Criminology 1100 Assignment: Classical School of Criminology Analysis

This assignment delves into the Classical School of Criminology, exploring its foundational principles and the contributions of key figures like Cesare Beccaria and Jeremy Bentham. It examines how this school of thought, emphasizing free will, rational choice, and proportionate punishment, influenced the development of criminal justice systems. The paper specifically analyzes the consistency of the Canadian Criminal Code regarding offenses such as manslaughter, robbery, and breaking and entering with the Classical School's tenets. The analysis considers the impact of punishments like life imprisonment in relation to the theory's emphasis on deterrence and proportionality. The paper also touches upon the historical context of the Classical School's emergence, contrasting its approach with earlier, more punitive practices. The assignment concludes by assessing the enduring relevance of the Classical School in shaping contemporary criminal justice policies and practices in Canada and beyond. The assignment also uses resources from the Journal of Criminal Law and Criminology to strengthen the analysis.

Running Head: CRIMINOLOGY
Criminology
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CRIMINOLOGY
Classical School of Criminology
Introduction
The classical theory of criminology has its establishment in the periods between
eighteenth and nineteenth century where enlightenment and utilitarianism was the norm. The
most notable philosophers in this era were Cesare Beccaria and Jeremy Bentham. Most of
their work focused on penology and criminal justice and this was mainly supported by the
notion that “man is a calculating animal” and as such, he is bound to face or perpetrate
criminal behaviors. According to the principles of the Classical School, human beings are
free and have the ability to make their own decisions. Similarly, punishments can be used in
the society as a mechanism to deter crimes as long as the punishment is directly proportional
to the crime itself. In addition, the punishment has to be fit the crime and should be handled
expeditiously. In relation to the crimes such as manslaughter, breaking and entering with the
intention of committing an offense and robbery, the punishments mainly include life
imprisonment when the perpetrator is found guilty. As such, this conforms to forms of
punishments embedded in the classical Theory, supported by Beccaria and Bentham.
Therefore, this paper looks at the kind of punishment given to individuals who carry out
robberies, are charged with manslaughter and those that break and enter with the intention of
committing a crime, in relation to the Classical theory. Similarly, it is essential to also look
into the meaning of the classical theory, its use, and implication and how consistent it is with
events in the field of criminology.

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CRIMINOLOGY
Summary of the classical School
The 18th century was the period in which the Classical School of criminology was
developed. During this period, there was a lot of instances where cruel forms of punishments
were used. As a result, there was the emergence of classical thinking with some of the
common personalities being Voltaire and Montesquieu. As more people saw the need for a
better form of punishments, this school of thought gave birth to better approaches to handling
crime. The most important approach was having punishments that were equal to the kind of
crime committed. Similarly, legal regulations because of system predictability and
technology were needed so that discipline was instilled in the society by deterring the
participation of individuals in committing certain crimes.
Bentham and Beccaria are known for being the main contributors of this theory and
philosophy. When it comes to classical thinking, they are the godfathers. The most important
aspect of their fame relates to how they fought for the reduction of harsh penalties and
punishments that were used by judicial systems in the eighteenth century. It was evident that
inconsistent and primitive forms of punishments were used during this period with some of
them being tortured.
In the year 1764, Beccaria published the book “On Crimes and Punishments” that
mainly highlighted the need for reforms in the criminal justice system. The basis here was the
need to look into the harm faced by the society, and not the harm that a victim faces.
According to him, detecting crime was the biggest deterrent. In addition, he insisted on the
fact that punishment can be effective when it is effected in a swift and certain manner,
(Monachesi, 1955, 439). Similarly, shame, as well as acknowledgment of committing petty
crimes, could deter people from committing wrongful acts hence a happy society.

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CRIMINOLOGY
Bentham, on the other hand, was known for the “felicitation principle” which was
utilitarian in nature. According to him, anything done by an individual should aim at
providing the greatest happiness amongst members of the society. He also states how the
society was facing “punishment creep” as a result of many people committing crimes which
made them face death penalties. Being calculative in nature, humans (according to him) are
able to weigh options against a judgment that can be passed on him or her depending on the
type of crime. He continues to show how individuals compare the pain and the gain and if the
pain is more, he or she is deterred from committing the crime. As a result, it is this school of
thought that plays alongside equality between the crime and punishment allocated to it, (Geis,
1955, 159)
Application of the theory
The theory had a great impact in the criminology field. This aspect also set precedent
on certain actions and forms of punishments being experienced today. In the modern forms of
punishments, the use of torture, capital punishment, and corporal punishment have been done
away with. Both philosophers did not advocate for the death penalty although, in Bentham’s
case, he saw it convenient in murder cases. However, it is seen that these perspectives do not
apply in situations where life imprisonment is handed over to victims who commit murder,
robbery or break and enter into the property with the aim of causing harm or stealing. On the
other hand, the sentences go handy with the crimes committed and this is what Bentham and
Beccaria advocated for. The prison system was established in the eighteenth century and as a
result, this was adopted due to the increasing number of crimes and criminals. According to
the classical theory, the prison was a place where one’s behavior could be streamlined by
changing criminal behaviors and individualistic outlook.

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CRIMINOLOGY
It is quite evident that criminal activities and vices in the society were mainly deterred
using various means. The use of harsh penalties was mainly a form of deterring individuals
from committing a crime with the result being a happy society. With the presence of pain as
an element that was clearly brought out, classical philosophers were able to play a role in the
reduction of crime as well as streamlining the judicial systems that existed.
Conclusion
In a nutshell, the classical school of criminology acts as a base for the creation of
policies and laws that help in the deterrence o certain crimes such as robbery in Canada. A
case in point is the Criminal Code of Canada which stipulates life imprisonment as a measure
for those charged with manslaughter, robbery, and breaking and entering with intent. With
the purpose of finding out whether these criminal activities are in line with the Classical
School of criminology, it is without a doubt that elements embedded herein have passed the
test. In perspective, such forms of punishments aimed at preventing the omission or
commission of a crime, upgrading the judicial systems and also instilling happiness in the
society. Also, Cesare Beccaria and Jeremy Bentham were very instrumental in formulating
new perspectives and schools of thoughts that shaped the field of criminology. By setting
precedence, humanity is able to base on their precedence and pass judgment that befits the
kind of crime committed.

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References
Geis, G. (1955). Pioneers in Criminology VII--Jeremy Bentham (1748-1832). J. Crim. L.
Criminology & Police Sci., 46, 159.
Monachesi, E. (1955). Pioneers in Criminology IX--Cesare Beccaria (1738-1794). J. Crim. L.
Criminology & Police Sci., 46, 439.