II' THE CLASSICAL SCHOOL of CRIMINAL JUSTICE

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II. THE CLASSICAL SCHOOL of
CRIMINAL JUSTICE
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A. Introduction

• 1. is crime universal?
• a. is there anyone not touched by
  crime?
• b. Is a crime always a crime?
• 2. definition a positive OR negative
  act or
• omission
  prohibited by law, and in
• violation of
  the penal code
• 3. crime is that which arouses our
• indignation (Pound, 1930)
• 4. what is the most appropriate way to
• understand crime?

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B. A Historical Perspective

• 1. crime is created and established by
• those who make the Law
• 2. rise of the city-state
• gt Rome / Athens crime by
  proclamation
• 3. church-based definitions (the Middle
  Ages)
• a) demonic possession
• b) dramatization of evil
• 4. rise of republicanism in the last
  (20th) century
• a) Holocaust
• b) genocide across the globe

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• 5. practical example
• gt MURDER
• 1) (def) the UNLAWFUL killing of
  a
• human being by
  another
• with malice
  aforethought
• either expressed or
  implied
• 2) Qs Is the killing of another
  moral or immoral?
• 6. does morality (or ethics) have anything
  to do with
• crime commission or creation?
• 7. is harm relevant?
• gt mala in se v mala prohibitum

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• 10. A Crime Solution Model
• Criminological
  Criminal Justice
• Questions Questions

CRIME
Why Who Where What
Who Why Where When How Now what
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Genesis of the Classical School

• 1. Crime thinking and and Modern Legal
  Definitions
• gt 1600s through 1700s
• 1) emergence of state rule over
  the church
• gt with vestiges of mans
  (peoples) Fall from
• Grace
• 2) recognition that prevailing
  justice systems were
• cruel, capricious, and
  arbitrary
• 3) fair / just systems of
  prosecution / punishment
• should be responsible
  societal goals
• 4) first
  intellectual consideration of the criminal
• 5) underlying premise
  offenders have the ability to
• reason and make rational
  decisions

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• 6) crime control requires clear
• definitions /
  explanations of
• offenses, minimal
  judicial
• discretion, and quick /
  certain
• punishments
• 7) crime cannot exist without
  law,
• and law must be based
  on the
• recognition of injury
  / harm to
• the individual and
  society
• 2. contributors
• a. Thomas Hobbes (1588-1679)
• The Leviathan
• 1) humans are inherently
  afraid
• of each other
• 2) creation of a society
  based

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• b. Jean Jacques Rousseau
• (1712-1778)
• 1) society is corrupt and
• brings out the inherent
• evil in people
• 2) social institutions,
  such as
• governments, are
  necessary to
• control human
  emotion, sexual political,
• and egotistic drive
• 3) social contracts are
  constructed to
• create laws that
  protect and control
• citizens and
  demonstrate the will of
• the people

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• c. Jeremy Bentham
• (1748-1832)
• 1) utilitarianism
• 2) pleasure-pain principle
• 3) the panopticon

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• d. Cesare Beccaria (1738-1794)
• 1) On Crimes and
  Punishment
• (1809)
• 2) crime as law must
  reflect
• the will of the State
• 3) crime must be based on
  categories of harm
• a) most serious
  crimes against the state
• b) most prevalent
  crimes that injure /
• affect the of
  and / or the property of
• individuals
• c) most recognized
  crimes that affect the
• \ public peace

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• 3. contributions of Classical School
• philosophy to contemporary
• U.S. criminal justice
• a. stare decisis let the
  decision
• stand
• 1) an act cannot be held
  criminal unless it has
• previously previously
  be adjudicated illegal
• 2) case law precedence
• b. res judicata a thing has
  been decided
• gt double jeopardy
  provision
• c. no decision should be based
  on a cruel and
• unusual punishment

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• f. philosophy of the presumption
• of innocence
• g. advocacy of incarceration as
• punishment
• h. harshness of life imprisonment
• i. fatuousness of capital
  punishment
• 4. enduring scientific legacy
• a. debate between voluntarism
  (free-will) vs
• determinism
  (pre-destination)
• b. Deterrence Theory (Zimring and
  Hawkins,
• 1973)
• 1) based on Benthamian
  utilitarianism /

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• 2) types
• a individual /
  specific
• b general
• c. Rational Choice Theory
• Derek Cornish (Cornish and Clarke, 1985)
• 1) crime lifes
  experiences, individual
• morality,
  self- esteem / concept,
• wants /
  desires, levels of
• 
  gratification
• 2) decision to commit
  precedes decision on
• what to commit
• 3) different crimes based on
  different decisions