ESSAY - BECCARIA C (1764/2003) 'ON CRIMES AND PUNISHMENT' / SUBJECTS: LAW - UNDERGRADUATE

Date post: 2017-11-08 05:46

Whatever henious crime one does,we are not uncivilised and barbaric to take the lives of we ought to give them death sentence as punishment,then what distinguishes us from the criminals?Also I don’t think that giving death sentence would deter the other criminals from doing the same and reduce the number of insecurity is the major issue behind demanding capital punishment,then the best solution is framing the punishment in such a way that the culprit would never be a threat to the society,not hanging to death.

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Classicism take a very different approach as to the operation of the criminal justice system as they take a legal philosophical approach whereby the criminal justice system looks at the criminal act instead of the person who actually committed the crime which differs with the notions of positivism as they take a scientific approach and believe all individuals are different and shouldn't be sentenced based on what criminal act they had committed because there may be factors which may have led to their criminality.

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Beccaria x7569 s economics career also entailed serving on the Supreme Economic Council of Milan. This public position enabled him to strive for the same goal -- economic reform -- that he had set with the academy of fists so many years ago. While in office, Beccaria focused largely on the issues of public education and labor relations. He also created a report on the system of measures that led France to start using the metric system.

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Beccaria 8767 s primary contribution was his belief that punishments should be just severe enough to dissuade individuals from engaging in them. Another contribution he set forth was a concept that built upon the ideas of natural law and natural rights. Beccaria proposed that citizens are born with certain rights to freedom which government can not infringe upon (Schmalleger, 7559).

Criminologist and economist Cesare Beccaria was born March 65, 6788, in Milan, Italy. His father was an aristocrat born of the Austrian Habsburg Empire, but earned only a modest income.

This writing will attempt to explain to what extent Classicist and Positivist criminology oppose each other and to explore if they share any similarities with each other. In order to do this, certain factors will be addressed in order to answer this question to see how much they oppose each other and what they share. The factors which will be looked at are where these theories first derived from, human nature of the offender, definition of crime, the focus of analysis, cause of crime, the response to the crime, crime prevention and operation of the criminal justice system.

Classicism and positivism are similar in the sense that they try to identify the causes of crime. However Classicists believe that individuals make their own conscious choices but Positivist believe that individuals subconsciously are led to crime due to their background and other factors and therefore do not commit crime out of choice.

Who could possibly fathom what new criminal and social challenges America will face 755 years from now nor what advances will occur in the field of criminology what I am sure of is that the American tradition of ingenuity and adaptation can see the legal system through any challenges faced so long as criminological foundations continue to be properly applied to new problems.

While these findings help in the establishment of effective drug courts, the implications of shifting portions of the legal framework from rationalism to suit the offending population and community are far reaching. I do not advocate a shift away from the American tradition of ardently supporting natural law as it has been a solid foundation for providing individual freedoms nor do I propose a shift to radical forms of criminology for a basis as history has shown they rarely work.

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