Classical School of Criminology

The father of the Classical School of Criminology is __.

Cesare Baccaria.

Utilitarianism

behavior is purposeful and not motivated by supernatural forces

What did Baccaria believe in?

Deterrence and punishment/sentences that were proportional to the seriousness of the crime.

Origins of the Classical School

Classical criminology theory began in the Enlightenment
Creation of the concept of rights. Rights: unilateral entitlement.
Before Law was relational and obligational.
Law becomes subjective and in becoming subjective it generates rights

Baccaria believes that crime is a matter of _ and _ choice.

Free and Rational

His theory was...

that criminals have control over their behavior, they choose to commit crimes and they can be deterred by the threat of punishment

Social Contract

laws are the conditions under which -isolated and independent- people agreed to form a society.
The purpose of punishment is deterrence. Punishment should be imposed in order to prevent offenders from committing additional crimes. It is a tool, not an end

Pleasure and pain

or rewards and punishment are the major determinants of choice

Four Basic Principles

Individuals have the will and rationality to act according to their own will and desires
Individuals will calculate the rationality of the crime based on the benefits of the crime versus the consequences of the crime
Severity of the punishment should be d

Neoclassical Theory

Father was Jeremy Bentham.
Focuses on policies rather than crime causation.
Less concerned with finding "causes" and more concerned with finding "what works".

Crime is seen as...

a choice made based on costs, benefits, and opportunities.

Neoclassical Theory Continued...

A modification of classical theory in which it was conceded that certain factors, such as insanity, might inhibit the exercise of free will.

Premeditation

A measure of the degree of free will.

Mitigating circumstances

Legitimate grounds for diminished responsibility.

Classical and neoclassical theory are the basis of the...

United States Criminal Justice System