BY: DWAYNE
This weeks
post is going to be about a specific classical theory “Crime in relation to
Punishment.” In this a theory Criminologist, Cesare Beccaria, argued that
punishment should be proportionate to the crime. Beccaria primarily interested
in reforming the cruel, unnecessary, and unpredictable nature of punishment,
feelings that it made little sense to punish lawbreakers with unjust laws.
Beccaria
proposed the following principles:
- Laws should be made by legislatures, and they should be specific.
- The role of judges is only to determine guilt and to follow strictly to the letter of the law in determining punishment. Judges should not interpret the laws.
- The seriousness of crime should be determined by the harm it inflicts on society and be based on the pleasure/pain principle.
- Punishment should be based on the seriousness of the crime
- Punishment should not exceed that which is necessary for deterrence
- Punishment should be sure, swift, and certain
- All should be treated equally before the law
This is the
ideal criminal justice system in my eyes, but sadly these guidelines aren’t
always followed. I feel like Punishments from criminal acts in our society our
often based on race, Gender and social class. That’s my opinion on this topic
please feel free to comment and share how you feel.
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