Crimes and Punishments: The Definitive Guide

An Essay on crimes and punishment ( Dei delitti e delle pene ) is the seminal work of Milanese criminologist Cesare Beccaria. Cesare Beccaria (1738-1794) is consindered to have been one of the leading figures during the Lombardi Enlightenenemt, a period of significant revolution in thoughts and behaviours within western civilization. Beccaria alongside the two Verri brothers (Pietro and Allesandro) led a cultural reformist movement dubbed ‘ The Coffee House.’ The themes espoused throughout the Enlightement era were centered around literature and other subjects of socio-political interests (Bessler, 2016). The treatise “An Essay on Crimes and Punishment” published in 1764 is consindered to be the foundation of current penal codes and criminal justice system. It evaluates the role of punishment in crime prevention, offering an impassioned critique on the punishment practices carried out in Europe prior to the eighteenth century. The book intends to reach audiences that need to understand the criminal justices system, its history and how it has evolved over time. This review atteampts to analyze Beccaria’s thougts on the criminal justice system and how these ideas have permeated the mordern-day justice system. The book utilizes a clear and animated style to appeal to the need for reprieve against unjust human suffering. Unlike other comparative thinkers of his time Beccaria’s work appears to be more of advocacy than a theoritical treatise. Partly due to its clarity and concise message the book achieved significant acllaim across Europe ( Dooley, 2018) . The work received critical acclaim from philosopies of Frannce with reputable figures like Voltaire producing glowing approval of the work. The work was also influential for Thomas Jefferson, William Blackstone, and Catherine II of Russia all who were influential in the development of the justice systems in The United States, England, and Russia. On crimes and punishment was one of the pioneer arguments against capital punishment and the institution of penal codes in the criminal justice system. The treatise adovacted for full-scale reforms that aligned criminal justice with rational principles. Beccaria’s work was organized around three central themes of social contract, value of science, and a strong commitment to progreess. These themes stand out throughout the entire book and one can notice how the author deliberately connects these themes and the criminal justice system to ensure that the reader grasps the intended message. According to Beccaria punishment for crime should adopt the utilitarian ideal of delivering the most happinnes for the majority of people. The author believed that even with the complexity of crime and human motivations it was possible to develop policy that produced the highest returns for the greate number of people. Beccaria opens up his work with discussions on the social contract theory. The book asserts that a state’s soverignity emanates from the sum total of all the rights and freedom relinquished by the citizens to attain a certain level of security. The treatise argues that political sovereignity is vested in governments for the sole purpose of protecting the well being of society. Citing English philosopher Thomas Hobbes, Beccaria writes, “‘Wearied by living in an unending state of war... they sacrifice a part of [their] freedom in order to enjoy what remains in security and calm” (Bessler, 2016). Both Beccaria and Hobbes agreed that nature was in a constant state of war and to satisfy the need for security humans devised sovereign states. The two however disagreed on the amount of liberties relinquished to the sovereign state. While Hobbes believed that citizens relinquished all liberties, Beccaria argued that individuals relinquished the smallest possible part to persuade others to defend him. According to book, since individuals are so passionately self-centered, enforcing the social contract between the state and indivduals is tatamount to punishment. State imposed sanctions (punishment) try to seize back the freedom they have already relinquished to the state. Since the individuals have only relenquished a small part of their freedoms there is a limitation on the extent, mode, and scope of punishment extended on any individual. Beccaria embeds concepts of utilitarian rule to the social contract theory by arguing that appropriate punishment should drive greatest sense of happiness for the greatest number of individuals. According to Beccaria justified punishment is that which produces the maximum security and order ( Audegean, 2017) . The majority of society is left to enjoy the maximum freedom available for thema. For Beccaria the metric for egalitarian justice is that laws should produce ‘ the greatest happiness shared among the greater number.’ Using this theory Beccaria is able to marry utilitarianism to social contract theory. Another recurrent theme in On Crime and Punishment is that the powerful, noble and rich should be subjected to the same form of justice as the common man. In reviewing Beccaria’s work Richard Bellamy asserts that the actual goal of social advocated by the book is focused on achieving maximum happiness for each individual equally. Overall, Beccaria’s work is concise in articulating the concept of maximum social welfare. There, however, remains significant debate on the influence of retributive justice elements on some of his sentiments. One of the most prominent themes prevalent in Beccaria's On Crime and Punishment is the arguments against the death sentence. The works are still used to date by anti-capital punishment activists and lobbyists. Based on his foundation of social contract theory, he argues that individuals do not relinquish their right to live in order to achieve security. Life is perhaps the greatest of all liberties, and it would be counterproductive to give up this liberty for security, one would not need while dead. Beccaria writes, “Who has ever willingly given up to others the authority to kill him?” Beccaria argues that men do not have the right to commit murder, how would they give power to another to kill them. Beccaria argues that the death penalty amount to an act of war besides the domains of justice. He continues to assert that even in war; death was neither useful nor necessary for society. His assertions are that long-drawn-out servitude where more fear-inducing than the fleeting shock of death. He furthers asserts that the death penalty would hold up brutalizing society by providing an example of savagery (Ferrajoli, 2014). Other notable philosophers such as Bentham and Blackstone went further to substantiate Beccaria’s thought on the death punishment by stating,” ‘the more attention one gives to the punishment of death, the more he will be inclined to adopt the Beccaria opinion.” These sentiments have been further substantiated by empirical data capital punishment had brutalizing effects on society. The effects of this brutalization are a punishment that is more fatal than the crimes it aimed to prevent and deter. There are remaining scientists and researchers who hold that capital punishment has a more sizeable deterrence effect than long-drawn prison sentences. It is commendable how the book explains laws as the conditions men deliberately and naturally bond to in the society. It emphasizes the need for each member of the society governed by the same set of laws to be judged equally. Another significant theme is torture as a form of punishment. Beccaria articulates the need for fair trial, and torture not be used in criminal investigations. Although torture is commonplace in governments