Criminology Notes for Third Exam 3 major schools of thought in ideological forms Classical criminology Justify doing very different things Enlistment authors philosophes o Bentham o Beccaria Introduction to Morals and legislations 1780 Crimes and punishment 1764 Such good things we owe to the enlightenment o Classical criminology was an expression and a classification of the enlightens o Circumstances 1 Enlightens as an intellectual movement Critique of the cultural economic and social order Writing about what is wrong with social society Used human nature for the ideal Critique of the feudal society using human nature as the standard of critique o Using human nature as the ideal o The reports of classical criminology are of human nature Rousseau Man is born free and is everywhere in 2 Asymmetrical structures of power privilege People got what they got because of who they are not because of what they do Outcomes in life based on who you are not what chains you do Punishment was not exception to that o Land ownership ownership Philips family ex o Guilds you start as an apprentice and work your way up These are ridged hierarchal social arrangement craft monopolies You get what you get because of who you are you can have big skills but still won t amount to much because of who you are o Church The only way to get salvation is to be an active recipient of the sacraments You get what you get because of who you are o System of trade mercantilism Monopolizes a system of monopolized trade by shipping Companies had a monopoly to do so by the monarch the monarch let them monopolize and trade The nobility was at the top 2 3 Bourgeoisie The concept of nobility they got the land by taking it then eventually inheritance o Claimed ownership that had no basis Then government was formed to protect those claims We don t have nobility in USA but we do have people who have been wealthy for a very long time These people existed in and through and by markets They got what they got by what they could do in the way that what markets could do Had no monopoly Had their own ability to anticipate how markets would work they would put up money in return for a commodity hopefully more M C M prime Precaution Unpredictable Buying and selling of stuff They were in the business of maximizing utility as individuals not as members of an exclusive hierarchy They had stuff that were easily taken 4 State power was in hands of the nobility who were at the top of the land owner spectrum Had a monopoly of access to court positions legislative positions and administrative positions 3 The nobility had special courts for themselves if they broke the law If a regular person was executed for a crime it was a huge spectacle and was tortured for as long as possible while a Nobel was quickly killed with only one witness the priest Since it was in the hands of the nobles it could hurt the bourgeoisie more impose taxes tariffs dudes ship money It would make it even more unpredictable 5 Punishment was a spectacle of inconsistent excess Punishment is supposed to be consistent and rational in measure to the crime The nobility got a much lighter and not horrible death compared to regular people for the same crime o From you got what you got because of who you were to you got what you got because of what you did o Interests Who a subordinate but rising bourgeoisie they had the most to gain if punishment because consistent certain and equal What to have more predictable punishment 4 The facilitation of the set of ideas of the enlightenment The bourgeois who lived by their wits intelligence effort and got what they got because of what they can do They had stuff that you can take it was in warehouses boats shops Because that there were so many capital offenses punishment was disproportional to the crime The nobility got their own set of punishment because of who they were Punishment was a spectacle of excess and affected the bourgeois Merchants got together and petitioned parliament to reform the classical criminology They wanted to have punishment more consistently and predictable punishment What are the reports that classical criminology makes Baccarat the rote his book as a homework to his philosophes group Human nature is the ideal Human nature reflects human nature The reports are reports about human nature Sensual pain and pleasure that s why people behave To maximize utility of pleasure over pain Pleasure and pain dictates what he shall do they alone dictates what he should do o The balance of pleasure of pleasure over pain should be raised to a normative or moral standard o Empirical behavior standard shall do o Should do moral or normative application of utility 5 Punishment is the spectacle of inconsistent excess It fails as a moral standard it doesn t produce any good Can t produce a larger good like deterrence o For punishment to be justified to intrude on the natural freedom nature punishment must have a greater good for a greater number of people Utility that which produces the greatest good for the greatest number Rational the key of rational behavior acts on the basis of evidence A function of the processing of evidence Will or will not move us towards our ends Punishment that is a spectacle of inconsistent excess is cannot facilitate rational behavior deterrence Human nature as they see it importantly necessarily involves the freedom of and as individuals Bentham whatever we see as social is nothing more than an aggregate It s fiction The only real thing is the individual Three main reports o Human nature 5 commands o 1 punishment should be consistent with human nature To be consistent with human nature punishment should intrude with the natural liberties as little as possible Punishment should be minimal To be consistent with human nature punishment should produce utility greater good for the greater number To justify intruding on natural Liberty To produce utility punishment should deter crime 6 To deter punishment should be something that a rational utility maximizing person can take into account So punishment should serve as evidence For someone calculation benefits and costs of choosing crime when calculating individual utility o To serve as evidence punishment should be swift certain consistent and proportional to the harm the benefit of crime Answering the WHY gets to the cause Looking at the circumstances that underlines the rise of the school of thought goes with instability uncertainty this controls explicit
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