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II' THE CLASSICAL SCHOOL of CRIMINAL JUSTICE

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2. definition: a positive OR negative act or. omission ... The Leviathan. 1) humans are inherently afraid. of each other. 2) creation of a society based ... – PowerPoint PPT presentation

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Title: II' THE CLASSICAL SCHOOL of CRIMINAL JUSTICE


1
II. THE CLASSICAL SCHOOL of
CRIMINAL JUSTICE
2
A. Introduction
  • 1. is crime universal?
  • a. is there anyone not touched by
    crime?
  • b. Is a crime always a crime?
  • 2. definition a positive OR negative
    act or
  • omission
    prohibited by law, and in
  • violation of
    the penal code
  • 3. crime is that which arouses our
  • indignation (Pound, 1930)
  • 4. what is the most appropriate way to
  • understand crime?

3
B. A Historical Perspective
  • 1. crime is created and established by
  • those who make the Law
  • 2. rise of the city-state
  • gt Rome / Athens crime by
    proclamation
  • 3. church-based definitions (the Middle
    Ages)
  • a) demonic possession
  • b) dramatization of evil
  • 4. rise of republicanism in the last
    (20th) century
  • a) Holocaust
  • b) genocide across the globe

4
  • 5. practical example
  • gt MURDER
  • 1) (def) the UNLAWFUL killing of
    a
  • human being by
    another
  • with malice
    aforethought
  • either expressed or
    implied
  • 2) Qs Is the killing of another
    moral or immoral?
  • 6. does morality (or ethics) have anything
    to do with
  • crime commission or creation?
  • 7. is harm relevant?
  • gt mala in se v mala prohibitum

5
  • 10. A Crime Solution Model
  • Criminological
    Criminal Justice
  • Questions Questions

CRIME
Why Who Where What
Who Why Where When How Now what
6
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7
Genesis of the Classical School
  • 1. Crime thinking and and Modern Legal
    Definitions
  • gt 1600s through 1700s
  • 1) emergence of state rule over
    the church
  • gt with vestiges of mans
    (peoples) Fall from
  • Grace
  • 2) recognition that prevailing
    justice systems were
  • cruel, capricious, and
    arbitrary
  • 3) fair / just systems of
    prosecution / punishment
  • should be responsible
    societal goals
  • 4) first
    intellectual consideration of the criminal
  • 5) underlying premise
    offenders have the ability to
  • reason and make rational
    decisions

8
  • 6) crime control requires clear
  • definitions /
    explanations of
  • offenses, minimal
    judicial
  • discretion, and quick /
    certain
  • punishments
  • 7) crime cannot exist without
    law,
  • and law must be based
    on the
  • recognition of injury
    / harm to
  • the individual and
    society
  • 2. contributors
  • a. Thomas Hobbes (1588-1679)
  • The Leviathan
  • 1) humans are inherently
    afraid
  • of each other
  • 2) creation of a society
    based

9
  • b. Jean Jacques Rousseau
  • (1712-1778)
  • 1) society is corrupt and
  • brings out the inherent
  • evil in people
  • 2) social institutions,
    such as
  • governments, are
    necessary to
  • control human
    emotion, sexual political,
  • and egotistic drive
  • 3) social contracts are
    constructed to
  • create laws that
    protect and control
  • citizens and
    demonstrate the will of
  • the people

10
  • c. Jeremy Bentham
  • (1748-1832)
  • 1) utilitarianism
  • 2) pleasure-pain principle
  • 3) the panopticon

11
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12
  • d. Cesare Beccaria (1738-1794)
  • 1) On Crimes and
    Punishment
  • (1809)
  • 2) crime as law must
    reflect
  • the will of the State
  • 3) crime must be based on
    categories of harm
  • a) most serious
    crimes against the state
  • b) most prevalent
    crimes that injure /
  • affect the of
    and / or the property of
  • individuals
  • c) most recognized
    crimes that affect the
  • \ public peace

13
  • 3. contributions of Classical School
  • philosophy to contemporary
  • U.S. criminal justice
  • a. stare decisis let the
    decision
  • stand
  • 1) an act cannot be held
    criminal unless it has
  • previously previously
    be adjudicated illegal
  • 2) case law precedence
  • b. res judicata a thing has
    been decided
  • gt double jeopardy
    provision
  • c. no decision should be based
    on a cruel and
  • unusual punishment

14
  • f. philosophy of the presumption
  • of innocence
  • g. advocacy of incarceration as
  • punishment
  • h. harshness of life imprisonment
  • i. fatuousness of capital
    punishment
  • 4. enduring scientific legacy
  • a. debate between voluntarism
    (free-will) vs
  • determinism
    (pre-destination)
  • b. Deterrence Theory (Zimring and
    Hawkins,
  • 1973)
  • 1) based on Benthamian
    utilitarianism /

15
  • 2) types
  • a individual /
    specific
  • b general
  • c. Rational Choice Theory
  • Derek Cornish (Cornish and Clarke, 1985)
  • 1) crime lifes
    experiences, individual
  • morality,
    self- esteem / concept,
  • wants /
    desires, levels of

  • gratification
  • 2) decision to commit
    precedes decision on
  • what to commit
  • 3) different crimes based on
    different decisions
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