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Beccaria is the father of classical criminal theory and his theory falls under 3 main points freewill all individuals have freewill and make choices on that freewill rational manner all individuals rationally look out for their own satisfaction key to relationship between laws and crimes because individuals look out for their self interest which could mean deviating from the law and the law is to ensue social contracts at times those clash and finally manipulability universally shared human motive of self interests makes human action predictable generable and controllable Expresses need for crim system but also for laws and punishments regulated by the government When someone chooses to live in a society they choose to give up some personal liberties for safety and comfort of the society as a whole There is a need and a right to have laws and a crim system to make sure everyone follows accordingly to protect against those who want to harm the personal liberties in a society His treatise was used as a blueprint to help build the new and enlightened criminal justice system He argued that the old laws were laws if passions and not of nature and to fix it he believed an enlightened male should make the laws for everyone without looking for his own benefit He also believed that the punishments were outdated and that though the government had the right to punish people it couldn t over punish them Legislators were dispassionate students of human nature who had to make punishments in accordance to crimes Beccaria writes that legislators must make laws and not judge over people judges can t interpret the law and that the law must be clear and concise He also believed torture was not a fair and appropriate form of punishment and also believed the death penalty would not reduce crime In today s world this theory has been refined into the Rational Choice theory Both theories support the idea that laws and punishments for crime would deter the general public from committing crimes Lombroso Father of modern criminology his theory relied on atavism the idea that criminals were evolutionary throwback which led to different categories of criminals His ideas came about during Italy s social destruction which included corruption poverty inflation on food items and racism in southern Italy as well as the fact that prison costs were too high to keep everyone locked up and it eventually became a priority system Along with those concerns recidivism was spreading forming an idea that criminals are habitual beings Lombroso s idea of the born criminal was popular because it allowed the ruling class to overlook all the social problems His idea of atavism was strongly influenced by his medical background He believed criminals were biologically inferior and believed that criminals were not really another variation of man but rather its own subspecies however there is more than one type of criminal i e insane criminal habitual criminal political criminal born criminal and criminaloid In his book The Criminal Man he goes on to say that the insane criminals were not born criminals but that rather become one because of an alteration in their brain think those mentally unstable or living with a brain disease as well as alcoholics The criminaloid does not possess the same physical characteristics that normal humans share event though they look remarkably alike and the only difference between criminaloids and born criminals is that criminaloids commit crimes at a later point in their lives Lombroso also believed that born criminals and imbecile were related and uses epilepsy to explain the bond they shared Habitual criminals would usually be a member of an organize crime and political criminals were distinguished by their violent nature Most of the political crimes were based on anger love or honor and although they displayed an impressive skill of altruism intellect and patriotism they were also viewed as pathological because of high suicide rates He classified women as more violent in their acts but believed them to be more like children instead of men Lombroso did have one main critique Tarati who spoke out against Lombroso for his erasure of social issues as a motive of crime and that a lot of Lombroso s biological anomalies he used weight height and age as criminal capacity affected the population equally Numerous other critiques popped up and Lombroso continued to revise his theory He quickly turned to epilepsy as a cause of crime when physical characteristics could not explain things Though a lot of his theories seem outdated in today s world the idea of a born criminal still stands and many believe that brain pathology is cause for violent crimes His ideas led to more people studying the brain and eventually led to remarkable discoveries about the different parts the brain controls Beccaria believed that criminals acted under freewill rationality and manipulability He believed that people looked out for their own interests even if it meant deviating from the law and that if an individual joins a society he she would give up some personal liberties for safety and comfort Beccaria believed in laws and punishments though nothing harsher than the crime committed and that the old laws were in accordance with old crimes which were barbaric and must be changed He believed that people had a choice and that if they understood the laws and the punishment following a crime clearly then crime would lower This is different from Lombroso who believed that people were born as criminals and did not act under their own free will but rather as an evolutionary act Lombroso did not take into account social duress and believed criminals to be a sub species of man While Beccaria was greatly influenced by his friends Lombroso was greatly influenced by his medical knowledge and to this day Lombroso s theory of the born criminal is still accepted and many believe that brain pathology is the cause for violent crimes Lombroso s theory revolves around biology while Beccaria s theory revolves around sociology Breccaria s theory is still used today as the Rational theory a theory that excludes biological factors and only takes into concerns the societal ones Both Breccaria s and the Rational believe that if people understand the punishment and the law then crime is less likely to follow


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FSU CCJ 4614 - Essay

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