Premium Essay

Beccaria Deterrence Theory

Submitted By
Words 307
Pages 2
What is theory? Theory concludes the explanation between two or more events or factors. There are many theories in criminal justice system that explain crime and why it is committed. There are two types of theories; making and enforcing the law and criminal behavior. The primary purpose of law and the criminal justice system is deterrence. The original theorist is Beccaria. This theory assumes that “punishment prevents crime” and the punishment must be certain, swift, and severe. In this theory it assumes that the general public has free will and a choice on the way they want to act. Deterrence theory assumes that delinquent actions are through rational choice, because they weigh up the cost with the crime. This goes back to punishment prevents

Similar Documents

Premium Essay

Crime

...The theories on crime deterrence and punishment have changed throughout history. Beccaria, Lombroso and Durkheim are three theorists who have changed the way deterrence, punishment and crime generally is viewed within society. This research paper will first explore each of the theorists’ ideas separately. It will then examine the similarities and differences between each theory. Cesare Beccaria, born in 1738, focused on deterrence as the means of crime prevention. Beccaria fits into the Classical School of thinking, and wrote in a time when torture was used regularly to obtain information from people, and where capital punishment could be used for any type of offence. Punishment was based on a retributive means, where the punishment, or harm, given was equal to the harm caused by the perpetrator. In 1764, Beccaria published a book called “On crimes and Punishments”, where he theorised that this approach did not discourage determined criminals from committing crimes. He suggested, however, by taking away their liberty through incarceration that this would deter other would-be criminals not to commit similar crimes, and would also prevent the perpetrator to recommit the crime again. He based this theory on the utilitarian ideals: “the greatest happiness shared by the greatest number” (Beccaria 1764/1994, p. 227). In his book, Beccaria theorised the deterrence to a crime would increase in effectiveness the faster the punishment was delivered. He also argued that the punishment...

Words: 1364 - Pages: 6

Premium Essay

Deterrence Theory

...James Fondren 12/1/14 Criminology Dr. McGovern Deterrence Theory The deterrence theory has been a long study theory since 17th century, starting with Thomas Hobbes and then in more depth by Cesare Beccaria in 1764 when he published Dei Delitti e delle Pene (On Crimes and Punishments).Deterrence theory has continue to be study in more and more depth over the years by sociologist and criminologist and more recently the study of deterrence of specific crimes and using imprisonment times to deter crimes as well. The deterrence theory main idea is that punishment for crimes can be used as a threat to deter people from offending. There’s two parts of the deterrence theory, specific and general deterrence. Specific deterrence is focused fully on the individual; it instils fear in the specific individual being punished. This type of deterrence refrain the individual from future violation of the law. General deterrence is the Criminal Justice system making examples of specific criminals. The criminal isn’t the main focus but the criminal act and its punishment is received in a public view in order to deter other individuals from deviance in future. Thomas Hobbes was an English philosopher, best known for his work on political philosophy. Hobbes published Leviathan in 1651, which is the foundation of later Western political philosophy. In Leviathan, Hobbes describes men as neither good nor bad, he assumed that men are creatures of their own desire who want certain things and who...

Words: 1892 - Pages: 8

Premium Essay

Crime

...The Study of Crime By Juan Andres Alvarez Crime & Society Instructor: Sara Rogers September 19, 2011 The Study of Crime: Throughout recorded history there have been numerous theories that explain why criminal behavior exists. One of those theories is The Classical Theory of Criminology, it states that the combination of free will, hedonistic decision making and the failure of the social contact in producing criminal behavior. I tend to agree that it all come done to free-will and the desire to commit such acts. In order to comprehend the study of crime we must first learn to prevent crime. There are many crime prevention programs that have work others have not. Unlike these theories many of these programs have not yet been evaluated or hold enough creditable scientific evidence to draw positive conclusions. Enough evidence is available, however, to create provisional lists of what might work; what hasn’t, and what’s potential to work in the foreseeable future. In order to formulate a possible list of programs in our neighborhoods we must continue to study of crime and its many possibilities; and to purse and punish those criminals that break the law and bring them to justice. We as society should focus on not just what type of crimes are been committed or to what rate they are been committed but we should focus our attention on the aspect of crime that has not been studied before the learning to find peace amongst ourselves. Before we can learn to find...

