Compare Beccaria and Lombroso Essay

Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring

The way that we deal with criminals today is center and established based on how Cesare Beccaria defined and stated it. Who is Cesare Beccaria? Cesare Beccaria is an Italian scholar born in Milan, Lombardy, Italy on Saturday March 14, 1738. He died at the age of 56 in the same city on Friday, November 28, 1794. Cesare Beccaria was an Italian criminologist, a jurist, a philosopher, and a politician who is widely considered as the most talented jurist [3] and one of the greatest thinkers of the Age of Enlightenment. Recognized to be one of the fathers of classical criminal theory and modern penology, he is well remembered for his writings on “On Crimes and Punishments” written in 1764, which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical school of criminology by promoting criminal justice. (citation)

Cesare Lombroso was a significant contributor the subject of criminology. Some even make stipulations that he is the father of criminologist. His studies at the University of Pavia contributed greatly to his eventual role as a criminology thinker. His works attracted both positive and negative reception, and Wolfgang considers it a name most eulogized and attacked (Marvin. 1960, p.232). He is the flag bearer of biological positivism and was mainly influential in Europe and North America. His proposition was that there needs to e an understanding of the criminal. This was to be done before we criticize the crime itself. (1912, pg.15). His book Criminal Man was one of his renowned works. His work was greatly influenced by that of Charles Darwin as he was a supporter of the evolution theory as suggested by Newburn (Newburn 2007).

Cesare Beccaria is the “Father of Classical Criminology” and justified punishment on the principle of utility. Beccaria focused on reforming the Criminal Justice System and believed that punishment should be for the better good for society, as well as the individual, and deter others from committing crime and prevent criminals from recommitting crime. He believes effective punishment must certain, swift, and severe to get the desired effect on society and the offender (Robert, Cullen, and Ball 2015). He is also the author of his book Of Crime and Punishment, which discussed his philosophy on the purposes

The main summary of Cesare Beccaria’s ‘of crimes and punishment’ was best said in a statement by Beccaria himself which was ‘In order that any punishment should not be an act of violence committed by one person or many against a private citizen, it is essential that it should be public, prompt, necessary, the minimum possible under the given circumstances, proportionate to the crimes, and established by law. ' (Beccaria, C. 2003 pg. 24) Beccaria’s theory was that punishment should only be used to prevent an offender from reoffending and non-offenders from ever offending. This was done by looking at the severity of the punishment, that the punishment should match the crime and should not exceed severity than what is needed to achieve the deterrence of crime. Beccaria is extremely against the idea of torture being used and debates that it should never be used against someone who is still in the stage of being innocent until proven guilty; he is also opposed to the use of capital punishment unless used in extreme restricted situations.

Our current ideology on crime and justice dates back to thousands of years back. This paper will compare and contrast our system and sense of crime and justice with the society Malinowski describes in “The Law in Breach and the Restoration of Order”. In our modern era, it is acceptable to think Hammurabi code is ideal to pursue crime and justice or Cesare Beccaria’s approach towards the pursue of justice is best for the society. To each to its own when it comes to this based on their own values. But regardless of how extreme, or mild our societies thought can be to sought after justice for crimes, the ultimate purpose of all of it to teach a lesson to the individual who committed the crime and to others.

Biological Positivist School of Criminology Cesare Lombroso who is founder of theory stated that these individuals are born criminals, not made into criminals. Which, states these individuals have a biological imbalance which make them commit criminal acts. According to Donaldson he argues that “ The key of explanation of organizational structure does not lie in the consciousness of the organizational inhabitants”(Hickson7). Meaning that the person committing the crime is not completely aware of what they are doing underlying that there is always a reason for something that has been

Roger Hood (2008) cites the opinion of Cesare Beccaria in the book On Crime and Punishment published in 1764 that says: “Capital punishment was both inhumane and ineffective: an unacceptable weapon for a modern enlightened state to employ, and less effective than the cer­tainty of imprisonment. Capital punishment was counterproductive if the purpose of law was to impart a moral conception of the duties of citizens to each other”. Beccaria's critics towards the capital punishment concept is a convincing data for the researcher, because as the critics he stated as above, it may influence the researcher conclusion of determining whether the death penalty should be abolished or still be carried out.

