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Soc 305 Lec 2 Classical Theory and Beccaria.docx

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Zachary Levinsky

Soc 305 Lec 2 Classical Theory and Beccaria  Criminology is consensus research around who the criminal is  A lot of research grants  In the text somehow we can make a justice system better than it is now. Make ppl be law abiding  Criminology is a science that can solve a particular problem. Some understanding that we know that criminals are bad no blurring of criminal to non criminal  Power differential of street level crime and non street level crime  Generally looking at street level crime from these theorists Beccaria comes from enlightenment ideals-do things rationally approach problems rationally Map out human behaviour Individual behaviour was a calculus We all have free will , making choices to do what we do Utilitarian-seek pleasure avoid pain We canticipate consequences and calculate outcomes, being rational, calculate the outcomes Generally good but we need motivation. Apply to criminal justice system Trial by reveal-witches-test guilt or nnocence. Church and their punishments Apply all these to the justice system It can answer the problem of crime. Crime control is attainable What is different of the criminal and non criminal to him???TEST Q? A: . There is a grey area for the crim and non criminal Beccaria: On crimes and punishment “Why punish? The end of punishment is no other than to prevent others from committing a like offence” Proportionality “ the degree of the punishment and the consequences of a crime ought to be so contrived as to have the greatest possible effect on others with the least possibility What are his thoughts on the death penalty and torture? On some level punishing someone it is a level of violence. You want it to be the system. P.58 truth resides in your capacity in to resist torture it has no place in the criminal justice system. No man has a right to kill another man. Not about warring against one another. Not necessary to deter other ppl with the death penalty Prevention through certainty of punishment. Nobility is not important. Doesn’t matter who you commit a crime against. Class of the individual should not matter-punishment are to be estimated not by the sensibility of the criminal but by the injury done to society Too severe punishment-beccaria is against it. A rational being knows there is punishment. Stealing bread I may get caught so I may do other crimes also In order for punishment not to be in every instance an act of violence of one against a private citizen must be –public, secret trials is national security, what does he think? Justification to have a secret trial. Prompt-how slow trials are in our justice system.Necessary suggests 3 levels of crime. Least possible given the circumstances, proportionate to the crime and dictated by laws Ideas of calculus Where do you see Classical Theory Today  Deterrence theory- of classical theory.  Schissel-determinations of culpability. Ex drinkingat a bar. Go to washrrom person take out a knife, you stab him with a broken bottle and you kill him. Self defence-degrees of culpability  Deterrence theory. Need tougher laws-making that rational calculation. By being punished they may not feel that pleasure of breaking the law. o Severity-how harsh? o Certainty-how likely will you be caught or punished? o Celerity-how quickly will you be processed through the justice sys
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