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What are some of the problems with the criminal justice system according to Beccaria?
Transcribed Image Text:In On Crimes and Punisbments (1764), Caesare Beccaria (1738-1794), an Italian
economist and criminologist, condemned torture, commonly used to obtain con-
fessions in many European countries, as irrational and inhuman.
The true relarions berween sovereigns and their example of the most cold-blooded barbarity.
subjects, and between nations, have been dis-
covered. Commerce has been reanimated by cruel ignorance and to opulent indolence; the
the common knowledge of philosophical truths
diffused by the art of printing, and there has
sprung up among nations a tacit rivalry of in-
dustriousness that is most humane and truly prison, intensifed by that cruellest tormentor,
worthy of rational beings. Such good things of the miserable, uncertainty-all these ought
we owe to the productive enlightenment of to have roused that breed of magistrates who
this age. But very few persons have studied
and fought against the cruelty of punishments
and the irregularities of criminal procedures, for such crimes
a part of legislation that is as fundamental aS
it is widely neglected in almost all of Europe. for the security and good order of society? Are
Very few persons have undertaken to demolish
the accumulated errors of centuries by rising to
general principles, curbing, at least, with the the best way to prevent crimes Are the same
sole force that acknowledged truths possess, the punishments equally effective for all times?
unbounded course of ill-directed power which What influence have they on customary be-
has continually produced a long and authorized havior? These problems deserve to be analyzed
And yer the groans of the weak, sacrificed to
barbarous torments, multiplied with lavish and
useless severity, for crimes either not proved
or wholly imaginary; the fith and horrors of a
d direct the opinions of men.
Bur what are co be the proper punishments
Is the death penalty really areful and necessary
torrure and torments just, and do they attain
the end for which laws are instituted? What is
Cesare Beccaria, Oe Crin dPagrite Ist edition,
trans. H. Paolucci, pp. 8-10,30. 32-33 Copyrigbt
0 1963 Reprinted by permission of Pearon Educarion,
Upper Saddle River, New Jersey
with thar geometric precision which the misc
of sophisms, seductive eloquence, and cimorous
doubt cannot withstand. If I could boast only
of having been the first co present to Italy, with
a little more clarity, what other nations have
![boldly written and are beginning to practice, confess himself guilty when he believes that,
Iwould account myself fortunate. But if, by by so doing, he can put an end to his corment.
Hefending the rights of man and of unconquer- Every difference between guilt and innocence
able truth, I shbould help to save from the spsm disappears by virtue of the very means one pre-
and agonies of death some wretched victim of tends to be using to discover it. (Torture) is an
yranny or of no less fatal ignorance, the thanks infallible means indeed-for absolving robust
and tears of one innocent mortal in his crans- scoundrels and for condemnning innocent per-
ports of joy would console me for the contempt
of all mankind,
A cruelty consecrated by the practice of terion fit for a cannibal.
most nations is torture of the accused during
his trial, either to make him confess the crime guilty, the strong and courageous will be ac-
or to clear up contradictory scatements, or to quitred, the weak and cimid condemned, by
discover accomplices, or to purge him of in
famy in some metaphysical and incomprehen- 1, che judge, was supposed ro find you guilty
sible way, or, finally, co discover ocher crimes of such and such a crime; you, the strong, have
of which he might be guilty but of which he been able to resist the pain, and I therefore
sons who happen to be weak. Such are the fatal
defects of this so-called criterion of truth, a cri-
Of two men, equally innocent or equally
virtue of this rigorous rational argument:
absolve you, you, the weak, have yielded, and
is not accused.
No man can be called guilty before a judgeItherelore condemn you. 1 am aware that a
has sentenced him, nor can society depriveconfeion wrenched forth by torments ought
him of public protection before it has been to be of no weight wharsoever, bur lIl corment
decided chat he has in fact violated the con
ditions under which such procection was ac-
corded him. What right is it, then, if not
simply that of might, which empowers a
judge to inflict punishment on a citizen while cent person is placed in a condition worse than
doubt still remains as to his guilt or inno-
cence? Here is the dilemma, which is noth-
ing new the fact of the crime is either certain he confesses the crime and is condemned, or he
or uncertain, if certain, all chat is due is the is declared innocent and has suffered a punish-
punishment established by che laws, and tor-
cures are useless because the criminal's confes-
sion is useless; if uncercain, chen one must not
you' again t you don t confirm what you have
confessed"
A strange consequence that necessarily fol
lovs trom the use of torcure is that the inno
that of the guilty for if both are tortured, the
circumstances are all against the formet, Either
ment he did not deserve The guilty man, on
the contrary, bods himself in a favorable situ-
torture the innocent, for such, according ro tirmly resisted the torture, he is absolved as
the laws, is a man whose crimes are not-sct
ionocent. he will have escaped a greater pun-
ishment by cnduring a lesser one. Thus the
innocent cannot but lose, whereas the guilty
lof
proved.
