Criminology: Classical and Modern Theories, Criminal Justice Act 2003

This essay provides an introduction to criminology, exploring the concept of crime and its evolution. It delves into classical criminology, examining its core tenets like rationality, hedonism, punishment, and human rights, and how these principles contribute to modern criminology and the criminal justice system. The essay contrasts classical and modern perspectives, highlighting the shift in focus towards understanding the causes of crime and the role of the Criminal Justice Act 2003. It discusses the act's implications on legal proceedings and the rights of individuals within the justice system, emphasizing the importance of evidence, fair trials, and the impact of punishment. The essay analyzes the evolution of punishment and human rights within the context of criminology and its influence on the criminal justice system.

TOPIC: INTRODUCTION
TO CRIMINOLOGY

Table of Contents
INTRODUCTION...........................................................................................................................3
CRIMINOLOGY.............................................................................................................................3
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Criminology refers to the study of crime which is mainly examined through the impact
which is faced by person regarding undertaking any criminal activity or the perception of person
who is affected from such crime (Institute of criminology, 2020). It also carries various laws
which are designed according to the nature of the crime and also secure the right of person in
case regarding facing any criminal activity. In this report, the discussion is undertaken regarding
the tenants of the classical criminology and how it contributes to the modern criminology and
helps in undertaking the criminal justice system.
CRIMINOLOGY
Concept of crime:
Crime refers to any such activity which is illegal and affects the right of the persons. In
ancient time, the judgement in context of any crime occurred is harsh and also the judges are not
trained and knowledges to provide accurate justice to persons. As crime is not the inbound
activity which is carried by any person. It is mainly occurred through facing the crucial situation
in society or facing any injustice regarding using such rights (DeKeseredy and Dragiewicz,
2018). If the defendant agree that the crime is committed by him, then punishment is to be
imposed is less. In case of crucial crime committed and the defendant not agrees the crime or
also make various misleading activities, then in such aspects harsh punishment is imposed under
the criminal Act, 1967. If any right of person are affected, and they are demanding justice from
the court, then the judgement is raised under the Criminal Justice act, 2003 which mainly provide
justice to person.
Classical criminology:
Classical criminology refer to work committed under 18th century of the legal rules
which is framed under the securing the person from committing any crime or affecting their
rights through any illegal activity (The Classical School of Criminology & Its Influence Today,
2020). The main aspects of undertaking this classical criminology is to undertake the system of
criminal justice in country and also judge the mind of the criminal person and determining their
attitude or behaviour in respect of attaining the particular task. The major concept of this theory
is that people had free will in respect of taking decision and also in the perspective of criminal,
the punishment are to be imposed in respect of nature of crime committed.

Thus, classical criminology is mainly based on free will of the person regarding judging
the matters as per their own thoughts or decisions (Hagan and Daigle, 2018). As the nature of
crime varies depends upon the situation and it also affected through the person views regarding
taking the crime. For. e.g. if any person commit any of the activity in good sense but the
interpretation of the person taken it to be negative, then it results to be the cause of crime
undertaken.
Modern criminology:
Laws are mainly changed due to changes in time. As the rules which are running from the
ancient time are to be amended due to changes in recent times. Thus, criminology refers to
studying about the crime and criminal and the reason behind committing such crime. In modern
times, the study is undertaken regarding examining the needs which arise to become a criminal
or the aspects of preventing such crime (Fijnaut, 2017). Thus, in modern times, the focus is to be
maintained regarding examining the physical attributes which results in predicting the crime and
the person who can be the criminal. The main concept of modern criminology is to examine the
mind of the person regarding committing any activity or also predict the changes which is
occurring through their physical attributes.
Criminal Justice act, 2003:
In this act, no person is convicted for any such offences if they are not presented before
the penal code for the crime committed. In this all the laws, offences and punishment re imposed
under the code and without taking guidance from such act, no punishment is imposed or no
crime is proved (LaFree and Freilich, 2016). The justice is provided to parties in respect of
nature of crime. As if any person commit any of the serious offences such as murder or rape or
infringement of any property, the punishment is imposed in respective of 30 year imprisonment
as it is mentioned under sec 3 of the criminal justice act.
The justice is mainly provided to person if they report their crime to the polices in written
form. After undertaking the complete investigation about the report filed in police station, the
further investigation report is submitted to the court and the trial proceeding is undertaken. As
various hearing are conducted in which both the parties are given reasonable opportunities of
presenting their views and thoughts in front of the judges (Clarke and Felson, 2017). After

