CRM 1301 Lecture Notes - Lecture 5: Jeremy Bentham, Cesare Beccaria, Deterrence Theory
11 Dec 2017
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Document Summary
It is better to prevent crime: clear, understandable laws will decrease crime. Ignorance of the law & uncertainty about punishment will increase crime. Appeal of classicism: rests on its promise of crime control through the manipulation of law enforcement and punishment systems. Classical philosophy - other important ideas: utilitarianism, deterrence, due process. Cesare beccaria: 1738-1794, 26 year old author on crime and punishment, 1764 and 1767. Jeremy bentham: 1748-1832, graduated from oxford at age 12, author of principles of moral philosophy and theory of legislation. Ideas: greatest good for the greatest number (economic model, let the punishment fit the crime (proportionality, pleasure/pain principle - criminals calculate their gain and behave accordingly, panopticon - prison design based on economic model of discipline. Ideas continued: argued that the prevention of crime is the focus of criminal law, punishment exists solely to deter crime. Social contract: the social contract was a political philosophy to justify government.