worldwide, it does not always yield the desired result and is often faced with resistance (White, 2016). Torture is inhumane in its very nature. According to Draper (2000), there is the need to put good laws in place to eliminated laws that vest power and happiness on one part while oppressing and causing the other part melancholy. Even so, the reader clearly identifies with the issue of torture from the onset and it is easy to recognize Beccaria’s stance against this capital punishment. It is also easy to identify how the work focuses on social contract. The book advocates for society and the entire criminal justice system to consult the human heart to ensure that the basis for any punishment towards crime is established. It emphasizes that if laws ignore this human principle there will be resistance that will eventually destroy the laws made (Draper, 2000). Here, one can identify the conflict between the power of the state and that of the individual. The author goes ahead to stress that it is not merely for the good of the society that humans give up their liberty. They only do so because it is really necessary. Each individual wishes not to be included in laws that govern the entire mankind. Throughout the book, the author emphasizes the need for a just government to govern the interest of individuals united as one society. He says that all punishments inflicted on individuals that violate the bond created by people in a society are unjust. Punishments that are not necessary are termed as tyrannical (Bessler, 2016). It is easy to identify the description of various players in the criminal justice system and the part they play. The author clearly describes the role of the law makers and the law executers. Most people do not understand that the magistrates only execute laws that they do not have a right to make. The authority to make laws solely lies with the legislators. The legislators acts as representatives of the whole society connected by a common social aspect. Magistrates are part of the society and cannot give to members of the same society punishments that are not in line with the laws. On the other hand, the legislator only has a right to make laws but not to determine if they were violated or if violators were punished accordingly. In penal laws, judges cannot interpret laws (Bessler, 2016). The book takes an educative role as it focuses on providing the reader with critical information on how any criminal jsutice system works. This part of the book helps the reader understand how part of the criminal justice system operates and is a commendable strategy by the author. Overall, Beccaria treats criminal punishment as a political theory, unlike other theorist who utilized religious and natural laws as the foundation of justice. According to Beccaria, punishment is purely a matter of political obligations and sovereign legitimacy. This perception was in contrast to the quientessential beliefs of punishment at the time which was purely based on moral and religiuos perspectives. The views espoused by Beccaria is an accurate representation of the current democratic republic principles adopted by most nations in the world today. On crime and punishment remains one of the first manuscripts to advocate for the use of punishment in crime deterrence. The author argued that pleasure and pain are the primary motivation for any human actions. Beccaria heavily draws on his compatriots Pietro Verri the primary goal of any action was to maximize on the society’s social welfare. These sentimental were overall seen as rebuttals to the aristocratic nature of laws during his time. Both Beccaria and Verri were viewed as anti-establishment who rebelled against the local elite and religious doctrines which were the strongest enforcers of inequality and subjection. By emphasizing on social welfare, these two thinkers of the eighteenth century aimed to create a more egalitarian and just society for anyone in society regardless of their social status. The book demonstrates that the right to punishment should be limited to only what is necessary to defend the well-being of the public. Punishment is deemed to be necessary if it restrains the passions of men. The book demonstrates that the right to punishment should be limited to only what is necessary to defend the well-being of the public. Punishment is deemed to be necessary if it restrains the passions of men. Any form of punishment that goes beyond what is deemed to be necessary is tyrannical in nature. The book further argues that punishment for crime should be directly related to the harm associated with the offense. Unlike retributions who argue that harm is measured by the intentions of the offender, the book shows that the harm of crime should be measured by the damage it causes to the nation. From work’s perspective, the right amount of punishment is derived from what is deemed necessary in preventing the occurrence of future acts of criminality. It is from this notion that the concepts of specific and general deterrence are derived from. For Beccaria, since one cannot undo a crime, it is counterproductive to look back into a crime. This is a clear departure from the ideals of retribution advocated by Kant and Hegel. In sum, the purpose of punishment in the book is to deter others from committing the same crimes and preventing the offender from committing the crime again. This understanding, therefore, puts a caveat on the powers of the state to meet out punishment to offenders. Overall, the books arguments are sound in that they emphasize on the good of society. Richard Bellamy surmises this argument by stating that any punishment goes beyond offering adequate retribution for the crime is both superfluous and tyrannical (Freilich, 2014). The limitation of punishment in the book “An Essay on Crime and Punishment” raises another concern on the proportionality of punishment. Proportionality ensures that there is a lasting correlation in the human mind about a crime and its ensuing punishments. These concepts infuse both utilitarian and retributive pedigrees to implement a fit between crime and punishment. For Beccaria, the level of civilization within a country or state can be determined by reviewing the proportionalities between the severity of a crime and the corresponding punishments. Beccaria proposes the adoption of a universal scale to approximate punishments. Overall, Beccaria’s theories on crime and punishment form the bulk of modern-day approaches to crime and crime prevention. The criminal justice system today has adopted the use of proportionality to ensure that the certainty of punishment takes precedence over the harshness of punishment. The abolition of capital punishment in most modern-day democracies is also a reflection of the acceptance of Beccaria’s criticism against the death penalty. That is, work strongly influences modern-day policy, and an advocacy programs is also a vindication of his views on the issue. Modern-day practices of punishing attempts less severely and reserving fines for minor misdemeanors have come to symbolize the values outlined by Beccaria’s in the Book On Crime and Prevention. The overarching theme in Beccaria’s works is that the criminal justice system should aim at developing syllogism in each criminal case. Beccaria’s legal formalism was premised on notions of universalism, equality, and respect—on deontological principles—but also utilitarian premises. Overall, the use critique and application of the ideas of the book, On Crime and Punishment constitute an outline of a history of criminal law theory or at least an important series of some of the major interventions in the field 