Traditionally speaking, the classical school of criminologists would argue that if and when an individual breach the criminal law, the nature of their characters will then rightfully become associated with their criminal activities. Instead of maintain a separation between analyzing one’s role in the crime and inspecting his or hers demeanors in the ordinary life, they selectively discredited the possibility that a criminal’s motive is not necessary deeply rooted since birth, but rather, progressed gradually or triggered by unexpected incidents. (Pg.225) While the study of criminology is found on

Cesare Beccaria was an Italian scholar who is regarded as the founder of the classic school of criminology at the University of Pavia, and father of modern criminology. Beccarai’s dissertation “On Crimes and Punishment”(1764) became the basis for public policy for the death penalty abolitionism (Harcourt, 2013). Those principles include the following:

According to Martin et al., (1990) Lombroso’s theories were heavily influenced by behavioral theories inspired by social Darwinism and the concept crime as a mental defect (p. 40). Lombroso did not subscribe to Beccarian concept of free will as a determinant of human behaviors and he set his mind on developing a criminal profile or mental outlook typology. This comes into modern focus when one considered the concept of psychological profiling, heavily used by federal agencies such as the Federal Bureau of Investigation, and hosts of other disciplines subscribing to behavioral patterning influenced by positivism. Key concepts Lombroso left on criminology (while not necessarily by design) include atavism (the reversion to behaviors based on cognitive underdevelopment of man), strike the writer as under developed as according to Martin et al., (1990). Lombroso’s work seemingly places a heavy influence on predisposition to criminal behavior, overcome through education (Martin et al., 1990, p. 29). The writer asserts this interpretation of Lombroso’s work is preposterous and led to misclassification and injustice based on unsound theoretical analysis and dogma. Furthermore, it is the writer’s opinion, the interpretations based on Lombroso contributed to future

What is criminology? A simple question but difficult to answer. A question with multiple answers that are never quite the same as the one before. Some say it’s a mixture of different disciplines and differing objects of study with origins in numerous subjects changing from a very sociological approach to now a more scientific approach (Newburn, 2009). Others say it’s the product of two initially separate works; the governmental project, including empirically studying the administration of justice and working of police, and the Lombrosian project, the idea that crime can be understood by dividing into those that are criminals and “non- criminals” and the characteristics that each possess (Garland, 2002). This stemmed from Lombroso, who attempted to identify physical features of a person which he suggested made a person more likely to partake in “criminal behaviour”. There is no one way to define criminology it is too vast and expansive and as time goes on criminology changes, varying as an interdisciplinary approach. Not only this but criminology in itself is hard to define to one sole definition. For example, there are four sub-groups of criminology; penology, biocrimonology, feminist criminology and criminalistics. On top of this there are also schools of criminology; classical, positivist and Chicago. As a result it shows that criminology and its objectives are far from being able to be defined in a single explanation.

During this semester, I have learned a lot about criminology. I have learned the difference between criminal Justice and Criminology. Criminology is the scientific study of crime and criminal behavior (Hagan p.453). Criminal Justice on the other hand is the system of law enforcement, involving police, lawyers, courts, and corrections, used for all stages of criminal proceedings and punishment ("Criminal justice | Define Criminal justice at Dictionary.com"). It is also seen as the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Criminology has furthermore taught me about the

Cesare Beccaria was an Italian scholar born in Milan, Italy in 1738 where he graduated in law at the University of Pavia in 1758 (Monachesi 1956, p. 440). His major contribution led to a revolution in thinking by introducing the idea of proportionality between crime and punishment. To make punishment more legitimate, he argued that the punishment given to the criminal should match the crime to deter criminals rather than using punishment that sought revenge (McLaughlin & Muncie 2013, p. 6). Proportionate punishment meant that the punishment should fit the crime and could be explained in a logical and ethical manner.

Cesare Lombroso, a criminologist and Italian physicians, he was one of the forerunners of modern criminology in that he may be born predisposed to be a criminal for biological causes. His legacy is still present, although his studies and publications caused and continue to cause considerable controversy. This Italian, who during his career published twenty-five books that combine biological science with criminology, was one of the most important exponents of criminological positivism. It is a current that, instead of exposing sanctions for a certain act, is done for a delinquent studying its characteristics, crime and manner of committing it in order to then seek a legal punishment that adjusts to each case. Lombroso believed that human evolution and the