Explain how Beccaria’s background influenced his work in the classical school and how his life is an example of social context influencing theory.

Question

What will be an ideal response?

Answer 1

The criminal justice system of Beccaria’s Europe, especially the ancient regime in France, was “planned to ruin citizens” (Radzinowicz, 1966, p. 1), a characterization that applied to the police, criminal procedures, and punishment. The police of Paris, for example, were “the most ruthless and efficient police marching in the world” (p. 2). They were allowed by the French monarchy to deal not only with criminal matters but also with the morals and political opinions of French citizens. They relied heavily on spies, extensive cover letter opening, and the state-approved capacity not only to arrest people without warrants but also to pass judgment and hold people in custody indefinitely on unspecified charges. Once arrested, the accused had few legal protections. He or she was cut off from legal assistance, subjected to torture, and hidden from family and friends. Witnesses against the accused testified in secret. Once guilt was determined, punishments were severe, “ranging from burning alive or breaking on the wheel to the galleys and many forms of mutilation, whipping, branding, and the pillory” (Radzinowicz, 1966, p. 3). Death by execution in early 18th-century London took place every 6 weeks, with 5–15 condemned hanged on each occasion (Lofland, 1973, p. 35).
Beccaria became familiar with these conditions through the association and friendship of Alessandro Verri, who held the office of protector of prisoners in Milan, Italy, where Beccaria lived. Outraged by these conditions and recently having become familiar with the writings of scholars such as Montesquieu, Helvetius, Voltaire, Bacon, Rousseau, Diderot, and Hume, Beccaria was encouraged by a small group of intellectuals to take up his pen on behalf of humanity.