Welcome to Criminology!
Welcome to Criminology! This course of study aims to promote a more complete understanding of crime and how it is enmeshed in human social life. To do this, we will set out to explore the foundational theories and research that help explain how crime is measured and understood. After we establish some basic level understanding, we’ll move on to consider how the study of crime evolved over time. This includes how early theorists described and documented the characteristics of criminals. We’ll see how later, as science evolved, sociobiology theories were advanced to explain crime as both a function of genetics and environment – the classic “nature vs. nurture” paradigm. This will give way to a study of psychology and sexual crimes. Lastly, we’ll look at white-collar crime, organized crime, and war crimes and terrorism.
How Do We Investigate Crime & Criminals?
Many students who wander into this field of study might find themselves asking: how exactly do researchers investigate crime and criminals? What makes a crime a crime? As you will learn later, in most cases an act is considered a crime because the person committing it intended to do something that the legal scholars and governments have determined is wrong. This is what is known as “criminal intent” – or the mental state generally referred to as “mens rea,” Latin for “guilty mind.”
To this end, we will examine the social science research methods that underlie the scientific research testing that informs public policymaking. Students will learn about sources of information that provide data that essential to the study of criminal behavior. Developing an understanding of the critical frameworks researchers use (particularly those that focus on demographic variables like age, gender, race, and ethnicity) will, likewise, be emphasized. Let’s get started!
Who Is a Criminal? What Makes a Crime a Crime?
Unfortunately, there are no easy answers to these questions. The aim of the course is to discover both the long and short answers. As for the short, it depends. Crime and criminality vary considerably over time and space. Once condemned as a criminal, the same person might now be admired. To investigate, we have to go all the way back to the Age of Enlightenment.
What Was the Enlightenment?
The Age of Enlightenment refers to a time period as well as an elite 18th-century cultural movement that sought to mobilize the power of reason in order to reform society and advance knowledge. Some people like to think of the Enlightenment as the beginning of modern philosophy. It was important because the ideas that came from this movement influenced future democratic governments.
The Enlightenment period in the history of western thought and culture stretches roughly from the mid-decades of the seventeenth century through the eighteenth century; it was characterized by dramatic revolutions in science, philosophy, society, and politics. These revolutions swept away the dark medieval world-view and ushered in the light that is thought to typify our modern western world.
Enlightenment thought culminates historically in the political upheaval of the French Revolution, in which the traditional hierarchical political and social orders (the French monarchy, the privileges of the French nobility, the political power and authority of the Catholic Church) were violently destroyed and replaced by a political and social order informed by the Enlightenment ideals of freedom and equality for all, founded, ostensibly, upon principles of human reason.
The Enlightenment begins with the scientific revolution of the sixteenth and seventeenth centuries. The rise of the “new science” progressively worked to undermine not only the ancient geocentric conception of the cosmos and with it the entire set of presuppositions that served to constrain as well as guide philosophical inquiry. The dramatic success of the new science in explaining the natural world, in accounting for a wide variety of phenomena by appeal to a relatively small number of elegant mathematical formulae, promotes philosophy (in the broad sense of the time, which includes natural science) from a handmaiden of theology, constrained by its purposes and methods, to an independent force with the power and authority to challenge the old and construct the new, in the realms both of theory and practice, on the basis of its own principles. D’Alembert, a leading figure of the French Enlightenment, characterizes his eighteenth century, in the midst of it, as “the century of philosophy par excellence,” because of the tremendous intellectual progress of the age, the advance of the sciences, and the enthusiasm for that progress, but also because of the characteristic expectation of the age that philosophy and science (in this broad sense) would dramatically improve human life.
Who Are the Great Thinkers of the Enlightenment?
The Enlightenment is associated with the French thinkers of the mid-decades of the eighteenth century, the so-called “philosophes”- Voltaire, Diderot, D’Alembert, Montesquieu, et cetera. The philosophes constitute an informal society of men of letters who collaborate on a loosely defined project of Enlightenment centered around the project of the Encyclopedia. But the Enlightenment has broader boundaries – geographical and temporal – than this suggests.
Other thinkers, who turned out to be influential in shaping the early study of crime and criminals, included John Locke, Thomas Hobbes, and Jeremy Bentham.
John Locke, for example, was concerned with the relationship between civil society, human behavior, and punishment. He theorized that when humans lived in a pre-societal state of nature, they had no formal constraints on their behavior.
Thomas Hobbes was also concerned about this relationship. In the case of Hobbes, he believed that life in the state of nature was one where individuals constantly faced danger and peril; that humans were always on the brink of a war of “all against all.” The only potential restraint on human behavior was government or what Hobbes referred to as the Leviathan. In his view, people needed to give up their claim to unrestrained “freedom” in order to live in a civil society. Striking the proper balance between freedom and restraint on freedom was essential to the social contract.
