Criminological Theories Of Crime And Punishment

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Before the birth of the Enlightenment there were extremely harsh and barbaric punishments, such as: burning hands or death and the justice used to be unpredictable. For instance, the punishment was depended on who committed the crime and whether he or she was able to defend himself or herself (Case, 2017, 324).

Those basis reigned before any types of criminological theories appeared and they were mainly built on a religious or spiritual nature. The following criminological theories, classical and positivist, displaced those barbaric proceeding against the offender by implemented the new crimnal justice (article).

The 18th century is the time when the first theories in the area of crime and criminal justice arose. What is more, the origins …show more content…

Classicists find that the choice to commit a crime by the criminal is “a voluntary decision” , positivism supposed that the option to offend is "beyond the offender’s control" (Cross, 2012: 71). It can be said that classical thinkers did not consider another factors beyond internal factors. But, it is need to draw the attention that this thesis contained just some rights as classical consider the phenomenon of occurrence criminality and the ways in which it can be combated much more than the factors which can motivated a person to become the offender by committing a crime. They shaped a theory which proposed that every human being has own freedom of choices and he is entirely responsible for his decisions. Classical thought did not focus on the offender much, they had a simple and brief theory which has not been developed as it has been in regard to positivism which focused on internal and external factors (Roufa, 2017). Nevertheless, both of them shared the same purpose: explore and identify which factors are responsible for the decision to commit crime (Cross, 2012, 71). Both of the discussing approaches consider two different object of study as has been suggested above. Classical criminology focuses on the offence and how to deal with it. While positivists’ object is the offender. They examine the factors which can influence on the …show more content…

The punishment should be proportionate and adequate to the act which has been committed. If this component and the threat of fair (in other words, it can be expected the equal penalty from choosing to offend, which has been called the threat of fair by Burke) are filled, calculating individual will be deterred to offend (Burkepdf, 20.., 56). There are three crucial elements of imprisonment which has been established by Bacceria and Bentham: severity, celerity and certainty. All of them must be filled to deter effectively the potential criminal. The law has to be constructed in the way which prevent to commit crime not to increase it and encourage people to be righteous in relation to the law. Thus, punishment cannot be too severe as it used to be before the birth of classical criminology because it can cause an unwanted result: the increase of crimes (Bernard, Snipes and Gerould, 2016, 40). It should be as severe as it is necessary to be in particular case and it should be severe enough to deter society from breaking law and delinquent from reoffending. The certainty means that the punishment will be occurred if the law has been broken. The celerity consists on immediately inflicted a penalty (Newburn, 2017). After calculated by an individual how severe, certain and swift the punishment can be there is a bigger

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