PART A: Explain the general premise and major elements of classical criminology. PART B: Describe how you see Beccaria’s thoughts and classical criminology’s main assumptions reflected in our modern-day criminal legal system. 2. PART A: Explain the general premise and major elements of positivist criminology. PART B: How do deterministic (positivist) theories differ from classical theory? 3. PART A: Describe examples of how you see positivist explanations for crime reflected in today’s criminal legal system. PART B: What are some dangers or problems that might arise from taking a positivist approach to crime causation?

QUESTION

CRIMINOLOGY
NOTE: Your answers MUST be grounded in the readings for Week 1 (i.e., you should refer to key concepts, theories, etc). It should be clear that you have read and understood the material. When discussing or quoting a specific source, you should cite it. (You should of course use the assigned readings, but can also include relevant outside sources of your choosing.)
1. PART A: Explain the general premise and major elements of classical criminology.
PART B: Describe how you see Beccaria’s thoughts and classical criminology’s main assumptions reflected in our modern-day criminal legal system.
2. PART A: Explain the general premise and major elements of positivist criminology.
PART B: How do deterministic (positivist) theories differ from classical theory?
3. PART A: Describe examples of how you see positivist explanations for crime reflected in today’s criminal legal system.
PART B: What are some dangers or problems that might arise from taking a positivist approach to crime causation?

CRIMINAL JUSTICE
Answer any one of the following questions, and reply to a prompt from a fellow student who did not answer the same question as you:
1. Discuss the purpose of the criminal law and difficulties associated with the achievement of its purpose.
2. How is Criminal Law related to Criminal Justice?
3. How does the U.S. Constitution and general requirement of “notice” impact crime definition and the prescription of punishment?
4. Compare and contrast the legal philosophy of John Rawls with the Conflict and Consensus Theories of law-making.
5. Discuss three factors that make the application of criminal justice complex and inconsistent.

ANSWER

CRIMINOLOGY

1. PART A: Classical Criminology

Classical criminology is a school of thought in criminology that emerged during the Enlightenment period in the 18th century. It is associated with the works of Cesare Beccaria, who is considered one of its key proponents. The general premise of classical criminology is based on the idea that individuals have free will and make rational choices, including the decision to engage in criminal behavior. According to classical criminologists, crime is seen as a result of individuals weighing the potential benefits and costs of their actions.

The major elements of classical criminology can be summarized as follows:

Rationality: Classical criminology assumes that individuals are rational beings who carefully consider the potential consequences of their actions before deciding to commit a crime. They are believed to weigh the benefits and costs, including the pleasure of committing the crime versus the fear of punishment.

Hedonism: Classical criminology posits that individuals are driven by the pursuit of pleasure and the avoidance of pain. Criminal behavior is seen as a means to achieve immediate gratification or satisfaction.

Deterrence: Classical criminologists emphasize the importance of punishment as a deterrent to crime. They argue that punishment’s severity, certainty, and swiftness should be sufficient to outweigh the potential benefits of criminal behavior (Sampson & Laub, 2003).

Legal Equality: Classical criminology promotes the idea of equality before the law. It suggests that the law should apply to all individuals equally, regardless of their social status or wealth. This principle seeks to prevent arbitrary or discriminatory application of the law.

PART B: Beccaria’s Thoughts and Modern-Day Criminal Legal System

Beccaria’s thoughts and the assumptions of classical criminology can be seen reflected in various aspects of the modern-day criminal legal system. Here are a few examples:

 Due Process: Beccaria emphasized the importance of fair and just legal procedures. His ideas influenced the development of due process rights, such as the right to a fair trial, the presumption of innocence, and protection against cruel and unusual punishment. These principles are enshrined in the legal systems of many countries, including the United States, where they are protected by constitutional provisions.

Sentencing and Deterrence: Classical criminology’s focus on deterrence has shaped modern approaches to sentencing. The concept of deterrence underlies the use of punitive measures, such as imprisonment and fines, with the aim of discouraging potential offenders. Sentencing guidelines and policies often consider the severity of the crime and the potential for deterrence when determining the appropriate punishment.

Legal Equality: Beccaria’s call for equality before the law resonates in the principle of equal protection under the law. Modern legal systems strive to treat individuals equally regardless of their social status, race, ethnicity, or wealth. This principle is embedded in the idea of fairness and impartiality in the criminal justice process.

It is important to note that while classical criminology has influenced modern criminal justice systems, it is not the sole basis for contemporary theories and practices. Other perspectives, such as positivist criminology and critical criminology, have also shaped our understanding of crime and its causes.

