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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), andfinally, 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 justicesystem. 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male should make the laws for everyone without looking for his own benefit.He also believed that the punishments were outdated, and that though the government hadthe right to punish people, it couldn’t over punish them.Legislators were ‘dispassionate students of human nature’ who had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 wasnot 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). Thecriminaloid 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 thelaw 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 didnot act under their own free will, but rather as an evolutionary act. Lombroso did not takeinto 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 theRational believe that if people understand the punishment and the law, then crime is less likely to


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FSU CCJ 4614 - Essay

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