Words: 2331 - Pages: 10

Premium Essay

Classical School of Criminology

...classical school of criminology? In particular, address the contributions of Beccaria and Bentham to the debate about punishment and the impact of these contributions in modern corrections? * Perceptual Research on General Deterrence: A Critical Review * Kirk R. Williams and Richard Hawkins * Law & Society Review, Vol. 20, No. 4 (1986), pp. 545-572 * Published by: Wiley on behalf of the Law and Society Association * Article DOI: 10.2307/3053466 * Article Stable URL: http://www.jstor.org.libraryproxy.griffith.edu.au/stable/3053466 2. .) In all societies certain kinds of behaviour are either encouraged or discouraged by a set of social rules, from mild discouragers such as frowns of disapproval to applause of approval. Behaviours that infringe upon the happiness of others or their property or the general wellbeing of those within the community were discouraged with stronger means such as verbal abuse, beatings and banishment. (Allen and Simonsen, 1998) 3. Theorists such as von Hentig of the early 1900’s proposed that Bentham’s theory of deterrence was invalid due to the fact that the pleasure of committing a crime is a “near object” whereas the consequence of crime imposed by the legal system is a “long-distance danger” and is unable to counteract the immediate rewards of crime. (Paternoster, 2010, p773) HOW MUCH DO WE REALLY KNOW ABOUT CRIMINAL DETERRENCE? Paternoster, Raymond Journal of Criminal Law & Criminology; Summer 2010;...

Words: 6215 - Pages: 25

Premium Essay

Classical V Positivist

...the impact of one’s’ environment. Cesare Beccaria helped make the present day Judicial System what it is; his thought process was in the beliefs of the classical theory. The Classical criminology theory is established on the thought process that committing a crime is a “choice” that individuals make on their own. It is only human nature to know the difference of right from wrong; the classical view depicts that one “knowingly” decides to do wrong not caring the consequences. This is where Cesare Beccaria comes into play, he decided that “do the crime, pay the time”, he felt that one’s punishment should be as just and fair pertaining to the crime itself; this is why all punishments have certain mandatory sentences imposed on them. Beccaria however, did not believe in capital punishment, he felt has though that it is not man’s job to inflict death upon another. Casare Lombroso is commended on creating this type of criminology notated as positivist; he unlike Beccaria did believe in capital punishment, and disagreed with Beccaria's perceptions on punishments being fit for the type of crime committed, and stated that instead, the punishments should be fit for the individual criminal. “The positivists were concerned with scientifically isolating and identifying the determining causes of criminal behavior in individual offenders” (www.crimetheory.com), basing their observations solely on their logical studies alone. This theory believed that convicts can be rehabilitated...

Words: 784 - Pages: 4

Premium Essay

Theories of Criminology

...Theories of criminology Prof. Dr. Ayman Elzeiny Introduction :- What is Theory? Definitions of the theory Vold, Bernard, and Snipes defined it as :- “an explanation … a sensible relating of some particular phenomenon to the whole field of knowledge” On other hand Bohm defined it as “makes statements about the relationship between two classes of phenomena” Williams and McShane defined it as “generalizations of a sort; explains how two or more events are related” . According to Shoemaker the theory is : “a systematic collection of concepts and statements purporting to explain behavior” . And according to Hoover the theory is “a set of related propositions that suggest why events occur”. We can define theory as "Statement of a relationship between two or more propositions and concepts . which explains and/or predicts some behavior ". Introduction to Theories of criminology : There are many "theories" of criminology suggested by many writers. It would not be practical to list them all. a few only that have received some support. The almost prominent schools of criminology Were : The Classical School, "which began about 1755 to 1764" after Beccaria (1738-94) published his famous Essay on Crimes and Punishments; Along with Beccaria, the thinkers of the Classical School were Rousseau, Montesquieu, Voltaire, Jeremy Bentham, William Blackstone, Samuel Romilly, and others. The Positive School, " which began after the publication of Lombroso's L'uomo...

Words: 14451 - Pages: 58

Premium Essay

General Deterrence

...Running head: General Deterrence and Crime Prevention Is General Deterrence Likely to Reduce Crime? Diane Fric Student Number: 996148039 Sociology 211 University of Toronto Mississauga February 2, 2012 The prevention of crime has become a main concern within societies throughout the world today. An understanding of the term “general deterrence” is important in understanding this paper. General deterrence can be defined as “the belief that people, in general, can be prevented from engaging in crime by punishing specific individuals and make examples of them” (Keel, 2005). General deterrence was first introduced in the 1970’s by a criminologist named Cesare Beccaria (Deuschmann 2007). Beccaria thought that the legal system should focus more on preventing crime from occurring rather than punishment. Many societies continue to use general deterrence when trying to prevent crime. The oldest and most frequently used crime prevention is deterrence through imprisonment. Societies believe that tougher and harsher sentences are the best and only responses to crime. According to criminologists, “people will engage in criminal and deviant activities if they do not fear apprehension and punishment” (Keel, 2005). In order for crime to be deterred, laws and enforcement are used to raise an individual’s awareness stating that criminal behaviour will result in punishment and attention (Keel, 2005). For general deterrence to be successful, factors other than fear of punishment...

