1.1 Classical criminology

Classical criminology emerged during the Enlightenment as a response to harsh criminal justice practices. It sought to establish a rational approach to crime and punishment, emphasizing free will, deterrence, and proportional punishments.

Key thinkers like Beccaria and Bentham developed core principles that continue to influence modern criminal justice systems. These include the concept of rational choice, deterrence theory, and the importance of clear laws and due process.

Origins of classical criminology

• Emerged during the Age of Enlightenment as a response to harsh and arbitrary criminal justice practices
• Sought to establish a more rational and humane approach to crime and punishment
• Influenced by broader philosophical movements emphasizing reason, individual rights, and social reform

Enlightenment era influences

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• Scientific revolution promoted empirical observation and logical reasoning in understanding human behavior
• Social contract theory posited that individuals willingly surrender some freedoms for societal protection (Rousseau, Locke)
• Secularization of thought challenged traditional religious explanations for crime and morality
• Emphasis on human rights and individual dignity sparked criticism of cruel punishments

Key philosophers and thinkers

• Cesare Beccaria pioneered systematic critique of criminal justice system in "On Crimes and Punishments"
• Jeremy Bentham developed utilitarian philosophy applied to criminal law and penal reform
• Voltaire advocated for judicial reform and abolition of torture in criminal proceedings
• Montesquieu proposed separation of powers to prevent abuse in criminal justice system
• John Howard conducted extensive research on prison conditions, inspiring penal reform movement

Core principles

• Focused on creating a fair and effective criminal justice system based on reason and human rights
• Aimed to prevent crime through deterrence rather than solely punish offenders
• Emphasized the importance of codified laws and proportional punishments

Free will and rational choice

• Assumes individuals possess free will and can make rational decisions about their actions
• Criminal behavior viewed as a conscious choice made by weighing potential benefits against risks
• Rejects deterministic explanations of crime based on factors outside individual control
• Implies that people can be deterred from crime through appropriate legal sanctions
• Contrasts with later positivist theories emphasizing biological or social determinism

Hedonistic calculus

• Concept developed by Jeremy Bentham to explain human decision-making process
• Assumes individuals seek to maximize pleasure and minimize pain in their choices
• Applied to criminal behavior as a cost-benefit analysis of potential gains vs. punishments
• Formula: $Pleasure - Pain = Net [Hedonistic Calculus](https://www.fiveableKeyTerm:Hedonistic_Calculus)$
• Suggests that increasing the perceived costs of crime can deter potential offenders
• Influenced development of rational choice theories in modern criminology

Deterrence theory

• Proposes that threat of punishment can prevent individuals from committing crimes
• Based on assumption that potential offenders are rational actors who consider consequences
• Three key elements: certainty, severity, and celerity (swiftness) of punishment
• General deterrence aims to prevent crime in broader population through example
• Specific deterrence targets individual offenders to prevent recidivism
• Influenced development of various crime prevention strategies and sentencing policies

Classical school vs positivist school

• Represents fundamental divide in criminological theory between free will and determinism
• Classical school emerged earlier, while positivist school developed in late 19th century
• Continues to influence debates in modern criminology and criminal justice policy

Assumptions about human nature

• Classical school views humans as rational beings with free will to make choices
  • Emphasizes individual responsibility for criminal actions
  • Assumes people can be deterred through appropriate incentives and punishments
• Positivist school sees human behavior as determined by biological, psychological, or social factors
  • Focuses on identifying causes of criminal behavior beyond individual control
  • Assumes offenders may not always have full agency in their actions

Approach to criminal behavior

• Classical approach emphasizes legal definitions and responses to crime
  • Focuses on creating effective legal system to deter and punish criminal acts
  • Advocates for clear laws, proportional punishments, and due process
• Positivist approach seeks to understand underlying causes of criminal behavior
  • Employs scientific methods to study biological, psychological, and social factors
  • Advocates for individualized treatment and rehabilitation of offenders
• Classical approach influences retributive justice models
• Positivist approach informs rehabilitative and therapeutic justice models

Cesare Beccaria's contributions

• Italian philosopher and economist considered founding father of classical criminology
• Wrote influential treatise "On Crimes and Punishments" (1764) critiquing existing criminal justice practices
• Advocated for rational and humane approach to crime and punishment based on social contract theory

On Crimes and Punishments

• Argued against arbitrary and cruel punishments common in 18th century Europe
• Proposed principle of legality: no crime or punishment without pre-existing law
• Advocated for separation of powers in criminal justice system to prevent abuse
• Emphasized deterrence as primary purpose of punishment rather than retribution
• Called for punishments proportional to the crime committed
• Argued against use of torture and capital punishment as ineffective and inhumane

Reforms in criminal justice

• Influenced abolition of torture in many European countries
• Promoted codification of criminal laws to ensure clarity and fairness
• Advocated for public trials and jury system to increase transparency
• Called for education and crime prevention measures to reduce criminal behavior
• Proposed reforms to make punishments more certain and swift rather than severe
• Ideas contributed to development of due process rights in modern legal systems

Jeremy Bentham's utilitarianism

• British philosopher who developed utilitarian ethical theory applied to law and social policy
• Sought to create rational basis for legislation and criminal justice reform
• Influential in shaping classical criminology and broader legal philosophy

