ANTHRO 169 Lecture Notes - Lecture 3: Cesare Beccaria, Due ProcessPremium
Course CodeANTHRO 169
This preview shows half of the first page. to view the full 3 pages of the document.
ANTHRO. 169: WEEK 1 - FRIDAY LECTURE
- Crime that happen in a car: stand your ground within one’s property.
- Castle: this refers to our home, which means we can defend ourselves against deadly
forces of necessary.
○In CA: a person can defend themselves in any given situation; may for the sake of
safety. Why is this controversial?
- “It is controversial because it generates biases in the jurisdiction of race”
(Brantingham, lecture 3).
- Bias when the person making the killing is black, thus it not
unequally applied on different races.
Relationship between Law and Crime
↳ The American legal system has been built on the notion of the classical school of
- This notion asserts that crime has a ‘supernatural” origin.
- People during this period perceived crime very differently from the way it is perceived
- The pre-enlightenment crime was considered to be enacted by demon possession or
witchcraft, the “divine” nature of society.
Proof System and Blood Sanctions
- Proof systems: two eye witness or one eye witness + confession, or confession +
- Blood Sanctions: death was the only options for major offenses and mutilation for minor
- Proof systems were incredibly brutal and often these confession against people were
The Classical School (looking back at the ancient world for principals)
↳ According to Cesare Beccaria 1738-1784…
- On Crimes and Punishment 1764: this book influenced major leaders, such as the
- He was just deliberately trying to protect himself and understood the controversies that
would arise through the punishment of the book.
- He argued that crime was enacted due to the rationality and ineffectiveness of the law.
- Targets of judicial reform (these laws characterized the Medieval period)
- unwritten laws.
- Secret trials: no actual evidence was necessary for these secret trials, which means that
anyone could have been punished even if they did not commit a crime.
- Punishments were gruesome.
You're Reading a Preview
Unlock to view full version