LEGALST 160 Chapter Notes - Chapter 0: Retributive Justice, Jeremy Bentham, Cesare Beccaria
Document Summary
An essay on crimes and punishments- cesare beccaria. Classic theory- people are rational and concerned with minimizing their pain and maximizing their pleasure. Pursuit of self-interest often leads to harming others. Individuals must give up some liberty to obtain peace and security . Judges have no right to interpret the penal laws in criminal cases. More immediate the punishment for a crime is inflicted, the more just and useful it will be. Crimes are more effectually prevented by the certainty of punishment than the severity. Chapter 1: of the principle of utility- jeremy bentham. Jones- 22 year old community college student who kills his abusive father and gets charged with second-degree murder. Green-23 year old who is repeatedly jailed due to father dying at 7 and his mom being too busy so he joined gangs; charged with second-degree burglary. Laws should achieve the greatest happiness and least pain for the greatest number.
