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Classical theory
1) According to classical theorist see criminals as what
A: rational thinkers
What is the classical school of thought and its limiations.
The most important feautue of the classical school of thought is its emphasiss on the
individual criminal as a person capable have acting based on rational calculation. The
classical school stresses that invidiauls are free agents that act based on free will.
Because individuals are seen as rational classical school suggests that they are guided
by a pain and pleasure prininciple, meaning that they calcute the risks and rewards
assocaited with a particular act. According to this theory, criminials have rationalized
and calcuated that the crime which they commit is worth the potential risk or
consequence. In this case, classical school suggests that punishment, should then be
proportionate to the offense. That the punishment should fit the crime not the criminal
and be based on retributive reasoning. Classical school of thought is best known for
the theoriest Beccaria. Beccaria led several arguments about crime andpunishment.
His first argument is that, individuals have given up their liberty and esttanlished a
contratual society to escape wats and echos. 2) he argued that because criminal law
already places restritiction on indivial freedom, then the criminal law instelf should
be limited in some respect. 3) he argued that the prseumption of innocecne should be
the guiding principle in administrating justice. 4) he argued that the criminal law
should be written down and clearly define all offenses and punishments in advance.
5) punishement should be based on retributive reasoning because the criminal as
attacked another persons rights. 6)the severity of the punshiment should be limited to
what is actually necessary for crime prevention and detterance. 7)Crime and
punishment must correlate. 8) punishment should be administerted quickly and
certainly. Punshiment should not be administrated as an example to society or to
reform the offender. He was considered mainly with legal codes and penal reforms.
He believed the ideas such as justice and that all individuals should be treated fairly
and equally with respect to the law. So to recamp the classical school of criminology.
Its that people have free will to choose their actions and avenues. That people choose
to commit crime because that crime was attractive and deemed to have great benefits.
That crime can be controlled through fear of punishment. And that punsihement that
is percievced to be severe, certain, and swift will deter criminal behaviour. Although
arugments of the clasisical theory of some good points. It also has been critiqued for
its limiations. The limiations are that this theory has a presumption of free will.
Secondly, its prescribes equal punishment for the same offences making no distintion
between first offenders and repeat offenders. The new laws also do not provide
seperatte treatment of children. also it focuses only on the act and ignores the state of
mind of the offender. It ignored individual circumtances because it makes no
distintions between people in society, the idea of the criminal being a rational
calucator did not fully answer the question of what caused crime, assumes
punishment always leads to deterrence. Neo-classical arugest that certain offenders
are not actually capable of making rational decidson for instance children and the
mental. For this reason their should be differtion in how they are treated according to
the law and punishment. They suggest that because those minors and ill do not
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