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KENENE SENIOR
MONEAGUE COLLEGE
LEARNING OBJECTIVES
In actuality, it was well-received, which resulted in Beccaria republishing it, this time
crediting himself as the author.
Three tenets served as the basis of Beccaria’s theories on criminal justice:
free will
rational manner
manipulability.
According to Beccaria free will enables people to make choices. Beccaria believed that
people have a rational manner and apply it toward making choices that will help them
achieve their own personal gratification.
CESARE BECCARIA (1738-1794) CONT’D
In Beccaria’s interpretation, law exists to preserve the social contract and benefit society as a whole. But, because people
act out of self-interest and their interest sometimes conflicts with societal laws, they commit crimes.
The principle of MANIPULABILITY refers to the predictable ways in which people act out of rational self-interest and
might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the
crime an illogical choice.
In "On Crimes and Punishments," Beccaria identified a pressing need to reform the criminal justice system, citing the then-
present system as barbaric and antiquated. He went on to discuss how specific laws should be determined, who should
make them, what they should be like and whom they should benefit. He emphasized the need for adequate but just
punishment, and went so far as to explain how the system should define the appropriate punishment for each type of crime.
"On Crimes and Punishments" sought to protect the rights of criminals as well as the rights of their victims. "On Crimes
and Punishments" also assigned specific roles to the various members of the courts. The thorough treatise included a
discussion of crime-prevention strategies.
CESARE BECCARIA CONT’D
According to this view, delinquents choose to act improperly, just as non-delinquents choose to act properly. These theories suggest that youths choose to
behave in certain ways based on personal desires such as revenge, survival, greed, or ethics.
JUST DESERTS
JUST DESERTS CONT’D
Just deserts, as a philosophy of punishment, argues that criminal sanctions should be commensurate with the
seriousness of the offense (Sloan & Miller, 1990)
The concept of just deserts seeks to preserve human dignity through punishment. It asserts that a person is a
rational individual with the free will to make a moral choice whether or not to engage in conduct known to be
prohibited. Retribution under a just deserts principle treats a defendant as a dignified human being by responding
to his or her conduct in a way that respects his or her choice to engage in wrongful behavior (Starkweather, 1991).
TRAIT THEORY
The view that criminals have physical or mental traits that make them different or abnormal
William Sheldon suggested somatotype (body-build) makes people susceptible to delinquent behavior
Mesomorphs – muscular/athletic (aggression)
Ectomorphs – tall/thin (intellectual)
Endomorphs – heavy/slow (fences)
FOUNDATIONS OF TRAIT THEORY
Defective intelligence (Charles Goring) Crime could be controlled by regulating reproduction of the feebleminded
Psychodynamic: Freud suggested people carry the residue of childhood attachments that guide future interpersonal
relationships
ID (pleasure principal): unconscious biological urges for food, sex and other life-sustaining necessities
Ego (reality principal): helps guide the actions of the Id within boundaries of social convention
Superego (conscience): the moral aspect of one’s personality
Eros: the most basic drive present at birth
Conflicts during psychosexual stages of development may lead to “fixations”
PSYCHOLOGICAL TRAIT THEORIES
Behavioral Theory
Human actions are developed through learning experiences
Social Learning Theory: Social learning theorists argue that people learn aggression through life experiences
Violence is learned via behavior modeling (family interaction, environmental experiences, and mass media)
An event that heightens arousal
Aggressive skills
Expected outcomes
Consistency of behavior with values
PSYCHOLOGICAL TRAIT THEORIES
Cognitive Theory
Focuses on how people perceive and mentally represent the world around them and solve problems
Moral development: (Jean Piaget) People obey the law to avoid punishment
Humanistic psychology: Self-awareness approach
Information Processing: How people process, store, encode, retrieve, and manipulate information
PSYCHOLOGICAL TRAITS AND CHARACTERISTICS
https://www.biography.com/scholar/cesare-beccaria
Siegal, L and C. McCormick. (2006). Criminology in Canada: Theories, Patterns, and Typologies (3rd ed.).
Toronto: Thompson, Nelson.
Sloan, J. J., & Miller, J. L. (1990). Just Deserts, The Severity Of Punishment And Judicial Sentencing
Decisions. Criminal Justice Policy Review, 4(1), 19–38. https://doi.org/10.1177/088740349000400102
Starkweather, D. A. (1991). The Retributive Theory of Just Deserts and Victim Participation in Plea
Bargaining. Ind. LJ, 67, 853.