Classical School and its Punishments

Navdeep Singh Sandhu

Student Number: 100363419

CRIM 1100
Submitted to Chris Giles
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Classical School and its Punishments

Crime is a part of human history from the old world. It is always a focus of study and research

for many people because of the punishments that relate to its crime. The types of punishments

that are allowed for a crime are a subject of debate as during the 16th and 17th century the

punishments were harsh and cruel even for the minor crime. As a result of this, a moment of

enlightenment started due to which the classical school of criminology was developed. Classical

school focused on the type of penalties that should be given according to the committed crime.

This paper focus on the classical school of criminology and whether the punishments given to

crime are applicable or not based on the criminal justice system. The paper will provide a

summary of the classical school, its principles. Then it will include the detailed analysis of given

statements according to these principles. To support the arguments, it will include details from

the given articles.

The classical school of criminology was originated in the 18th century. It was started as an

alternative to the previous rules and law of punishments and to define the crime. The criminal

law at that time was inhuman and barbaric[CITATION Mon56 \p 441 \l 4105 ] where there was no

choice for bargaining for their plea and the offenders were considered guilty on the basis of none

or few proofs to support the crime. A person had to confess the crime because they were tortured

to do so even if they haven’t committed the crime.

Death was the common penalty for the crime. The penalties were no different for men, women,

old or young. Due to the rise in cruel and barbaric punishments and laws, some philosophers

tried to enlighten the inhuman nature of the laws and the rulers, but they were not succeeded.

The two main contributors to the classical school of criminology were Cesare de Beccaria and
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Jeremy Bentham. They are considered as the father of criminology because of their impactful

impression on the crime and its punishments. They focused to reduce the hardness of penalties

and to reduce the crime. They were committed to the fact that harsh penalties do not help in

reducing the crime and one must be punished according to the crime committed. They believed

that law should be distributed equally among all people and there should be no inequality

[CITATION Mon56 \p 445 \l 4105 ] between the high class or low-class people. If one has committed

the crime, then one should be penalized and should not be based on caste, religion. The law

should be well written and should be known to the public before implementing it. So, people

should behave under the code of laws and commit less or no crime because of their afraid of the

punishment[CITATION Mon56 \p 444 \l 4105 ].

Classical school is based on some principles of Beccaria and Bentham which resulted in the

formation of modern laws. According to Beccaria, laws are created to form a society where

people can live freely and independently. As per Social Contract Theory it’s the right of state to

protect the right and freedom of citizen and citizen should obey the rules of state[CITATION Mon56

\p 442 \l 4105 ]. The law is made equally for all people and everyone has the right to live happily

and with freedom. But if someone tries to take their pleasure and independence, they must be

punished for the harm done to people. Punishments provide the stability to the world and results

in the reduction of crime, but to provide its purpose it should be imposed in the correct way by

which criminals and other people learn a lesson.

As per Free will theory, Humans are rational by choice and can think about what is better for

them. They are motivated by the benefits from crime thus they perform the act to satisfy their

needs and they are able to choose a way to meet their needs, whether it may be legal or illegal

[CITATION Gei55 \p 163 \l 4105 ]. They can measure the pain or pleasure which they can get from
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committing any crime. As the criminal have rational choices and they do their preparation before

committing any crime, thus the punishment should also be implemented in a way that it exceeds

the pleasure gained from crime. If the punishment outweighs the crime, then the criminal will

think before committing the crime. It will stop them and others to not to commit the crime. And

if the punishment is too harsh for the crime then they will try to commit further crime as they

will have nothing to gain or lose. Moreover, utilitarianism theory says that the law should

provide a greater good for the great number of people [CITATION Gei55 \p 162 \l 4105 ] and should

satisfy their needs.

As the statement is given, if someone commits manslaughter which is one of the serious crimes

of killing a people unintentionally. It is less culpable than murder. Even it is done unintentionally

but it has caused harm to someone. And the punishment for this crime as said is imprisonment

for life. This type of crime can be considered as the first category of crime as “it is considered

more injurious to society”[CITATION Mon56 \p 446 \l 4105 ]. If the punishment given to that crime

is cruel or severe then it will have no impact on the other people and the person committing the

crime will intentionally try to do more harm. Capital punishment as death will not be the perfect

penalty for this crime[CITATION Gei55 \p 165 \l 4105 ] as it is too barbaric to take someone because

one can learn from their mistakes. Penalties which can serve over a long period of time are

considered as useful [CITATION Mon56 \p 446 \l 4105 ] because it allows the criminal to feel his

actions and also make fear in other people to not to commit any crime which will result in

wastage of their whole life behind the bars. Imprisonment for life in this act should allow

criminals to go for parole after 20 years of the sentence and the monitored afterward during

parole.
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As well as robbery, the punishment is also imprisonment for life. The Robbery comes under the

second category of crime where it harms the person or its property thus considered as a serious

crime [CITATION Mon56 \p 445 \l 4105 ]. Punishment on the robbery should vary according to the

type of robbery or harm committed. If it involves any physical threat or harm to a victim or it

includes weapons, then the punishment should be about 5 to 8 years and some fine imposed on

the criminal. Punishment should not be severe but it should be certain enough to leave the lasting

impression on people’s minds [CITATION Mon56 \p 446 \l 4105 ]. According to Bentham,

punishment should be useful for the society as its main aim is to “deter other people from the

commission of a similar offense as well as to reduce recidivism [CITATION Gei55 \p 167 \l 4105 ].

Breaking and entering which means an unlawful entry to someone’s property with or without

intention is a crime and it comes to the third category of crime where the punishment’s severity

would be different according to the harm done [CITATION Mon56 \p 445 \l 4105 ]. If the crime is

serious and did physical harm to a person then it may be considered a felony charge and will

results in prison for many years. The maximum sentence should be 1 to 2 years with an

additional fine. If the punishment exceeds the pain for the offenders, then they can commit the

more serious act.

To conclude, Crime and punishments are two different variables that relate to each other, if one

commits the crime, then the punishment shall be imposed. Punishment is a technique that makes

a society a better place to live in and it allows criminals to introspect themselves in becoming a

better person. Classical school started a new era in the field of crime and law and gives people a

different angle to view the facts before committing a crime. It made people choose their

decisions to live life as a criminal or as a loyal citizen. Crime committed is against the rules of

law and the punishment should be allotted according to the law. The Penalty should not be harsh
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and cruel and should be given according to the act committed. As if punishment exceeds its main

motive and delivers further pain to the offender then it may motivate them to commit more

unlawful acts.

References

Geis, G. (1955). Pioneers in Criminology VII--Jeremy Bentham(1748-1832). Journal of

Criminal Law and Criminology, 46(2), 159-171. Retrieved from

https://courses.kpu.ca/pluginfile.php/34499117/course/section/409762/Bentham

%20Source.pdf

Monachesi, E. (1956). Pioneers in Criminology IX--Cesare Beccaria(1738-1794). Journal of

Criminal Law and Criminology, 46(4), 439-449. Retrieved from

https://courses.kpu.ca/pluginfile.php/34499117/course/section/409762/Beccaria

%20Source.pdf
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