Man and the State of Nature
According to Locke, the term “state of nature” refers to the way human beings lived before they came together to form societies. In the state of nature, human beings have absolute freedom to pursue their desires, and because there are no laws, they can steal or kill without the fear of institutionalized punishment. However, everyone also has absolute freedom to protect themselves and attack others for perceived slights. Since individuals alone decide on how and when to seek retribution, Locke doubted whether any actions enacted by these individuals could actually constitute punishment.
Punishment in Society
Locke argued that the idea of punishment is one of the principle reasons why humans come together to form a society. According to Locke, in a state of nature, each person acts as a judge in his own case, but this unchecked power puts all humans in a potential state of danger, particularly when they are living in more complex societies. In exchange for living and benefitting from the rewards of a cooperative society (for more on these see “Social Contract theory”) humans consent to turn their power to seek individual retribution and punish over to the government. They relinquish absolute freedom in order to acquire the benefits of living in society. As such, other external authorities, such as kings or elected officials, were given the power to formalize ideas of punishment.
Ethics of Punishment
Locke viewed punishment as a means of repairing the social order. If somebody steals something, the government selects an appropriate punishment and enacts it in order to return order to that society. Locke’s theory on the severity of this punishment relates to restitution, and he claimed that an appropriate amount of punishment is whatever provides restitution for the injured and deters other people from committing a similar crime. According to the University of Stanford, critics believe that this view of punishment is no different than his conception of punishment in the state of nature, since both views center around the notion of preservation. In the state of nature, the individual is punishing others in the interest of self-preservation, while in society an individual or individuals create laws and enact them, but they still create these laws in the interest of preserving the state or even humanity.
Implications
Locke’s theory of punishment influenced — and continues to influence — governments and individuals all over the world. Several countries have built laws on the ideas espoused by Locke, and some countries, such as the United States, have built the ideas into their constitutions. The U.S. Constitution enshrines the idea that the government derives its power from the people, who turn some of their freedoms over to the government when they consent to be governed. This, as well as many other aspects of the Constitution, comes directly from Locke.
The David Hume statue on its pedestal outside of St. Giles Cathedral on the Royal Mile, Edinburgh, Scotland.
In addition to the English and French movements/thinkers represented here, there was a significant Scottish Enlightenment. Key figures were Francis Hutcheson, David Hume, Adam Smith, and Thomas Reid as well as a similarly influential German Enlightenment (die Aufklärung) including Christian Wolff, Moses Mendelssohn, G.E. Lessing and Immanuel Kant. All of these different Enlightenments and thought leaders might be thought of as particular nodes or centers of thought in a far-flung and varied intellectual development. Given the variation depicted here, Enlightenment philosophy is perhaps better understood in terms of general tendencies of thinking; not in terms of specific doctrines or theories.
Pre-classical Perspectives & Punishments
Prior to the Enlightenment, religious and spiritual perspectives were cited as a basis for organizing society and punishing individuals. Religious worldviews eventually gave way to “rational” science-informed perspectives.
Notwithstanding the influence of the Enlightenment, religion remained an important feature of crime and punishment. We see this perhaps nowhere more so than in colonial America. Religious dissenters, who migrated from England (i.e. the Puritans of New England and the Quakers of Pennsylvania) were particularly keen to enforce religious norms among the colonists. Many colonies made little distinction between sin and crime. These influences constitute a strong undercurrent in U.S. society, even in our current political moment, as research has documented that many Americans favor using the law to enforce a religious worldview. But this too is changing, as the same research documents that young Americans increasingly do not advocate this kind of thinking.
The Inquisitional chairs
This instrument of torture comes in different versions. We are first going to examine their common features and, then, their differences. All of them have common features, in that they are covered with spikes on the back, on the arm-rests, on the seat, on the leg-rests and on the foot-rests. The chair exhibited at the museum of San Gimignano has 1300 spikes, a real “carpet” of spikes. One version has a bar screwed on the lower portion of the chair, by the victim’s feet, which by a screw mechanism forced the back of the legs against the spikes, thus penetrating the flesh of the victim. Another version had two bars immobilizing the victim’s wrists forcing his forearms against the arm-rests resulting in the flesh being penetrated by the spikes.
Another version had a bar at chest height, to immobilize the victim’s bust, while the spiked seat had holes to allow the victim’s bottom to be ‘heated” by hot coals placed under the seat, causing painful burns, but still keeping the victim conscious.