verifying the views given by both the parties, then judgement are to be given on the bases of
carrying the penal code in mind.
Tenets of classical criminology
The main tenets of the classical criminology is resulting to firstly the Rationality. In this
people carry the free mind regarding committing the crime. This theory is mainly chosen in
respect of getting relief from pain which they are suffering from longer time and also they are
motivated to choose this type of behaviour. As crime is such things which some people adapt by
themselves or some are motivated to choose it in respect of reducing the barriers in achieving
objectives (Rothe and Kauzlarich, 2016). As the civil crime is mainly undertaken in this place
such as in case of stealing something of the person not had enough money to purchase the
products. Thus, in such case the rationality is examined regarding thinking to commit such crime
or not. In respect of examining the contribution which is made to the modern criminology is
relating to dealing in any illegal crime through the physical appearances of the persons. As
rationality refers to the free mind that person chooses to commit crime but in modern times, this
is the illegal activity and it carries to be the mens rea in which the guilty mind of the person is
indicated in respect of pertaining to particular task.
In terms of criminal offences, this mainly carries to be first stage which is enough to
prove the criminal offences. As this is also punishable under the criminal offences as it results in
affecting the right of the person through planning any illegal work. In such aspects, the justice is
provided in respect of providing compensation or short time duration punishment depending
upon the nature of the crime committed (Walklate, 2016). Through this manner, the justice is
provided to plaintiff in respect of facing any losses through the illegal offences.
The second tenets which is examined is relating to the Hedonism. In this the defendant
feel that if someone doing this activity on behalf of him in respect of reducing the pain. In this
the nature of both physical and mental crime are included regarding attaining such activity and
removing the pain in this life (Aliverti and Bosworth, 2017). In such aspects the behaviour of the
person are influenced through the pleasure and pain which they faced regarding fulfilling the
needs in better way. This is also considered to be one of the stage in respect of committing the
crime, as the person is need of something are working to achieve it at any ways.
In some ways, pleasure also work in different ways as in respect of using any other
person to attain the task in favour of them. This indicates to be the mind of the actus reus and

mens rea in which they feel pleasure to undertake such task or forcing other person to commit
such crime. In modern criminology, this is one of the types of crime which is punishable under
the criminal act as it affect the right of the person or dealing in any criminal activity. In modern
criminology, this results in giving raise to person regarding committing any illegal crime or
dealing in any illegal act which affects the right of the persons (Cooper, Cook and Bilby, 2018).
In respect of dealing in the matter relating to providing justice, it is undertaken through securing
the right of the person who are influenced to commit such crime or who is not willing to commit
such act but due to pleasure had to undertake such crime. As in the nature of the crime is
determined and also the reason behind committing such activity. In ancient time, the person are
convicted in jail if they infringed any right of the person or not working according to the set
direction which are mentioned under the laws (Murphy, 2019). Thus, they are punishable with
harsh punishment in respect of committing any such crime.
But as per the modern criminology, due to carrying various amendment under the
criminal act, the criminals are given chances to present the evidences before the court and after
verifying all the detail, then judgement is passes in respect of imposing the punishment under the
penal code (Cullen, Wright and Blevins, 2017). In these aspects, the justice is given to the person
whose right are affected in respect of engaging their interest in committing any illegal crime. The
criminal justice act, carries the power in respect of amending the laws, policies and procedure of
the polices regarding collecting the evidences against any crime occurred. The system work in
respect of identifying the reason behind initiating this activity regarding committing crime and if
that person admits such crime than minimum punishment is to be imposed. In respect of not
accepting the crime and also such crime affects the right of the person than, serious punishment
is to be imposed regarding providing justices to other persons (McGarry and Walklate, 2019).
The third tenets is relating to the punishment which is one of the major aspects adapted
by person in respect of not committing crime. In ancient times, the punishment are very crucial
and also lot of violences are incurred in the jail with the person even if they are suspected for any
criminal procedure (Earle, 2016). This is one of major fear which stops them to engaged in any
criminal activity and also help them in realizing their mistakes before committing any crime.
Through this manner, classical theory of criminology resulting in carrying the deterrent to crime.
As punishment are also amended due to changes in time and thus, the focus is to create
fear in society regarding imposing dangerous punishment on guilty persons. This is one of the

types of indication in the modern criminology which changes the behaviour of the person
regarding thinking the crucial situation before committing any illegal offences (Winlow and
Hall, 2017). The contribution which is made to the criminal justice act, is that if any person who
commit civil crime, the punishment is to be imposed very less and also they are given chances to
support the police regarding gathering evidences which proves the crime. As criminal are aware
about the punishment imposed depending upon the nature of crime committed and if they
commit such crime, then through classical criminology, it helps in taking the right decision under
the criminal justice act.
The fourth tenets is relating to the human rights as it is common that if any person is
convicted for any illegal activity, then they are tortured by the police and also the punishment is
to be imposed is harsh (Amatrudo, 2017). It results in affecting the right of the person as the
procedure of criminal trial proceeding are vary strict, and they also face mental and physical
torture in respect of speaking about the trust regarding committing crime.
Though this manner, the contribution which is made in respect of punishment to the
modern criminology is that nowadays person had more option to secure their rights regarding
protecting themselves from any obligation of illegal activity. The person can apply for the
anticipatory bail, before getting themselves arrested for any illegal activity (White, 2018). As
bail is one of the major option which occurs from the ancient time but in modern criminology the
laws are changes regarding providing bail to the criminals. As there is amendment in the laws
regarding not providing bail to any person against whom the crime is proved or who are
prosecuted for criminal offences.
Classical and modernist both reflected the nature of the crime and also the laws which are
imposed in respect of undertaking the crime. As crime are varies in two types, one the crime
which is committed by themselves and second the crime which is forcefully done by another
person and in both these aspects one thing is common, i.e. providing injury to the opposite
person (Davies, Francis and Greer, 2017). Modern criminology mainly reflected through the
physical attributes which is undertaken by person in respect of harming any other person through
judging him by his size, expression, thoughts, colour, caste, religion and many more. Thus, this
is another reason which motivates person to commit crime in respect of facing any cultural
issues. In classical criminology, it indicates that the major crime are to be focused on person who
varying with different culture. But in modern criminology, the rule stated that every person had

