CRM/LAW C7 Chapter Notes - Chapter Ch. 1 (pp. 5-13): Scientific Method, Deinstitutionalisation, Cesare Lombroso
7 Jan 2016
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Document Summary
Ideologies are unprovable sets of assumptions about the proper state of things: unexamined presumptions which shape an individual"s stance on given issues, often highly emotionally charged. Represented by cesare beccaria and jeremy bentham. Movement to bring about reform of criminal justice systems of 18th century europe: legal/judicial institutions characterized by abuses. Trial by torture, secret accusations, presumptions of guilt before trial, arbitrary court procedures. Barbarous: death by burning, by the gibbet, by breaking on the wheel; punishment by branding or amputation. Influenced by social contract theorists of enlightenment: montesquieu, rousseau, hobbes, beccaria: humans freely and willing give up part of their liberty to the state in order to gain the security and liberty of an organized society. Laws exist to maintain society; when laws are broken and state/citizens are thereby endangered, punishment is necessary and justified. If not necessary for welfare of the state/citizens, then is unjust restriction on individual liberty.
