Criminal Justice

Research Paper # 11163

Criminology > Criminal Justice and Corrections
Philosophy > History - 18th Century

Criminal Justice

Examination of Cesare Beccaria's theory on criminal justice.

2,087 words () | 10 sources | APA | 2001 Canada

Paper Summary:

Cesare Beccaria was a philosopher from the classical school of criminology during the 18th and 19th centuries. This paper analyzes his theories and shows how Beccaria demanded reform in every aspect of criminal justice. The writer presents the focal point of Beccaria's argument which is that capital punishment must be abolished on the grounds that all punishment should be swift and serve the greatest amount of good for the greatest number of people.

From the Paper:

"Cesare Beccaria's contribution to the field of criminal justice is but one of his many accomplishments. In addition to criminal justice, Beccaria was well versed in theories of economics as well as politics and he incorporated all of these fields in his various publications. In his treatise On Crimes and Punishments, Beccaria (1764) speaks to a number of issues in the practice of criminal justice and recommends reform. In addition to his prolific writings, Beccaria was a teacher of public law and economy in the Palatine schools in Milan from 1768 to 1770 and after 1771 he held many public offices. Beccaria was a part of the classical school of criminology. This school covered a wide variety of issues and was made up of a group of philosophers on crime and punishment in the 18th and early 19th centuries. Cesare Beccaria was one of the school's most prominent members along with Jeremy Bentham. Both of these men shared the belief that criminal behaviour should be understood and controlled as an outcome of a certain human nature shared by all of us. They felt that human beings were ultimately hedonistic and always acted in terms which suited their own self interest; however at the same time they believed that humans were rational, and therefore acting in their own self interest could be manipulated to serve the good of the community. Based on this, a well ordered state would construct laws and punishments (based on deterrence) in such a way that people would understand peaceful and non-criminal actions to be in their self interest (Crime Theory, 2000). In 1764, when the then unknown Cesare Beccaria wrote his treatise On Crimes and Punishments, it would have been inconceivable for anyone to have believed that the world would still be using his ideas today in the 21st century to guide their criminal justice systems. The treatise has greatly impacted the Constitution of the United States, their Bill of Rights, and justice system. Many of the reforms that Beccaria called for have been incorporated into their system, and his influence stretches over arrest, prosecution and punishment. Beccaria never wrote anything else on criminal justice, which has left many unanswered questions, but the treaties has become the foundation upon which many criminology theories build and expand (Crime Theory, 2000)."