Words: 1754 - Pages: 8

Premium Essay

Inattentivism Vs Relativism

...Furthermore, Kant opposed the use of rehabilitation, his judgment is that there is no place for individual that commit crime in society. In essence, the Just Dessert model originates from the theory of Immanuel Kant, as Just Desserts is certainly retributivism in general, set restrictions on the range and the variety of punishment and individual can accept. Chan (2001), argues that these boundries are inattentive in the belief of rehabiliation, where individuals can obtain an unstipulated prison sentence and could be released when the state thinks the individual are rehabilitated from their past crime. Incapacition is a theory that supports extremly long prison sentence on offence in order to prevent fruther crime being commited by offenders. For example: Clayton Weatherson ; a formal Otago University lecturer was sentence to 18 years in prison for stabbing his ex-girlfriend Sophie Elliot 18times in the chest, the prosecutor believe the crime was controlled and a deliberate act (NZ Herald, 2009). By saying so, if the criminals surrender their moralities when they takes another individual life, and the state impose them a compassionate punishment it show that we devalue the right to live in a free society (Winter, 1998)....

Words: 1458 - Pages: 6

Premium Essay

Classical Criminology and Imprisonment

...Define and discuss the classical school of criminology? In particular, address the contributions of Beccaria and Bentham to the debate about punishment and the impact of these contributions in modern corrections? Jennifer Summers Student Number: s2888608 Course: 2007CCJ Course Convenor: Dr John Rynne Course Tutor: Lisa Thomsen Due Date: 4th April 2014 Date Submitted: 4th April 2014 Criminological theories research and investigate a number of social and individual issues pertaining to the causes of crime, law and punishment. Classical criminology refers to a period of time known as the Enlightenment during the 18th century. The classical school was body of ideas with regards to the restructure and reform of punishment in the 18th century (Hyland, Gomez & Greensides, 2003) by a group of European philosophers and scholars, including Cesare Beccaria and Jeremy Bentham. These two classical thinkers were at the forefront of criminal law and penal reform. This essay seeks to explore the role that Beccaria and Bentham had in the debate about punishment in their time and how their contributions have impacted modern corrections. To understand the contributions that Beccaria and Bentham made to classical criminology, it is fundamental to understand about the social conditions that existed when they were writing. The classical thinkers were rebelling against an arbitrary and corrupt system of law, in which the judges held and absolute and tyrannical power over those...

Words: 1436 - Pages: 6

Premium Essay

Crj 105 Wk 5 Quiz 2 Chapter 5 to 8

...CRJ 105 WK 5 QUIZ 2 CHAPTER 5 TO 8 To purchase this visit here: http://www.activitymode.com/product/crj-105-wk-5-quiz-2-chapter-5-to-8/ Contact us at: SUPPORT@ACTIVITYMODE.COM CRJ 105 WK 5 QUIZ 2 CHAPTER 5 TO 8 CRJ 105 WK 5 Quiz 2 Chapter 5-8 1. "Theory" is best described as: a. Fact b. Providing justifications for criminal behavior c. Useful for making sense of otherwise isolated, seemingly random facts d. Useful in locating the one key that will explain all criminological behavior 2. The view that criminal behavior is ultimately driven by supernatural forces is known as: a. Classicalism b. Demonology c. Marxism d. Victimology 3. "Women accused of witchcraft were tied up and thrown in the water. If they survived, they were innocent." This type of practice is known as: a. Capital punishment b. Neoclassicalism c. Torture d. Trial by ordeal 4. The earliest theories of crime causation were: a. Demonological b. Ecological c. Economic d. Classical 5. Beccaria's work can be summarized as arguing that: a. Crime is the result of forces outside of an individual's control. b. Capitalism is at the root of most crimes. c. The punishment should fit the crime. d. Crime rates are related to geography. 6. Jeremy Bentham advocated for "the greatest happiness shared by the greatest number." The term that refers to this approach is: a. Demonism b. Ecological determinism c. Marxism d. Utilitarianism 7. Which of the following theoretical perspectives is based...

Words: 1434 - Pages: 6

Free Essay

Unit 9 Forensic Psychology Final

... There are many different theories on what causes a person to perform deviant behavior, including biological explanations, psychological explanations, and sociological explanations. Numerous theories have been established to explain criminal behavior. While some theories are not as common, others have evolved and are used in many criminal studies today. Up-to-date criminologists combine the most relevant characteristics of sociology, psychology, biological, and social-psychological to advance their understanding of criminal behavior. Professionals in this field study factors that contribute to criminal activities, make relevant policy recommendations and draw conclusions based on those assessments. (Varying Theories on Crime, 2015) Several theories attempt to explain criminal behavior. Most theories assume: * Crime is part of human nature. * Crime is based on biological, psychological, and/or economic aspects. One of the earliest approaches to explaining the causes of crime was the classical theory, which is defined as a product of the Enlightenment, based on the assumption that people exercise free will and are consequently completely responsible for their actions. In the classical theory, human behavior, including criminal behavior, is motivated by a self-indulgent wisdom, in which actors with the potential pleasure of an action against the possible pain associated with it. (Explaining Crime, 2015) In 1764, criminologist Cesare Beccaria...

