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Cesare Beccaria Presentation
Transcript of Cesare Beccaria Presentation
Freewill: the creation of personal choices.
Rational manner: all individuals rationally look out for their own personal satisfaction.
Manipulability: universally shared human motive which makes human action predictable and controllable.
Laws and a criminal justice system are needed to ensure that all individuals in society obey the social contract.
He felt that the criminal laws and punishments of the time were in need of major reform.
Beccaria stated, "many of the present laws were just a mere tool of the passions of some, or have arisen from an accidental and temporary need" ( Beccaria, pg. 8).
Laws should be created out of rational thought, not out of passion. (Greater good for the greater number)
With the creation of criminal laws and a criminal justice system, a rational form of punishment must also be created.
The job of the criminal justice system is to deter all deviant acts that an individual with freewill and rational thought might do in the pursuit of personal pleasure. Beccaria's theory In his treatise, Beccaria depicts one of the first critiques of the use of capital punishment. Controversies Its effect on society QUESTIONS? Cesare Beccaria was born on March 15, 1738 into an Aristocratic family in Milan Italy.
He received a Jesuit education, and achieved his degree in 1758
During his mid twenties, Cesare became friends with Pietro and Alessandro Verri.
Together they formed a society known as the "academy of fists" which dedicated themselves to waging relentless war against economic disorder, bureaucratic petty tyranny, religious narrowed mindedness, intellectual pedantry, and the reformation of the criminal justice system.
Through the academy of fists, Beccaria was given the opportunity to be acquainted with French and British political philosophers, such as Hobbes, Helvetius,Montesquieu,Hume, and Diderot.
Beccaria started to read the enlightened authors of France and England
Was assigned essays to write upon.
Most notable essay: "On Crimes and Punishment"
His treatise, "On Crimes and Punishments" aimed at creating a foundation for which the new enlightened criminal justice system would be based. Contributions Cesare Beccaria was one of the greatest minds during the 18th Century Enlightenment.
His writings on criminology and economics were well ahead of their time.
In 1764 Beccaria published his treatise of penalogy anonymously "On Crimes and Punishment" which set the tone for criminal theory for the future. On Crimes and Punishment (1738-1794) Only Legislators can set laws and punishments.
Judges cannot interpret the laws therefore making them follow the law set by the legislators.
Laws must be clear and known to the public.
"when the number of those who can understand the sacred code of laws and hold it in their hands increases, the frequency of crimes will be found to decrease, for undoubtedly ignorance and uncertainly of punishments add much to the eloquence of the passions" ( Beccaria 17).
Seriousness of a crime relies on the amount of harm it imposes upon society.
Punishment should also be clear and certain.
"the certainty of a punishment, even if moderate, will always make a stronger impression than the fear of another which is more terrible but combined with the hope of impunity; even the least evils, when they are certain, always terrify men's minds" (Beccaria 58) Punishment allows for the deterrence of others to commit a crime, and to prevent the criminal from repeating his crime.
Laws should be published.
No torture to receive a confession.
Punishment should be swift. According to Hume and Hartley's theory of the association of ideas if we know the rules by which the mind connects together two different ideas, in this case crime and punishment, then we can strengthen their association.
Laws against suicide are ineffective.
Crimes against property should be punished by fines.
Individual should be punished for attempting to commit a crime.
Accomplices working together on a crime should be equally punished.
Capital punishment is ineffective measure to reduce crime thus, making a long term imprisonment a more powerful deterrent. According to the social contract people hold onto their right to life no matter the crime.
Beccaria believed that the death penalty reduced society's sensitivity to human suffering.
Imprisonment is an alternative punishment to capital punishment for the worst crimes.
To an effect, Beccaria’s book caused immediate controversy in Italy.
Roman Catholic church condemned "On crimes and punishment" and placed it on the index of forbidden books where it remained for 200 years. The treatise was praised by Katherine the Great, Maria Theresa of Austria-Hungry, Voltaire, Thomas Jefferson and John Adams.
Had a lasting impact on the American Constitution, the Bill of Rights and our current criminal justice system.
Our founding fathers were greatly influenced by Beccaria's "On crimes and punishment"
The majority of the rights that Beccaria advocated became the foundation of the United States.
Our rights which were influenced by Beccaria's treatise on the criminal justice system: rules against vagueness, right to be judged by peers, right to public trial, right to dismiss certain jurors, right to speedy trial, right to examine witnesses, right against unusual punishments, tortured confessions are considered invalid, the right to bear arms, and the right to be informed of accused acts.
Influenced the current criminological theory of Rational Choice: freewill, individuals make rational choice to commit crimes, people use the pleasure or pain to make rational choices, people will choose choices that increase their pleasure, the government has the right and duty to preserve the common good and the society, swift, severe and certain punishment will give the government control over the peoples’ choices ad behavior, deterrence and the use of incarceration and punishment to prevent crime. PREGUNTAS? DES QUESTIONS? QUAESTIONES? PERGUNTAS? FRAGEN? VRAGEN? BY: Jeremy Martinez p6