Cesare Beccaria and the principles of classical criminology

Classical criminology was an idea formed because there was no formal understanding of what caused criminal behavior. In an attempt to make sense of what was deemed socially irresponsible behavior, Cesare Beccaria was determined to formulate a theory that not only helped explain criminal behavior, but also helped to streamline punishment. Before this theory was developed, crime was not studied and the enforcement of crime was very arbitrary. Many times crime was considered a class issue. People in the lower classes were thought to be prone to crime whereas those in the upper classes were generally upstanding citizens. Of course, this could have been because the gentry were making and enforcing the laws. Therefore, the primary context around which Beccaria based his premises was that of justice which was not a primary concern previously. His theory was based on the fact that people are in control of their own fate.

EXPLAIN THE MAIN PRINCIPLES OF CLASSICAL CRIMINOLOGY.

Classical criminology was founded more as a complete approach to dealing with crime, the courts and punishment than just a theory. The idea was that there was no consistent manner in which crime was dealt with, and it was just as likely that a person would admit to a crime under torture, that they did not commit, than the actual perpetrator of a crime would be found. The theory offers a comprehensive look at how crime should be dealt with by the governing system.

The actual theory was about the choices people have, and the poor ones that are made due to selfish interests. "Crime occurs when the benefits outweigh the costs -- when people pursue self-interest in the absence of effective punishments" (Cullen & Agnew, 2002). The theory was not meant to provide the punishments (that was up to the courts) or to elucidate what a crime is or was (that is the job of the law-making body), but the theory did try to explain why people will act in a lawless manner.

One case in literature that follows the classical precepts closely is Jean Valjean in Hugo's "Les Miserables." His initial crime was that he stole a loaf of bread because his sister and her family were starving. The classical theory would look at the crime and see that Valjean looked at the punishment he would receive vs. The benefit of the crime. The benefit was that his family would survive for another day vs. starving to death. The other side of the coin, the punishment, could have been as harsh as death, but he did receive five years in prison for the theft. His was a classical case of weighing the crime and the outcomes, and making a decision to commit a crime based on the fact that the desire for personal gain (even though it was a selfless rather than a selfish act) was greater than the threat of punishment.

3. EXPLAIN THE PRINCIPLES OF NEO-CLASSICISM?

The neo-classical school of criminology follows along the same principles of rights, justice and explanation of the causes of criminal behavior that the classical theory does, but it updates the precepts and puts them in a modern context. In classical criminology the concept of imprisonment for a crime was predominant. Punishments were also harsher because the belief in capital punishment for many crimes now deemed lesser offenses was still in force. The primary thrust of the neo-classical school is the use of other methods of deterrence that may have a greater record of success for lesser crimes. Through the use of alternative punishments such as half way houses and home confinement, theorists hoped that petty criminals could be guided to a licit lifestyle. This school also looked into the rights of the prisoner rather than just the rights of the victim of the crime.

4. WHAT WAS THE ATTRACTION OF CLASSICAL THEORY TO LEGAL AUTHORITIES?

This theory was mainly attractive to the legal authority because it had strict objectives that allowed them to construct a framework for punishment based on the crime. Since crime was previously thought of as the interference in a person's life from some supernatural force, this theory put the onus back in the criminal and took the much of the harshness out of the punishment. People realized that the criminal had to be rehabilitated rather than eradicated because of the evil force which caused them to commit the crime.

The four primary of objectives of the theory were: "1) to prevent all criminal offenses through punishment; 2) when it cannot prevent crime, at least to convince offenders to commit a lesser crime; 3) to insure that a criminal uses no more force than is necessary; 4) to prevent crime as cheaply as possible" (Cullen & Agnew, 2002). These are why the theory is so attractive. The primary goal of any police department and court system is to keep the citizens under their watch safe. By letting anyone who wishes to engage in criminal activity the punishment they will receive for a particular act, it is more possible to achieve the two final goals. Punishment is meant to completely deter crime, but another attractive feature is that it should reduce the cost of the crime on two fronts. First, the individual cost, meaning how crime affects people, is greatly reduced if there is a comprehensive and focused theory of crime. Also, the actual monetary expense should be reduced (at least according to the theory).

7. EXPLAIN SITUATIONAL CRIME PREVENTION, AND WHAT IS ITS LINK TO CLASSICISM?

Situational crime prevention is basically using modern methods of data gathering to prevent crime. It is not a method that attacks the criminal or makes any statement about the individual in any way. Instead using this method people try to determine the places that crimes occur the most, and they use policing and community response to diminish its occurrence in those areas. A great example of this is when Rudoph Giuliani changed the way the New York police department operated. The city used computer modeling to find out where hot spots were in the city, and they punished even the smallest crimes (it was noted that police were ticketing jay walkers).

This parallels very well with the classical school of criminology very well. IN the classical school every crime is punished to make sure that the person who committed the crime pays for the damage to society. Also, situational prevention was a great cost savings because it attempts to focus the activity of the police. Since every crime is punished (most with a fine), there is also more revenue generated for the municipality, state, or federal entity.

8. WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF THE CLASSICAL APPROACH?

The advantage initially was that it actually focused the activities of those trying to mitigate crime. Prior to this theory there was no set method of foiling criminals. The penal system was reorganized in many areas mainly because of this system. Also, it laid the blame of the crime on the person and not on some nebulous, nefarious entity. The person was seen as having the choice as to whether the crime was committed or not (freewill), and it was not a matter of any outside force.

The primary disadvantage is that this is still too simplistic an approach. Sometimes an individual will not have the choice because of some outside determinant. Crime is a complicated matter that cannot be simplified down to whether the person exhibited their freewill in a positive or negative manner.