Classical school of criminology:-
Background of Classical Theory:-
Before eighteenth century the form punishment was very cruel and inhuman.
People used to punish the wrongdoers in harsh ways like, stoning till the death,
Cut the pieces of body parts, throw the people into hot boiled oil and these type of 200 types of inhuman punishment was present at that time.
Also, at that time if anyone does any criminal act they used to say it's not his fault or his intention to commit the crime actually their are certain supernatural or evil devil forces that compels him to commit the crime.
These type of harsh punishments and illogical explanation present at that time, and after that two theorists Jeremy Bentham and Cesare Beccaria worked on classical school of criminology to over come on these explanations.
Classical school of criminology
Introduction
Classical school of criminology was given in 18th century. This theory was the combined effort of “ Cesare Beccaria” and “ Jeremy Bentham” .
Classical school is strongest theory in criminology, it was first theory of criminology. Also the concept of criminal justice system came after this theory. The concept of “ free will” and hedonism was given by Jeremy Bentham, while Cesare Beccaria worked on “ punishment”.
In 1764 Cesare Beccaria written essay on “ essay on crime and punishment”.
Free will concept
Before classical school their was concept that crime is result of evil devil and supernatural forces and the wrongdoers were not responsible for their criminal acts because they justify that it's not our intention to commit these acts.
In classical school they refused the early explanations that their is no any concept of evil devil forces. If anyone any criminal act he is responsible for his acts and must be punished according to his act.
Hedonism
Every one has hedonistic calculus to calculate that how to get pleasure and avoid pain.
Cesare Beccaria said that everyone is born selfish. By they avoid pain and want pleasure.
For example : there are two work
1st ) 6 Hours work 500 salary.
Pain high pleasure less.
2nd ) 1 hour work 5000 salary .
Pain less pleasure high.
Now, the first is legal work where pain high and pleasure less .
While 2nd is only 1hour work and salary is 5000 but illegal work such as robbery decoiity murder etc.
That’s why Beccaria said that everyone is selfish. They want pleasure but they don’t know weather it’s legal or illegal.
Punishment
Cesare Beccaria give few types of punishment which are
Severe
Certain
Swift
Proportionate
Severe
A person who steal a 50 rupees cake from bakery, the owner of bakery came to police station for fir after investigation that person arrested now Beccaria said that police have to punish for 1 month , because next if the same person steal he recommends the punishment that if I’m stealing one cake or bred which cost 50 rupees if I caught I will punish for 1month that’s why I don’t want to steal.
Certain
In this type Beccaria said that equal punishment for all rather than deference of rich poor or black white.
Swift
In this type Beccaria said that quick punishment should be apply in justice system, Beccaria said that 1case maximum 7to 10 days rather then 7years if the justice system is quick then automatically crime reduces , because accused punish on the time.
Proportionate
In this point Beccaria said that punishment should be according to act of nature , if the person steal one cake of 50 rupees he should punish for 1month if the same person punish for 1 year for cake stealing this is injustice.
Punishment according the act.
Deathpenalty should be abolished
Beccaria said that death penalty should be abolished, if the person commit crime give him punishment according to act rather than give him death sentence.
Punishment should outweigh the pressure of crime.
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