The strength of this instrument lies mainly in the psychological terror it causes and the threat that the torture will get increasingly worse, conforming to a model where the pain starts off easy and then gets progressively worse. The idea is that the Inquisitors can interrupt it at any stage, upon visual inspection of the damages that have been inflicted.
This instrument was used in Germany up to the 1800s, in Italy and in Spain up to the end of the 1700s, in France, in Great Britain, and in the other central European countries, according to certain sources, up until the end of 1800s.
“Torture is a sure means to absolve robust villains and condemn weak innocent men”
“The law makes you suffer because you are guilty, you could be guilty, it wants you to be guilty” – Cesare Beccaria
The Classical School of Criminology
As we move forward in our course of study together, we’ll be investigating different approaches to theorizing crime and punishment. The Classical School of theories remains important to our current understanding of these issues, even though they have fallen out of favor to some extent. What distinguishes them is their emphasis on individual “free will” as well as rational decisionmaking – aspects of crime that are not always emphasized by contemporary theories. The Enlightenment helped to provide Classical theory with a framework for thinking through decisionmaking and rationality. The work of Cesare Beccaria here proved to be highly influential and he is considered to be the father of the Classical School of Criminal Justice.
Cesare Beccaria
Cesare Beccaria was a prominent Italian economist and criminologist. He wrote during a time when authoritarian governments wielded a heavy hand against citizens. The justice system during his time was often decidedly unjust. Beccaria’s reforms focused on free-will and the individual’s ability to make a rational choice about committing a crime, after giving consideration to the chance they might be caught and punished.
Enlightenment philosophy is readily apparent in the works and thinking of Beccaria, who emphasized the social contract among other important ideas. That is to say, he believed that citizens must give up rights in exchange for protection from the government or state.
Beccaria advocated swift punishment as the best form of deterrent to crime. His best-known work was his treatise On Crimes and Punishments (1764), which condemned torture and the death penalty. This work still stands as a pioneering study in the field of criminology. Here, he argued that capital punishment was neither useful as a deterrent, nor was it necessary or ethically appropriate for the state to take the life of any of its citizens. The book tackled criminal reform and suggested that criminal justice should conform to rational principles.
Beccaria’s work greatly influenced the Neo-Classical theorist and architect, Jeremy Bentham, in his development of his doctrine of Utilitarianism.
Beccaria’s Understanding of Punishment – 3 Characteristics
- Punishment must be swift
- Punishment must be certain
- Punishment must be severe
Beccaria & Deterrence Theory – Specific vs General
Beccaria emphasized that for punishment to be truly effective, it must have a deterrent effect on people who might decide to commit a crime. He developed two different concepts to elaborate the concept of deterrence: specific deterrence and general deterrence (he did not coin the terms; he merely emphasized they are important to distinguish).
Specific deterrence refers to punishments given to an individual that are meant to prevent/deter the individual from committing the crime again in the future.
General deterrence refers to punishments given to an individual that are meant to prevent/deter other potential offenders in the society at large from committing the crime in the future.
While the two of these categories overlap to some degree they, nonetheless, continue to form the basis of modern day sentencing strategies.
Beccaria’s Ideas About the Death Penalty
Beccaria’s On Crimes and Punishments marked the high point of the Milan Enlightenment. In what was a major contribution, Beccaria put forth the first arguments ever made against the death penalty. Beccaria claimed first and foremost that the use of capital punishment violated the social contract. Secondly, he thought that reflected negatively on the government, as it not only set a poor example for the rest of society, it failed to deter crime for reasons that it effectively endorsed barbarism (researchers have referred to this as the Brutalization effect).
So What?
Why should we care about the theories of old Cesare Beccaria? Well, for one, they had a major impact on the governing of the United States. Beccaria’s propositions and theoretical model of deterrence was incorporated into the U.S. Constitution. His emphasis on due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and the requirement that all trials be public and the public be informed of all decisions regarding the justice system – we owe our rights to all of these things to Cesare Beccaria.
Jeremy Bentham
One of the more notable theorists inspired by Beccaria’s work was the English philosopher and political radical, Jeremy Bentham. Bentham is primarily known today for his moral philosophy, and especially his principle of utilitarianism, which evaluates actions based upon their consequences. According to him, the most relevant consequences are the overall happiness created for everyone affected by the action.
Like Beccaria before him, Bentham was influenced by Enlightenment thinkers, especially empiricists such as John Locke and David Hume. Bentham developed an ethical theory grounded in a largely empiricist account of human nature. He famously held a hedonistic account of both motivation and value according to which what is fundamentally valuable and what ultimately motivates us is pleasure and pain. Happiness, according to Bentham, is thus a matter of experiencing pleasure and lack of pain. One of his most important contributions was the “hedonistic calculus” – the weighing of pleasure vs. pain that individuals potentially undertake when they think about committing a crime.
