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Classical Criminology

Provided first theories about crime causation
                and prevention




            40 Boardman Place                                   www.cjcj.org
            San Francisco, CA 94103   © Center on Juvenile and Criminal Justice 2013
Charles de
Secondat, baron de
Montesquieu
  Published Spirit of
  the Laws in 1748 in
  advocated:
  the rule of law and
  the elimination of
  arbitrary power




                  40 Boardman Place                                   www.cjcj.org
                  San Francisco, CA 94103   © Center on Juvenile and Criminal Justice 2013
CESARE BECCARIA (1738-
1794)
   Author of Essays on Crime and

   Punishments 1764 where he argued

   that:

   •   Criminal law should be rational

   •   Penalties should be preventative

       not retributive

   •   Criminal penalties should be

       equitable and proportionate

   •   Certainty of punishment more

       important than severity



                                 40 Boardman Place                                   www.cjcj.org
                                 San Francisco, CA 94103   © Center on Juvenile and Criminal Justice 2013
Jeremy Bentham 1748-1832
   English advocate of Utilitarianism
   Coined term: Hedonistic Calculus
   “Nature has placed mankind under
   the governance of two sovereign
   masters, pain and pleasure. It is for
   them alone to point out what we
   ought to do, as well as to determine
   what we shall do. On the one hand
   the standard of right and wrong, on
   the other the chain of causes and
   effects, are fastened to their throne.
   They govern us in all we do, in all
   we say, in all we think...[16]”




                                 40 Boardman Place                                   www.cjcj.org
                                 San Francisco, CA 94103   © Center on Juvenile and Criminal Justice 2013
Elements of Classical Criminology
• Human Beings are Rational
• Deterrence is the purpose of punishment
• Human being balance pleasure with pain
• Punishment should be proportionate to the
  crime
• Sanctions should be proclaimed prior to
  their use


              40 Boardman Place                                   www.cjcj.org
              San Francisco, CA 94103   © Center on Juvenile and Criminal Justice 2013

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3. classical criminology

  • 1. Classical Criminology Provided first theories about crime causation and prevention 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 2. Charles de Secondat, baron de Montesquieu Published Spirit of the Laws in 1748 in advocated: the rule of law and the elimination of arbitrary power 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 3. CESARE BECCARIA (1738- 1794) Author of Essays on Crime and Punishments 1764 where he argued that: • Criminal law should be rational • Penalties should be preventative not retributive • Criminal penalties should be equitable and proportionate • Certainty of punishment more important than severity 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 4. Jeremy Bentham 1748-1832 English advocate of Utilitarianism Coined term: Hedonistic Calculus “Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think...[16]” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 5. Elements of Classical Criminology • Human Beings are Rational • Deterrence is the purpose of punishment • Human being balance pleasure with pain • Punishment should be proportionate to the crime • Sanctions should be proclaimed prior to their use 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013