2. PART A: Positivist Criminology

Positivist criminology emerged in the late 19th century as a reaction to the limitations of classical criminology. It seeks to explain criminal behavior through scientific methods, emphasizing the role of factors beyond individual free will. Unlike classical criminology, positivist criminology rejects the idea of rational choice and focuses on identifying biological, psychological, and social factors that contribute to criminal behavior.

The major elements of positivist criminology can be summarized as follows:

Determinism: Positivist criminology rejects the notion of free will and instead emphasizes determinism. It suggests that criminal behavior is determined by various factors, such as genetic predispositions, neurological abnormalities, personality traits, and social influences.

 Scientific Method: Positivist criminology adopts a scientific approach to the study of crime. It emphasizes the use of empirical data, statistical analysis, and experimentation to identify patterns and causal relationships.

 Individual Differences: Positivist criminologists acknowledge that individuals may have different biological, psychological, and social characteristics that influence their propensity to commit crimes. They focus on understanding these differences and their impact on criminal behavior.

PART B: Differences between Deterministic (Positivist) Theories and Classical Theory

Deterministic (positivist) theories differ from classical theory in several key ways:

Role of Free Will: Classical criminology emphasizes the role of free will and rational choice in criminal behavior. In contrast, determinism theories reject the idea of free will and argue that criminal behavior is influenced by factors beyond an individual’s control.

Focus on Causation: Positivist criminology seeks to identify the causes of criminal behavior by examining individual and environmental factors. It looks beyond the act of crime itself and delves into the underlying factors that contribute to criminal conduct. Classical criminology, on the other hand, is primarily concerned with punishment and deterrence.

Scientific Approach: Positivist criminology adopts a scientific approach, using empirical methods to study crime and test hypotheses (Controversies in Juvenile Justice and Delinquency, n.d.). Classical criminology relies more on philosophical arguments and moral reasoning.

Policy Implications: Classical criminology’s emphasis on deterrence and punishment leads to a focus on legal reforms and the justice system. In contrast, determinism theories call for interventions targeting the root causes of criminal behavior, such as rehabilitation programs and social policies aimed at reducing risk factors.

It is worth noting that these are broad generalizations, and within each school of thought, there are variations and different perspectives. Criminology as a field has evolved over time, incorporating elements from both classical and positivist theories, as well as other approaches, to provide a more comprehensive understanding of crime and its causes.

CRIMINAL JUSTICE

Factors that Make the Application of Criminal Justice Complex and Inconsistent

The application of criminal justice is a complex and multifaceted process that is influenced by various factors. Three factors that contribute to the complexity and inconsistency of the criminal justice system are:

 Legal Ambiguity and Interpretation: The interpretation of laws and legal principles can vary among judges, attorneys, and legal scholars. This can lead to inconsistent application of the law and differing outcomes in similar cases. Ambiguities in statutes and legal doctrines can also contribute to uncertainty and inconsistency.

Discretion and Bias: Criminal justice practitioners, such as police officers, prosecutors, and judges, have discretionary powers that allow them to make decisions at various stages of the criminal justice process (Hannah-Moffat et al., 2009). This discretion can be influenced by personal biases, stereotypes, and institutional pressures, leading to disparities in how cases are handled and individuals are treated within the system.

Resource Allocation and Capacity: The criminal justice system operates within resource constraints, including limited funding, personnel, and infrastructure. These limitations can result in backlogs, delays in case processing, and inadequate provision of services, impacting the consistency and effectiveness of the system. Disparities in resources across jurisdictions can also lead to variations in the quality of justice provided.

The complexity and inconsistency in the application of criminal justice highlight the need for ongoing evaluation, reform, and the promotion of transparency and accountability within the system. Efforts to standardize practices, reduce biases, provide adequate resources, and ensure access to legal representation can 

address some of these challenges and promote fairness and justice.

References

Controversies in Juvenile Justice and Delinquency. (n.d.). Google Books. https://books.google.com/books?hl=en&lr=&id=rXcxgPnhHCwC&oi=fnd&pg=PA27&dq=Deterministic+(positivist)+theories+differ+from+classical+theory+in+several+key+ways:&ots=qKHCnlvofV&sig=7RNoVYvshEY_mKNa8i5mYRpnu8s 

Hannah-Moffat, K., Maurutto, P., & Turnbull, S. (2009). Negotiated Risk: Actuarial Illusions and Discretion in Probation. Canadian Journal of Law and Society, 24(3), 391–409. https://doi.org/10.1017/s0829320100010097 

Sampson, R. J., & Laub, J. H. (2003). LIFE-COURSE DESISTERS? TRAJECTORIES OF CRIME AMONG DELINQUENT BOYS FOLLOWED TO AGE 70*. Criminology, 41(3), 555–592. https://doi.org/10.1111/j.1745-9125.2003.tb00997.x