Words: 2646 - Pages: 11

Premium Essay

Criminology Terms

...relationship is seen. Empirical Validity. This is the most important factor in evaluating a theory, and means that the theory has been supported by research evidence. Ideology. A belief system and a set of core values or philosophy. In a pure sense, an ideology states or explains how things should be, and a theory explains how things actually are. Internal Logical Consistency. A theory needs to be presented in a logical manner and to have clearly stated propositions that agree with or do not contradict one another. Restated, does the theory make logical and consistent sense? Macro. Macro theories of criminal behavior explain the “big picture” of crime—crime across the world or across a society. They attempt to answer why there are variations in group rates of crime. Other authors have used the terms “epidemiology” or social structural theories. Micro. Micro theories of criminal behavior focus on a small group of offenders or on an individual crime. They attempt to answer why some individuals are more likely than others to commit crime. Other authors have used the terms “individual conduct” or processual theories. Necessary Condition. This means that X must be present to produce effect Y. If X is notpresent, Y will not occur. Parsimony. This refers to how many propositions, steps, or statements are involved. How simple is the theory? Policy Implications. If the theory is empirically valid, what solutions are suggested. Probabilistic Causality. A concept...

Words: 1223 - Pages: 5

Premium Essay

Criminal Acts and Choices Paper

...Your Name Here CJA/204 University of Phoenix Criminal Acts and Choices Over the years there have been several different schools of theory which have been developed with the intent of explaining and understanding criminal behavior. These schools of theory include sociological, biological, psychobiological, psychological, classical, social process, emergent, and conflict. There are a variety of factors which play a role in determining what is considered criminal activity. Several factors within social, political, and economic inequities have had a roll in creating conflict within society which has led to criminal activities. As a part of the human development process, failed self-direction, an absence of “normal” opportunities, association with defective individuals, inadequate social roles as well as social organization and disorganization are a variety of factors which have led to individuals engaging in what is considered criminal activities. Some theorists say that criminal behavior derives from psychobiological factors such as hormones and human DNA; while others point to inappropriate behavioral conditioning as a contributing factor to criminal activity. During the late eighteenth and early nineteenth centuries a classical school of crime causation dominated criminology. Prior to classical theories, superstitious beliefs and mysticism explained the reasoning for deviance. The classical school recognized rationality and the ability to exercise informed...

Words: 1037 - Pages: 5

Premium Essay

Criminological Relationships Between Theory and Policy

...Criminological Relationships between Theory and Policy American Intercontinental University Julie Hurden Abstract This paper will discuss three policies within the criminological field and the theories that might have influenced them. The three policies and two theories that will be discussed in this paper are the death penalty, three strikes laws and expunging of records, the classical school of criminology and the labeling theory. This paper will discuss rulings by the Supreme Court concerning the “Three Strikes and You’re Out” laws and the death penalty policies. It will review the Eighth Amendment and the Fourteenth Amendment of the Constitution of the United States. Criminological Relationships between Theory and Policy Three Strikes and You’re out Law (TSAYO) The Three Strikes Laws are basically laws that order increased sentences for repeat criminals, this increased sentence is given after three felony crimes have been committed by an offender. Most state and federal laws in the United States require harsher punishment for repeat offenders but they are not as severe as the “Three Strikes and You’re Out” (TSAYO) laws. TSAYO was passed into law to help protect society from persons that are dangerous and have exhibited a pattern of criminal behavior, to break it down this law simply takes repeat offenders out of the game by putting them in prison and hopefully deter others from committing...

Words: 2012 - Pages: 9

Premium Essay

In Cold Blood Analysis

...Both Thom Brooks and Cesare Beccaria interpret the idea of justice through the process of punishment and its outcome. One in particular text that is targeted with these ideas is In Cold Blood written by Truman Capote in the year 1966. In Cold Blood, takes place during the time of a quadruple murder case in Kansas, following two major suspects who were later convicted Perry Smith and Richard (Dick) Hickock. In the end, Perry and Dick do go through all four parts of punishment, and go through exactly with what Thom Brooks describes. Both Perry and Dick receive the most severe punishment, because of their crime committed, which is capital punishment (Sentence to Death). According to Beccaria’s explanation of the purpose of punishment, Capote's...

Words: 650 - Pages: 3