Criminology
Jordan is extremely curious about the reasons why people commit crimes as well as the appropriate methods for punishing those responsible. What exactly is the point of time spent in jail or any of the other forms of punishment?
Criminology, sometimes known as the study of crime and punishment, makes an effort to address concerns like Jordan's as well as many others. Regarding the subject of criminal behaviour, numerous schools of thought exist. A very long time ago, throughout the time of the Romans and all the way through the Middle Ages, the purpose of punishment was to exact revenge on the offender, and the punishments were often very severe. Throughout most of ancient history, people were frequently tortured.
On the other hand, a new movement that came to be known as the Enlightenment period began in the second part of the 17th century. People during the Enlightenment period were interested in crime and debated what they thought the most appropriate form of punishment should be.
The Enlightenment gave rise to a school of thought known as the classical school of criminology. This school of thought places an emphasis on the concept that individuals make decisions to commit crimes and that the purpose of punishment should be to deter individuals from committing crimes in the future. Let's take a more in-depth look at the classical school of criminology, including its impact on the legal system of today.
Classical School of Thought
Jordan has an interest in criminology, and he's heard that life for criminals and anyone suspected of being criminals was extremely rough before the Enlightenment. However, he is not entirely clear on what the subject matter of the classical school of criminology is.
Jordan's instructor instructs him to keep in mind the five fundamental tenets of the classical school of criminology so that he might gain an understanding of the classical school. They are as follows:
1. Rationality: The assumption of the classical school is that individuals have free will and that they consciously choose to engage in illegal behaviour. For instance, if Jordan makes the decision to shoplift some sweets from the store, he is not compelled to do so because of some sort of predetermined destiny. He makes the decision to take the candy. In addition to this, he plans to steal the candy in advance by thinking about it and telling himself, "I really want candy, and I don't have any money, so I will steal it." This is the kind of logical reasoning that he uses in the process of plotting to commit a crime.
2. Hedonism: Another presumption of the classical school is that humans look for pleasure and attempt to avoid discomfort. For instance, while Jordan is in the store, he thinks about how the candy will make him feel, and because of this, he steals it.
3. The Infliction of Punishment: Do you remember when we discussed how one of the major ideas was the concept of hedonism, in which people seek pleasure and try to avoid experiencing pain? According to the classical school, this is one of the factors that goes into determining punishment. For instance, if Jordan considers stealing the candy but then remembers that he could go to jail for it, he might decide against stealing the candy because he will be attempting to avoid the discomfort of going to jail. In this sense, the traditional school of criminology holds the belief that the use of punishment can be effective in preventing criminal behaviour.
4. Human rights: Jordan has gained an understanding that prior to the development of the classical school of criminology, punishments were sometimes extremely severe. Torturing someone who was simply suspected of committing a crime was not unusual, and the punishments that were meted out to those who were found guilty may be horrible.
The fundamental tenet of the classical school of criminology is that every individual possesses certain rights, and it is the responsibility of society to uphold these rights. This indicates that they should not engage in acts of torture and should not impose punishments that are excessively severe.
5. Due process: The premise behind due process is that those who are suspected of committing a crime are presumed innocent until they are proven guilty, and that they are afforded the opportunity to go to trial and face the judicial system. If Jordan were to be accused of stealing the candy and then be thrown in jail without a trial, that would be a violation of his due process because he would not have had the opportunity to defend himself.
Contemporary Influence
Jordan has a strong sense of familiarity with the five tenets that underpin the classical school of criminology. He has heard people discuss how the punishment for crimes serves as a deterrence, and he has also heard that it is necessary to preserve human rights and to avoid harsh and unusual punishment. In addition to that, he is familiar with the concepts of due process and the term "innocent until proven guilty."
Because the classical school has had such a significant influence on our contemporary legal system, Jordan is familiar with a significant portion of the concepts that it upholds. Every single modern justice system operates under the presumption that individuals have free will and actively choose to engage in criminal behaviour. This is a direct offshoot of the fundamental idea of rationality taught in the classical schools.
However, there is significantly more to it than that. The concepts of human rights and due process form the foundation for a significant portion of the American legal system. The concept of human rights, which includes the avoidance of harsh and unusual punishment, is still discussed frequently in the United States. In addition, our strong belief in the importance of the principle of due process is communicated by the use of expressions such as "innocent until proven guilty" and "right to a quick trial." In point of fact, the concepts put out by the classical school of criminology are so deeply ingrained in the American legal system that they are included in the United States Bill of Rights.
Conclusion
Criminology is the academic study of criminal behaviour and legal retribution. The classical school of criminology was established during the Enlightenment period of the 17th century and centred on the following five fundamental tenets:
- Rationality, sometimes known as the notion that individuals voluntarily commit crimes
- Hedonism is the belief that people should strive to maximise their own pleasure and minimise their own suffering.
- The use of punishment as a deterrent to criminal behaviour
- The rights of humans that society is obligated to uphold and protect
- And, the right to due process, often known as the right to a trial, as well as the presumption of innocence until guilt is established.
The classical school had a significant influence on modern judicial systems, including the fact that modern judicial systems presuppose rationality and that a significant portion of the legal system in the United States is based on the principles of human rights and due process, including the Bill of Rights. This is a direct result of the classical school's influence.
After reading this, you should be able to apply what you've learned in the following situations:
- Describe the field of study known as criminology.
- Explain what the traditional approach to criminology entails.
- Please enumerate the five pillars upon which criminology is founded.
- Examine the influence that each of the five guiding principles has had on contemporary criminology.