CRM/LAW C7 Chapter Notes - Chapter 1-2: Cesare Beccaria, Penology, Norbert Elias

• School: UC-Irvine
• Department: Criminology, Law and Society
• Course: CRM/LAW C7
• Professor: Ana Muniz

Document Summary

Criminal justice is about a system for the implementation of punishment. By: francis t. cullen and karen e. gilbert. Legislature, not the judge, should fix precise punishment for violations of the law. According to beccaria, penalties should be set ahead of time by legislature. They are governed by the principle of utility, seeking pleasure and avoiding pain. Punishment should be based on crime and not on the intention of the offender. The goal of punishment is to prevent crime first and exact retribution second. Pain/unhappiness of punishment should be just severe enough to outweigh the pleasure from the crime. Certainty and swiftness is more important than the severity of the punishment. The rights of the accused person should be protected from abuse. Innocent until proven guilty: neoclassical school introduced the concept of mitigated and partial responsibility for the youth, the insane, feeble minded, etc. The positivist school: cesare lambroso wrote the criminal man, which emphasized the notion of a.