1. Classical Criminology  Based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions.  Grew out of reaction against barbaric system of law, punishment and justice that existed before the French revolution.  Prior to that time, there was no real system of criminal justice in Europe only crimes against the state, the church and the crown. ©2012 McGraw-Hill Ryerson Ltd.LO1

2. Classical Criminology: Historical Context  From the 14 th to 17 th centuries, the core of Government in Europe was the Christian church.  Criminal law did not exist and punishments were arbitrarily determined.  During this time the “witch craze” occurred due to the vagueness of the criminal law.  Public punishments were popular events. ©2012 McGraw-Hill Ryerson Ltd.LO1

3. Cesare Beccaria  Cesare Beccaria: one of the founders of the classical school and the father of criminology. On Crime and Punishment: outlined an enlightened criminal justice system to serve the people and not the monarchy On Crime and Punishment: outlined an enlightened criminal justice system to serve the people and not the monarchy ©2012 McGraw-Hill Ryerson Ltd. LO1

4. Beccaria’s Principles  According to Beccaria, the crime problem could be traced not to bad people but to bad laws.  Principles based in an understanding of society as a contract between the individual and the state.  Contract should prevent chaos and disorder. ©2012 McGraw-Hill Ryerson Ltd.LO1

5. Beccaria’s Principles (cont’d)  Legislators should create laws and judges should impose punishment only in accordance with the laws.  Laws should be written down and clear.  Judges should not interpret the laws.  Punishment should be based on the pleasure/pain principle.  Punishment should be based on the act, not on the actor. ©2012 McGraw-Hill Ryerson Ltd.LO1

6.  The punishment should be determined by the crime.  Punishment should be prompt and effective.  All people should be treated equally, regardless of social standing.  It is better to prevent crimes by appealing to one’s desire to avoid pain and to think rationally in making decisions.  People should consider the punishment attached to criminal behaviours and remain faithful to the social contract. ©2012 McGraw-Hill Ryerson Ltd. Beccaria’s Principles (cont’d) LO1

7. Jeremy Bentham – Utilitarianism  Bentham like Beccaria was concerned with achieving “the greatest happiness of the greatest number.”  Utilitarianism assumes all human actions are calculated in accordance with their likelihood of bringing happiness (pleasure) or unhappiness (pain). ©2012 McGraw-Hill Ryerson Ltd.LO1

8. Utilitarianism  Bentham proposed the felicific calculus where individuals are human calculators who use factors to help decide whether a particular crime is worth committing.  Believed in two types of deterrence – Individual and General for deterring someone from reoffending. ©2012 McGraw-Hill Ryerson Ltd.LO1

9. Deterrence  Individual – deters someone from offending again. Three strategies are: Taking away from him the physical power of offending. Taking away from him the physical power of offending. Taking away the desire of offending. Taking away the desire of offending. Making him afraid of offending. Making him afraid of offending. ©2012 McGraw-Hill Ryerson Ltd.LO1

10.  General – deters someone from offending at all. Uses punishment as an example.  The punishment suffered by the offender presents to every one an example of what he himself will have to suffer, if he is guilty of the same offence. ©2012 McGraw-Hill Ryerson Ltd.Deterrence LO1

11. Classical School Evaluation  Universally accepted principle that punishment must fit the crime.  Critics attacked the simplicity of its argument.  Some problems with the notions of deterrence. Many would argue that punishments are not sufficiently severe to act as an effective deterrent. ©2012 McGraw-Hill Ryerson Ltd.LO1, LO2

12. Neo-Classical Perspective  Criticism of Classical school resulted in the development of the Neo-classical perspective.  Still prescribed to many of the original claims of classical school, neo-classical criminologists challenge the rigidity of the legal system.  Proposed a modification that not everyone is equal before the law and that you need to individualize the treatment of offenders. ©2012 McGraw-Hill Ryerson Ltd.LO1, LO2