rights to live and move freely at any place. In such aspect, criminologist play the important role
in the criminal justice act, regarding teaching, researching and working to determine the various
laws which results in identifying the reason behind committing crime.
Thus, from the above discussion, the matter concludes that the no person is born as
criminal, it is situation or surrounding which motivates them to move in such direction. In such
aspect's, economy is one of the major issues which results in making the person criminal and also
forcing them to commit any crime which affects their right of living freely. The role of criminal
proceeding is also determined regarding taking crucial action if they convicted any person in
context of any criminal offences (Van Erp and Lord, 2020). Under the criminal justice act, 2003
they mainly imposed such laws and regulation which are mentioned under the penal code and
also the punishment are to be made according to the nature of crime (Criminal Justice Act 2003,
2020). Once the crime is proved in the court, the person is whipped for the set punishment which
is imposed in context of crime committed. Justice is the basic rights of the person if their rights
are affected through any of the illegal activity or also if police convicted him if they not
committed or deal in any such crime. In such case they carry the power regarding using the
anticipatory bail procedure to secure themselves from any criminal proceeding. But this bail is
not approved by the court in respect of person claimed for any serious offences.
CONCLUSION
From the above study, the report concludes the matters relating to the criminology which
indicates the nature of crime and also study about the behaviour of person forcing them to
commit such crime. It also carries various laws which are imposed upon them and also to secure
the rights of the person if they not commit any such crime. It also carries the study about the
tenets of the classical criminology such as Beccaria and Bentham and also its work which
influences the contemporary work relating to society and economy. It also results in undertaking
the modern criminology in which the major reason is examined regarding choosing the path of
crime. The criminal justice act is also learned in which the justice is given to parties whose rights
are affected through undertaking any criminal offences.

REFERENCES
Books and Journals
Aliverti, A. and Bosworth, M., 2017. Introduction: Criminal Justice Adjudication in an Age of
Migration. New Criminal Law Review: In International and Interdisciplinary
Journal. 20(1). pp.1-11.
Amatrudo, A. ed., 2017. Social Censure and Critical Criminology: After Sumner. Springer.
Clarke, R. V. and Felson, M., 2017. Introduction: Criminology, routine activity, and rational
choice. In Routine activity and rational choice. (pp. 1-14). Routledge.
Cooper, E., Cook, I. R. and Bilby, C., 2018. Sex work, sensory urbanism and visual criminology:
Exploring the role of the senses in shaping residential perceptions of brothels in
Blackpool. International Journal of Urban and Regional Research. 42(3). pp.373-389.
Cullen, F. T., Wright, J. P. and Blevins, K. R., 2017. Introduction: Taking stock of
criminological theory. In Taking Stock. (pp. 1-34). Routledge.
Davies, P., Francis, P. and Greer, C. eds., 2017. Victims, Crime and Society: An Introduction.
Sage.
DeKeseredy, W. S. and Dragiewicz, M., 2018. Introduction Critical criminology: Past, present,
and future. In Routledge handbook of critical criminology. (pp. 1-12). Routledge.
Earle, R., 2016. Convict criminology: Inside and out. Policy Press.
Fijnaut, C., 2017. Criminology and the Criminal Justice System. Cambridge: Intersentia.
Hagan, F. E. and Daigle, L. E., 2018. Introduction to criminology: Theories, methods, and
criminal behavior. Sage Publications.
LaFree, G. and Freilich, J. D. eds., 2016. The handbook of the criminology of terrorism. John
Wiley & Sons.
McGarry, R. and Walklate, S., 2019. A Criminology of War?. Policy Press.
Murphy, T., 2019. Criminology: A Contemporary Introduction. SAGE Publications Limited.
Rothe, D. and Kauzlarich, D., 2016. Crimes of the powerful: An introduction. Routledge.
Van Erp, J. and Lord, N., 2020. Is there a ‘European’corporate criminology? Introduction to the
Special Issue on European corporate crime.
Walklate, S., 2016. Criminology: the basics. Routledge.
White, R., 2018. Climate change criminology. Policy Press.
Winlow, S. and Hall, S., 2017. Criminology and consumerism.
Online
Criminal Justice Act 2003. 2020. Online. Available through:
<http://www.legislation.gov.uk/ukpga/2003/44/contents>.
Institute of criminology. 2020. Online. Available through: <https://www.crim.cam.ac.uk/>.
The Classical School of Criminology & Its Influence Today. 2020. Online. Available through:
<https://study.com/academy/lesson/the-classical-school-of-criminology-its-influence-
today.html>.