introduction
“Classical criminology theory refers primarily to the eighteenth century writings of Cesare Beccaria in Italy and Jeremy Bentham in England” (RL Akers 1999) and this piece will explore and evaluate the theory in depth. I will explain the views of this theory which will address the how classicism defines crime, how the theory views the cause of crime and ways to combat crime. This piece will also look at the influence the theory had on crime when it was introduced and how it affects the current Australian criminal justice system. Lastly, I will be exploring the relevance of the theory and whether or not it still applies to the current justice system within Australia as well as looking at problems that may have arisen from the views of classical theory.
how theory defines crime
Classical theory defines crime as an immoral form of human behaviour and that crime is a violation of the law
law reflects social consensus
how theory views cause of crime
“all men being by nature self-seeking are liable to commit crime.” (Taylor, Walton & Young 2013) This view shows the beliefs that crime is caused by the individuals free will and that human beings make decisions freely and rationally with knowledge of consequences. Beliefs of this theory indicate that crime will be committed regardless of their current environment or how they were raised, they believe all humans are self centred and will look to do whatever it takes to benefit themselves. Thus it is believed that humans will commit crimes out of selfishness and greed.
how theory seeks to combat crime
“Punishments must be proportional to the interests violated by the crime. It must not be in excess of this neither must it be used for reformation; for this would encroach on the rights of the individual and transgress the social contract.” (Taylor, Walton & Young 2013) This shows that crime preventing is achievable through punishments that are no lesser or more than the crime itself and through punishment that counteracts any gains that may occur from criminal behaviour. It is important to have the punishments fit the crimes by not having it too hard otherwise it will break the social contract and violate the rights of the individual but they also must not have the punishment too easy as it will not be enough of a deterrence for other criminals looking to breach the law. “In order to prevent a ‘war of all against all’, men freely enter into a contract with the state to preserve the peace within the terms of this consensus.” (Taylor, Walton & Young 2013). Punishment is necessary and sometimes intended to deter criminal and serve as am example to those who plan on violating the law.
how the theory influences the current Australian CJS; I.e. where this theories ideas are seen in the CJS
give examples
Current application
Law: structured, fair, published and accessible
courts: have legal rights, professional, fairness, equality, consistent
Corrections: punishments are humane, jail is to reform offenders and prison is a last resort
“There are two ways by which deterrence is intended to operate. First, apprehended and punished offenders will refrain from crimes if they are certainly caught and severely punished. This is known as ‘specific deterrence’ or ‘special deterrence.’ Second is ‘general deterrence,’ in which the state’s punishment of offenders serves as an example to those in the general public who have not yet committed a crime, instilling in them enough fear of state punishment to deter them from crime.”(RL Akers 1999)
criticisms of theory
“It fails to appreciate that individual differences may impact on people’s choices and actions even if they do generally follow a ‘utilitarian calculus’ (a necessary stage in the development of new ideas) but are unsupported in empirical research. In this sense it was an administrative and legal criminology concerned only with the uniformity of laws and punishment and not with the reason for behaviour or the causes of crime.” (University of Portsmouth 2012). Meaning that classical theory disregards the influence of the inequalities within society on the criminal justice system and crime also it does not take into account the motives and the causes beyond the criminals choice.
more prisons and stiffer criminal laws with greater punishments for offenders are the best solutions to crime
Conclusion