The classical theory was founded by Cesare de Beccaria and Jeremy Bentham during the 18 th century and continues to play a critical role in the legal system today. Beccaria and Benthman are considered as vital enlightenment philosophers in the field of criminal justice. The classical theory of criminology has had a significant impact in shaping the criminal justice system and how punishments are issued. The classical theory in criminology implies that a person who engages in illegal activities does so while being aware that they are breaking the law and understand the consequences of their actions. The concept behind classical theory is that people are rational beings who have the capacity to control their behaviors. Thus, classical theory is a response to criminal behavior as it advocates for law enforcement to take action against a law breaker by issuing a befitting punishment for the crime committed. The punishments that are awarded for crimes committed must be rational; thus, the severity should be influenced by the intensity of the crime and should be directly proportional to the criminal act and serves the common good of the public. Through classical theory, criminal justice perceives criminal acts as unethical and immoral human behaviors that infringe the society and weakens the community. Therefore, by punishing offenders, law enforcement is able to deter criminals from committing crimes, and set a good example to the public by demonstrating the consequences of their actions if they engage in illegal acts. The classical theory is the foundation of criminal justice as it brought emphasis to the development of police, courts and correctional facilities. The theory suggests that more prisons and stringent laws should be implemented as effective strategies of combating and minimizing crimes. The classical theory proposes punishment as a way of controlling human behavior. This is because as rational beings humans have the will to control their behaviors; therefore through punishments they may be able to reconsider partaking in illegal acts. Punishment in criminal justice is considered as the principal approach of deterring illegal behaviors by imposing fear on the doer. The fear of pain or freedom is used as a measure of ensuring that human beings use their will to make informed decisions and choices. Beccaria (1995) insists that since the federal government has the authority to punish behavior, it should be able to do so using an organized approach using law enforcement, courts and correctional facilities as the central administrators. The writings of Beccaria concerning the classical theory have been used to shape the criminal justice system and have influenced the formation of Bill of Rights and the U.S constitution. The philosophy behind the classical theory have contributed in streamlining the criminal justice system by speeding up court trials and the implementation of governing principles that mitigate cruel and absurd punishments. Additionally, the classical theory has also been used as an approach of eliminating torture as an alternative type if punishment. According to Beccaria (1995), the criminal justice system should have a hierarchy of punishments and the type of punishment imposed would depend entirely on the severity of the crime and the number of times a person has committed the crime. Using this approach, Beccaria aimed at eliminating the powers that judges possessed which permitted them to favor certain punishments fitting the crimes.
References
Beccaria, C. (1995). On crimes and punishments. In R. Bellamy (Ed.) (R. Davies, Trans.), On crimes and punishments and other writings. (1-113). Cambridge: Cambridge University Press. (Original work published 1764)
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