CRM 102 Lecture Notes - Lecture 2: Forensic Pathology, Misdemeanor, Habeas Corpus
11 Mar 2016
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Class 2 - classical theories and the criminal justice. Cesare beccaria (1738-1794): rational choice and free will. Crime is not based on demons or evil spirits. Exercise free will and seek to maximize pleasure = hedonism. Crime is based on calculated and rational thought processes and cost-benefit calculation. Modern state acts on behalf of people. Not body focussed: no corporeal punishment: torture and death. His theory of punishment flows from beccaria"s theories of crime. Rejection of arbitrary punishment of the feudal system. Death and torture as ineffective barbaric and inhumane. Law: social contract between state and people. Criminals: thinking, rational beings, seek pleasure and avoid pain. Deterrence: reduce rewards for committing crime and punishment should outweigh the benefits of crime. The panopticon is a type of institutional building designed by the english philosopher and social theorist jeremy bentham in the late 18th century.
