Positivist and Classical Criminology free essay sample

In an attempt to compare and evaluate the two, a brief explanation is necessary, in order to understand exactly how they differ and combine on certain elements. The classical approach to criminal behaviour was the first to move away from the concept of classifying crime as a sin. It thus brought the shift from unfettered power to punish criminal behaviour on a spiritual level to a reason-based approach, with checks on authority. In contrast, the positivist approach adopts a statistical based approach, under which societal factors are assessed to determine which characteristics are more likely to cause crime. At once, one can see the fundamentally different bases upon which each theory is propped Whats classical criminology Classical criminology is an approach to the legal system that arose during the Enlightenment in the 1700s. Philosophers like Cesare Beccaria, John Locke, and Jeremy Bentham expanded upon social contract theory to explain why people commit crime and how societies could effectively combat crime. We will write a custom essay sample on Positivist and Classical Criminology or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The concepts continue to play a large role in the legal systems of many nations today, although the approach in the modern world tends to be a bit more flexible. It is important to understand the context in which classical criminology was developed. During the Enlightenment, Europe was changing radically, with many nations emerging from feudal monarchies and radically reforming their laws. Across Europe, the law was wildly inconsistent and applied even more inconsistently. Judges and other legal officials often lacked extensive training, and prescribed punishments totally out of proportion to some crimes while ignoring others. Many people recognized the need for a more uniform and effective justice system, and this approach was the result. According to the theorists, human beings are self-interested animals, but they are also extremely rational. While people will tend to do things that are in their own self interest, they also understand that some actions actually conflict with this, and many societies develop a social contract that dictates human behavior, with humans mutually agreeing to refrain from activities that hurt each other or society. People also have free will, which means that they can opt to violate the social contract. For example, someone might steal or murder to accomplish a self-interested goal. By having consistent punishments in place that are proportional to the crime and applied rapidly, classical criminologists argue, the legal system will create deterrents to crime. Rather than committing a crime with a degree of uncertainty about the punishment, people in a nation with a clear and concise legal system will be well aware of the consequences of violating the law and the social contract, and they may think twice before committing crime. One of the big problems with classical criminology is that it does not allow for extenuating circumstances. Someone who robs a business for profit is treated exactly the same as someone who robs a business in order to eat, and some people feel that this is inhumane. Others feel that the assumption of free will is also somewhat questionable, as people may be forced into making decisions as a result of their circumstances or socioeconomic class. Whats classical criminology What is the classical school of criminology and what are the main points of this theory. Cesare Beccaria was a key thinker of this theory and is also considered by some the founder of modern criminology. Classical school of criminology theory placed emphasis on human rationality and free will. Second off this theory unlike the others researched the prevention of crime not the criminals. Also, according to this theory, crime was the result of people choosing to do so with the possibility of the consequences be evident. The classical theory of Beccaria and others is what our constitution was based upon so as you can see, it has great significance to our society. Humans are believed to act in their own best interests. We have our own free will and we also have a rational side to us. This was the basis of the classical criminology theory. Being the case, this theory emphasized laws that would stress non criminal actions would be in the best interest of society. Punishment and deterrence was an important factor in this theory because the punishment had to reinforce deterrence so people could rationalize the self benefits of criminality from the consequences of criminality. Due to the fact that Beccaria believed that bad laws led to criminality, a lot of his emphasis was based on preventing crime and swift punishment when crime was committed. In his eyes punishment is justified only to defend the peace of society and that society would be motivated to abide by it. This meant that punishment was to treat the criminal, incapacitate them from repeating criminal acts and deter would be criminals. To incorporate these ideas Beccaria believed that punishment should be swift, certain, deterrence, proportional to the crime, clear and based on positive and negative reinforcement. Swift punishment is