Classical Theory of Crime - Essay Example

The theory uses this notion to assert that criminal acts with painful results are avoided and those with pleasurable results attract criminals. This is the idea that the theory uses to explain how society punishes and deters crime. Cesare Beccaria (1738 - 1794)He is considered the founder of the classical school of criminologyAccording to him, crime punishment should be: Certain, swift and sureNot exceed the levels necessary to deterBeccaria is credited with campaigning against the use of torture to obtain confessionsMost Western legal principles are based on Beccaria’s ideas on crime (Vito & Maahs, 2012)Jeremy Bentham (1748 - 1832)Incorporated the idea of utilitarian punishment into classical theoryThe idea advocated for punishment that results in the good of many and less evilHe was instrumental in the invention of Panopticon circular prison with a tower that helps observe cells (Einstadter & Henry, 2006)Assumptions of the Classical Theory Many assumptions underpin the perception of crime using this theory.

Human beings act based on free will and rational choice Human behavior is largely determined by consideration of the pain and pleasure involvedPunishment is evil but it helps discourage and deter crime The principles of right and wrong are inherently embedded in human rights and cannot be denied (Samaha, 2006)The society bears the function of benefitting individuals collectively and not in isolationCrime sabotages the bond that holds people together in a society and is therefore immoral (Gottfredson & Hirschi, 2004)Critiques of Classical TheoryThe theory is unjust in its advocacy for equality of punishment regardless of the criminalIt treats the mentally ill and minors same with other criminalsIt is not fair for first-time offenders to receive the same treatment as repeat offendersThe theory disregards circumstances unique to individual offendersThe classical theory does not grant judicial discretionIt is difficult to measure pleasure and pain and as such, the theory is not empiricalThe theory disregards the environmental and psychological circumstances that help mitigate crimeIt is more concerned with causation than with policies (Bohm, 2010)