Who are the key theorists of classicism?
Bentham and Beccaria
How did classicism change the way law was enforced?
- Arose in Enlightenment
- Previously people were punished for being witches and demons and law and justice was irregular and unsystematic
- Introduced system, fairness and consistency to the legal system
What are the key concepts of the theory?
- people are free willed and rational
- decisions are hedonistic: made by weighing up pleasure and pain (Bentham)
- Punishment will, therefore, deter people from crime, because the pain of punishment will outweigh the benefit of the crime
- Crime is an injury to society as a whole so punishment should aim to benefit the whole: utilitarianism: greatest good for the greatest number of people (Beccaria)
Since each person is sen to have equal capacity to reason, and given that every effort is made to make citizens familiar with the law, and with its punishments, crime is in essence a free choice. Crime occurs due to a calculated decision to do wrong, or an irrational decision.
Application of classicism to reduce crime?
- legislature should decide and define both crime and punishment
- laws should be simplified and publicised so the public can understand it
- role of the judge is to determine guilt (without discretion)
- seriousness of crime is determined by the harm caused to society
- purpose of punishment is to deter crime
- Punishment should be based on deterrence (general and specific), not vengeance - excessive severity of punishment is counter-active: people will lose faith in the system
- Punishment should be prompt and certain
Criticisms of classicism (5)
- Not everyone is equally rational/capable of assessing pleasure and pain, e.g. mental illness, drugs, children etc.
- Sometimes people make bad decisions
- Deterrence techniques don’t work:
- imprisonment doesn’t decrease crimes
- the death penalty doesn’t deter crime - Punishment may be equal for the offence but punishes different people more or less. e.g. a fine will effect a rich person less than a poor etc.
- Rich and poor have different access to legal system (and lawyers) and will likely be treated differently
What is rational choice theory?
- modernised version of classicism
- accepts that people do not alway choose ‘correctly’
What applications of rational choice theory are there to reduce crime?
- situational crime prevention: reduce opportunities
- e.g. car immobilisers, ink stamp things on clothes - Increasing risks
- e.g. Neighbourhood watch, Protective service officers etc. - Reducing benefits
- e.g. removing graffiti immediately
What is the social contract?
Idea that since every one is self interested there needs to be an arrangement with the state to protect us from the self-interested behaviour of others. Therefore the social contract is where individuals give up certain rights in return for the protection of their rights and security from individuals and the state itself.
Contract is maintained through punishment.
How is the rule of law important to classicism?
It provides that the law shall apply to everyone and apply to everyone equally.
