Summarize Beccaria’s reasoned argument about crime. How is it seen in today’s criminal justice system? Why do you think this argument has been so enduring?
What will be an ideal response?
Beccaria’s tightly reasoned argument can be summarized in relatively simple terms (Radzinowicz, 1966; Vold, 1958). First, to escape war and chaos, individuals gave up some of their liberty and established a contractual society. This established the sovereignty of a nation and the ability of the nation to create criminal law and punish offenders. Second, because criminal laws placed restrictions on individual freedoms, they should be restricted in scope. They should not be employed to enforce moral virtue. To prohibit human behavior unnecessarily was to increase rather than decrease crime. Third, the presumption of innocence should be the guiding principle in the administration of justice, and at all stages of the justice process the rights of all parties involved should be protected. Fourth, the complete criminal law code should be written and should define all offenses and punishments in advance. This would allow the public to judge whether and how their liberties were being preserved. Fifth, punishment should be based on retributive reasoning because the guilty had attacked another individual’s rights. Sixth, the severity of the punishment should be limited and should not go beyond what is necessary for crime prevention and deterrence. Seventh, criminal punishment should correspond with the seriousness of the crime; the punishment should fit the crime, not the criminal. For example, fines would be appropriate for simple thefts, whereas the harsher sanctions of corporal punishment and labor would be acceptable for violent crimes. Eighth, punishment must be a certainty and should be inflicted quickly. Ninth, punishment should not be administered to set an example and should not be concerned with reforming the offender. Tenth, the offender should be viewed as an independent and reasonable person who weighed the consequences of the crime. The offender should be assumed to have the same power of resistance as nonoffenders. Eleventh, for Beccaria, the aim of every good system of legislation was the prevention of crime. He reasoned that it was better to prevent crimes than to punish those who commit them.
You might also like to view...
Barry is involved with a group of criminals who smuggle illegal items out of the country. Occasionally, he is summoned by the police to provide information about the people involved in the smuggling process with him, the items smuggled, and frequent routes used for smuggling. In this scenario, Barry is a(n) _____.
A. sleeper agent B. undercover officer C. confidential informant D. agent provocateur
Discuss at least two ethical issues surrounding the greater use of technology in law enforcement. How might we minimize ethical concerns in the future?
What will be an ideal response?
Which of the following types of evidence is generally NOT admissible at trial?
A. DNA B. fingerprint C. hair analysis D. polygraph
Charging typically takes place between initial appearance and arraignment
a. True b. False Indicate whether the statement is true or false