Classical CriminologyThomas Aquinas: (1225-1274)Crime, according to Christian Theology, trace back to the human history---Adam and EveHistory began: people have to work for food.Thomas Aquinas: combined Christian Theology and natural law. Human is naturally good. Everything contrary tothis is crime, or sin. Crime for Thomas Aquinas is a moral problem, and an immoral act.Morality: for Thomas Aquinas, morality is not act, but about a person. A person act contrary to human goodness isimmoral. A crime violates god’s law, punishment is absolute and uncompromisingNot only punish the act, but punish the entire person.Draconian: the entire person is punished for God’s law.Thomas Hobbes: (1588-1678)Human is by nature bad, people are selfish, looking for their own goods.Human condition is by nature a war against law.What made society and social order possible? Everyone is into a social contract. We give up violence; we agree todo that in our own self interest. Self-interested social contract: giving up violence will protect me.Cesare Beccaria: (1738-1764), On crime and punishments, 1764Beccaria: reflect condition of society and social changes. The world he lives: the economy is changing. Mercantilism: monopoly made a lot of people rich. A new social class appeared in European society. For theprotection of this class of people. The wealth of these people may be stolen by poor people.Criminal justice is very arbitrary, and biased. New middle class traders.Mercantilism: is a capitalism system. Capitalism is based on rational thinking and calculation.Criminal Justice is also rational, calculable, and predictable.Man is not morality but rather rationality, calculability and predictability.Criminal make rational decision to commit crime. Crime is rational. Crime is no longer a moral problem butrather a rationally chosen violation of the social contract.Basic components of criminal justice by Beccaria: determinant sentencing. Punishment: legal formula. No matter old and young, rich or poor, same crime get samepunishment.Three things about punishment taken into consideration: severity, certainty, and celerity.He objected severe punishment: it is sufficient that the evil it occasions should exceed the good expected from thecrime. The punishment need to exceed the benefit of crime only a little bit. The severity will make crime worse: 1.the offender escape to commit other crime instead of commit. 2. The state: general culture of violence, it willmake violence normal.—The brutalization thesis.Certainty: a certain punishment will have greater impact on offender than severe punishment. Punishment shouldnot be severe, but be certain. If the offender is threatend by torture, but also see escaping, he will gamble onescaping. A small but certain punishment is enough.Celerity: based on his understanding of individual rationality. The punishment and crime are connected. Realhumanitarian concerns: sitting in jail for months before the punishment came. His primary concern is not to punish crime, is to prevent crime: he was concerned by the deterrence of crime:discouraging potential offenders from committing crime. Deterence by law: punishment should not prevent crime, but law should. “It is better to prevent crimes than topunish them” The offender will be deterred from doing further crimes. The public is deterred from doing crimethemselves.Classical Criminology: provide an explanation why crime occurs and people commit crime. Offset the benefit ofcrime by punishment.Determinant sentencing: treat everyone the same? Not fair because everyone is not the same. Crimes could beaccidental. We couldn’t punish the insane people same as rational people. So Beccaria’s is revised, to take accountindividual extenuating situations, to neoclassical criminology.Neo: more flexible.Positive criminology: indeterminate
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