1
Q
Right to punish
A
- punishment is only justified by absolute necessity; to protect public liberty from individual usurpation
- punishments beyond what is necessary are tyrannical
- justice = the minimum bond necessary to keep individuals united
- laws must align with human nature + sentiment, or they will fail
2
Q
Proportionality
A
- there should be a fixed proportion between crimes and punishments
- crimes are graded by the degree of harm to society; punishments should match
3
Q
Intent of Punishments
A
- punishment is not revenge or a way to undo past crimes
- punishments should create lasting impressions on the mind, not just physical torment
4
Q
Purpose of punishments:
A
- prevent the criminal from harming society further
- deter others from committing similar crimes
5
Q
Torture is ineffective and unjust:
A
- innocents may confess falsely; the guilty may resist
- confessions under torture are unreliable and often must be repeated
- torture is a remnant of barbaric justice and fails as a method to find truth
6
Q
Immediate punishment is more effective:
A
- links crime directly with consequence
- reduces anxiety and uncertainty for the accused
7
Q
Certainty of punishment matters more than severity:
A
- even mild but inevitable punishments deter more than extreme, uncertain ones
- harsh punishments can backfire, leading to more crime
8
Q
Mildness
A
- excessive cruelty hardens people’s minds and may provoke further crimes
- punishments should only be as severe as needed to deter others
- spectators’ impressions are key: public, visible punishments educate society
9
Q
Death Penalty
A
Beccaria argues against capital punishment:
- humans cannot delegate the right to take life
- death is less effective than perpetual imprisonment for deterrence
- life imprisonment is continuous and visible, reinforcing the consequences more strongly
- public executions teach barbarity, contrary to laws meant to moderate society
10
Q
General Principles
A
- punishment should be public (deterrent effect)
- punishment should be immediate (links cause and effect)
- punishment should be necessary (no more than required)
- punishment should be proportional (matches the crime)
- punishment should be determined by law, not arbitrary will
11
Q
Three basic minimums for punishment:
A
swiftness, certainty, severity