References 

Audegean, P. (2017). Cesare Beccaria’s On Crimes and Punishments: the meaning and genesis of a jurispolitical pamphlet.  History Of European Ideas ,  43 (8), 884-897. doi: 10.1080/01916599.2016.1256591 

Bessler, J. (2016). The economist and the enlightenment: how Cesare Beccaria changed Western civilization.  European Journal Of Law And Economics ,  46 (3), 275-302. doi: 10.1007/s10657-016-9546-z 

Dooley, B. (2018). Undisciplined: Tracing Criminology's Growing Divergence From Sociology.  Sociological Inquiry ,  89 (1), 94-122. doi: 10.1111/soin.12249 

Draper, A. (2000). Cesare Beccaria's influence on English discussions of punishment, 1764–1789.  History Of European Ideas ,  26 (3-4), 177-199. doi: 10.1016/s0191-6599(01)00017-1 

Ferrajoli, L. (2014). Two hundred and fifty years since the publication of On Crimes and Punishments: The currency of Cesare Beccaria’s thought.  Punishment & Society ,  16 (5), 501-519. doi: 10.1177/1462474514551524 

Freilich, J. (2014). Beccaria and Situational Crime Prevention.  Criminal Justice Review ,  40 (2), 131-150. doi: 10.1177/0734016814550815 

White, M. (2016). The neglected nuance of Beccaria’s theory of punishment.  European Journal Of Law And Economics ,  46 (3), 315-329. doi: 10.1007/s10657-016-9530-7