Greatest happiness principle

• Central tenet of Bentham's utilitarianism: actions should maximize overall happiness/well-being
• Applied to criminal law: punishments justified only if they prevent greater harm
• Formula: $Utility = Sum of pleasures - Sum of pains$
• Proposed felicific calculus to quantify and compare different actions' utility
• Influenced development of cost-benefit analysis in criminal justice policy
• Critiqued for potential to justify harsh punishments if deemed socially beneficial

Panopticon concept

• Architectural design for prison proposed by Bentham as model for social control
• Circular structure with central watchtower allowing constant observation of inmates
• Inmates unable to know if they are being watched at any given moment
• Aimed to create sense of omnipresent surveillance to encourage self-regulation
• Concept extended beyond prisons to other institutions (schools, hospitals, workplaces)
• Influenced modern theories of surveillance and social control (Foucault's "disciplinary society")
• Critiqued as potentially oppressive and dehumanizing model of institutional power

Legal reforms and policy implications

• Classical criminology sparked widespread reforms in criminal justice systems across Europe and North America
• Influenced development of modern legal principles and human rights in criminal proceedings
• Continues to shape debates on crime prevention, punishment, and criminal justice policy

Proportionality in punishment

• Principle that severity of punishment should match seriousness of crime committed
• Aimed to replace arbitrary and excessive punishments with more rational system
• Led to development of structured sentencing guidelines in many jurisdictions
• Influenced creation of different offense categories with corresponding punishment ranges
• Challenged by mandatory minimum sentences and three-strikes laws in some countries
• Ongoing debate between retributive justice (just deserts) and utilitarian approaches

Due process and legal rights

• Emphasis on fair and consistent application of law to protect individual rights
• Promoted codification of criminal laws to ensure clarity and prevent arbitrary enforcement
• Advocated for presumption of innocence and burden of proof on prosecution
• Influenced development of rights for accused (legal representation, speedy trial, protection against self-incrimination)
• Led to increased transparency in criminal proceedings through public trials
• Shaped constitutional protections against unreasonable searches and seizures
• Ongoing tension between due process protections and crime control priorities

Criticisms of classical criminology

• While influential, classical criminology faced numerous critiques from later scholars and competing schools of thought
• Limitations of classical approach became more apparent as social sciences developed
• Many criticisms led to development of new criminological theories and approaches

Oversimplification of human behavior

• Assumes all individuals are equally rational and capable of weighing costs/benefits
• Neglects role of emotions, impulses, and psychological factors in criminal behavior
• Fails to account for variations in decision-making capacity (age, mental illness, addiction)
• Overlooks potential for irrational or self-destructive choices in criminal acts
• Ignores possibility of crimes committed without clear cost-benefit calculation (crimes of passion)
• Later theories (cognitive psychology, behavioral economics) revealed complexities of human decision-making

Neglect of social factors

• Focuses primarily on individual choice, overlooking broader social influences on crime
• Fails to address root causes of criminal behavior in social conditions (poverty, inequality, discrimination)
• Ignores potential for criminal subcultures and peer influences on individual behavior
• Overlooks role of socialization and learning in shaping criminal tendencies
• Neglects potential for structural factors to limit real choices available to individuals
• Led to development of sociological theories of crime (strain theory, social disorganization theory)

Modern applications

• Despite criticisms, classical criminology continues to influence contemporary approaches to crime and criminal justice
• Many core principles have been updated and refined in light of new research and social changes
• Classical ideas often combined with insights from other criminological perspectives

Rational choice theory

• Modern update of classical ideas about criminal decision-making
• Assumes offenders weigh costs and benefits but with more nuanced understanding of rationality
• Incorporates concepts from economics and cognitive psychology
• Recognizes bounded rationality: decisions made with limited information and cognitive capacity
• Examines specific situations and opportunities that influence criminal choices
• Informs crime prevention strategies focused on altering cost-benefit calculations
• Applied in studies of various crime types (property crime, white-collar crime, terrorism)

Situational crime prevention

• Practical application of rational choice perspectives to crime prevention
• Focuses on reducing opportunities for crime rather than changing offenders
• Employs techniques to increase effort, increase risks, reduce rewards, remove excuses, and reduce provocations
• Examples include target hardening (improved locks), formal surveillance (security cameras), and environmental design
• Criticized for potential displacement effect: shifting crime to other targets or locations
• Influential in policy approaches emphasizing practical, immediate crime reduction strategies
• Complements other prevention approaches addressing root causes or offender rehabilitation

Legacy in criminology

• Classical criminology laid foundation for modern study of crime and criminal justice
• Core principles continue to influence legal systems, policy debates, and criminological research
• Ongoing synthesis and tension with other perspectives in criminological theory

Influence on criminal justice systems

• Shaped fundamental legal principles (due process, proportionality, legality) in many countries
• Influenced structure of criminal codes and sentencing frameworks
• Contributed to development of human rights protections in criminal proceedings
• Informed crime prevention strategies focusing on deterrence and opportunity reduction
• Shaped debates on purpose of punishment (deterrence vs. rehabilitation vs. retribution)
• Continues to influence public discourse on crime and appropriate societal responses

Ongoing debates and relevance

• Tension between classical emphasis on free will and positivist focus on determinism persists
• Debates over appropriate balance between due process and crime control priorities
• Discussions of how to incorporate new scientific knowledge into criminal justice policy
• Questions about effectiveness of deterrence-based approaches in various contexts
• Examinations of how classical principles apply to new forms of crime (cybercrime, transnational crime)
• Ongoing efforts to synthesize classical insights with other criminological perspectives
• Relevance to current issues (mass incarceration, alternatives to imprisonment, criminal justice reform)