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Lecture 3

ANTHRO 169 Lecture Notes - Lecture 3: Cesare Beccaria, Due ProcessPremium


Department
Anthropology
Course Code
ANTHRO 169
Professor
Jeffrey Brantingham
Lecture
3

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1
ANTHRO. 169: WEEK 1 - FRIDAY LECTURE
Stand-your-ground Laws
- 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
thought.
Pre-Enlightenment Crime
- This notion asserts that crime has a ‘supernatural” origin.
- People during this period perceived crime very differently from the way it is perceived
now.
- 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 +
circumstantial evidence.
- Blood Sanctions: death was the only options for major offenses and mutilation for minor
crimes.
- Proof systems were incredibly brutal and often these confession against people were
false.
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
“founding fathers”.
- 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.
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