The impression of pain may become so
great that, fhlling che entire sensory capacity
the tortured person, it leaves him free only to
choose whar for the moment is the shortest waynumerable examples of innocent persons who
of escape from pain. The response of the accused
thay ga
Ii would be superfuous to [cite]
rhe in-
bave confessed themselves criminals because of
కాంతpe
s chen as incevitable as the impressions ottre
the igoniesof torture, there is oo nacion, there
and watcr The sensitive rnnocent.man walltheniai-75 noaecthat does not have itS own to cite](https://content.bartleby.com/qna-images/question/989794fa-ee4b-4e8d-9b8d-e3c1d9131443/cb1ed8b9-989f-484c-a274-8fbba89625df/1advurd_processed.jpeg)
Transcribed Image Text:boldly written and are beginning to practice, confess himself guilty when he believes that,
Iwould account myself fortunate. But if, by by so doing, he can put an end to his corment.
Hefending the rights of man and of unconquer- Every difference between guilt and innocence
able truth, I shbould help to save from the spsm disappears by virtue of the very means one pre-
and agonies of death some wretched victim of tends to be using to discover it. (Torture) is an
yranny or of no less fatal ignorance, the thanks infallible means indeed-for absolving robust
and tears of one innocent mortal in his crans- scoundrels and for condemnning innocent per-
ports of joy would console me for the contempt
of all mankind,
A cruelty consecrated by the practice of terion fit for a cannibal.
most nations is torture of the accused during
his trial, either to make him confess the crime guilty, the strong and courageous will be ac-
or to clear up contradictory scatements, or to quitred, the weak and cimid condemned, by
discover accomplices, or to purge him of in
famy in some metaphysical and incomprehen- 1, che judge, was supposed ro find you guilty
sible way, or, finally, co discover ocher crimes of such and such a crime; you, the strong, have
of which he might be guilty but of which he been able to resist the pain, and I therefore
sons who happen to be weak. Such are the fatal
defects of this so-called criterion of truth, a cri-
Of two men, equally innocent or equally
virtue of this rigorous rational argument:
absolve you, you, the weak, have yielded, and
is not accused.
No man can be called guilty before a judgeItherelore condemn you. 1 am aware that a
has sentenced him, nor can society depriveconfeion wrenched forth by torments ought
him of public protection before it has been to be of no weight wharsoever, bur lIl corment
decided chat he has in fact violated the con
ditions under which such procection was ac-
corded him. What right is it, then, if not
simply that of might, which empowers a
judge to inflict punishment on a citizen while cent person is placed in a condition worse than
doubt still remains as to his guilt or inno-
cence? Here is the dilemma, which is noth-
ing new the fact of the crime is either certain he confesses the crime and is condemned, or he
or uncertain, if certain, all chat is due is the is declared innocent and has suffered a punish-
punishment established by che laws, and tor-
cures are useless because the criminal's confes-
sion is useless; if uncercain, chen one must not
you' again t you don t confirm what you have
confessed"
A strange consequence that necessarily fol
lovs trom the use of torcure is that the inno
that of the guilty for if both are tortured, the
circumstances are all against the formet, Either
ment he did not deserve The guilty man, on
the contrary, bods himself in a favorable situ-
torture the innocent, for such, according ro tirmly resisted the torture, he is absolved as
the laws, is a man whose crimes are not-sct
ionocent. he will have escaped a greater pun-
ishment by cnduring a lesser one. Thus the
innocent cannot but lose, whereas the guilty
lof
proved.
The impression of pain may become so
great that, fhlling che entire sensory capacity
the tortured person, it leaves him free only to
choose whar for the moment is the shortest waynumerable examples of innocent persons who
of escape from pain. The response of the accused
thay ga
Ii would be superfuous to [cite]
rhe in-
bave confessed themselves criminals because of
కాంతpe
s chen as incevitable as the impressions ottre
the igoniesof torture, there is oo nacion, there
and watcr The sensitive rnnocent.man walltheniai-75 noaecthat does not have itS own to cite
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