1
Q
Classical Reformers
A
- Enlightened reformers (Beccaria, Bentham) viewed demonic punishment as systemic rage
- the nature of all human action was the same (self-interest)
- the importance of happiness
2
Q
Mini-Max Theorem
A
- calculating, rational actors
- hedonistic, self-interested
- units of pleasure and pain calculated
- free will and social contract
3
Q
Punishment
A
- deterrence not retribution as the reason for social control
- crimes, not criminals, should be the focus of punishment
- rational punishment
4
Q
3 elements of punishment in the classical approach:
A
- Swiftness (celerity)
- Certainty
- Severity
5
Q
Bentham
A
- laws could be created when deviant behaviour presented a demonstrable social harm
- morality still influenced definitions + treatment of deviance
- determining the common good is subjective and can disregard minority rights
6
Q
Foucault
A
explains that the Enlightenment brought dramatic changes to the Modern understanding of definitions of deviance and methods of punishment
7
Q
How did the Enlightenment and classical theorists change the understanding of deviance and punishment?
A
- legislative determination of law, judicial determination of guilt
- humans are hedonistic; all behavior aims to maximize pleasure and minimize pain
- deviance is like any other behavior; control relies on swift, certain, slightly harsher punishment than the pleasure gained
8
Q
Classical theorists sought to
A
bring uniformity to punishment by ensuring that the legislative body generated laws and the judicial determined questions of guilt
9
Q
French Penal Code 1791
A
- pocket handbook that listed every single crime and punishment
- nobody should ever be ignorant of the law
10
Q
Current Justice Systems (modifications)
A
- Canadian criminal justice system is based on classical thinking but there have been major revisions
- there are ranges of punishment to allow for some discretion in dispensing punishment
11
Q
Growth of prisons
A
classical thinking contributed to the rise of prisons