Bentham also became known for his design of a prison structure, known as the Panopticon (the model incorporates a wagon wheel design so that a post in the center of the structure can conduct a 360-degree visual observation of prisoners – the spokes/corridors contain inmate cells). One famous model can still be visited in the state of Pennsylvania at the Eastern Penitentiary, located in Philadelphia.
Field Trip! Penn State Criminal Justice students (2017) look at a model of Eastern Penitentiary, which is based on Jeremy Bentham’s concept of the Panopticon
Okay, Now What?
In the next section, we’ll take a look at the policy implications of how the Classical School and its theories eventually led to the Neoclassical perspective. Despite their influence becoming diminished over time, classical theories have been reinterpreted for the modern era – echoes from the past thus remain with us.
The prison watchtower at Eastern Penitentiary (photo credit: Sandra Trappen)
Review Questions
What are the three characteristics that define Beccaria’s understanding of punishment?
How did Enlightenment philosophy influence Beccaria?
How did Beccaria influence the U.S. criminal justice system?
What did Beccaria think about torture?
What did Beccaria think was the proper relationship between crime and punishment?
Abigail Bowser says
Beccaria was a strong opponent of torture. In his influential work, “On Crimes and Punishments” he argued that torture was not only inhumane but also ineffective as a means of obtaining reliable confessions or information. He also believed that torture often led to false confessions, because people may admit to anything to stop the torture from happening so they wouldn’t hurt anymore. He felt that justice should be based on rational evidence and fairness rather than on cruel torturing. He advocated for a legal system that respected human rights and sought to prevent crime through rational punishment rather than fear. Beccaria’s studies and views impacted the development of modern day criminal justice procedures. He focused on deterrence of crimes, and punishment should be proportional to the crime.
Caleb Breece says
Cesare Beccaria was one of many significant “Age of Enlightenment” philosophers who were great inspirations to the founding fathers when they founded this nation of ours. Specifically, though it’s easy to see with Cesare Beccaria’s defining characteristics, Beccaria believed punishment should be swift, sure, and severe. However, it is essential to note that “severe” had its limits in Beccaria’s mind as he despised torture and disagreed with the use of capital punishment, believing it wasn’t useful as a deterrent, which is what he believed punishments should be. The use of said punishments violated the social contract of the many works from the “Age of Enlightenment” to which Beccaria subscribed. As stated earlier, our justice system has been influenced by Beccaria, specifically in our own Bill of Rights, with the Sixth Amendment, which guarantees citizens a speedy trial, and the Eighth Amendment, which protects us from cruel and unusual punishment. Even in state legislation, capital punishment has been downright abolished.
Joe Schulte says
This article highlights three main aspects of punishment that Beccaria theorized about. These can include severity, certainty, and swiftness. These factors were important to his Enlightenment philosophy. This which in turn had a significant influence on the criminal justice system. I wish all judges would keep this in mind that he did not associate swiftness with the speedy trial like judges do today. Instead, Beccaria argued for the rule of law. Swift verdicts would mean that the innocent are not punished and that the guilty are punished in a timely manner. His way might’ve been the correct way to affect a society’s behavior in regard to crime and punishment having consequences that led us to a more humane and effective way of dealing with people who commit crimes.
Sarah Sovick says
Cesare Beccaria’s work has had a major influence on the criminal justice system, shown through his ideas about rationality, punishment, and the importance of a fair legal process. Beccaria argued against the punishment and favoured a system based on the social contract theory. One key detail of Beccaria’s influence is his belief that laws should be clear and public, making sure that individuals know what to expect and the consequences their actions may have. Beccaria made sure to emphasise that punishment should be reasonable to the crime committed.He believed that the fear of punishment could prevent crimes from happening more effectively than the harsh penalties. This idea has shifted some focus away from punitive measures toward addressing root causes of criminal behaviour. Beccaria also promoted the idea of due process, supporting the rights of the accused and shared the importance of a fair trial. This perspective has been important to the development of the U.S. Constitution and the Bill of Rights, where the rights of individuals are safeguarded against an unreasonable state of action. The importance of due process in the U.S. legal system reflects Beccaria’s call for justice to be administered in a fair manner. Beccaria’s theories have left a permanent mark on the U.S. criminal justice system. His determination to have a rational, proportionate punishment and the protection of individual rights is the base for many of the legal principles we honour today.
lauren gaydos says
Beccaria argued that laws should be designed to deter crime rather than show vengeance. Three characteristics that define Beccaria’s understanding of punishment are that the punishments must be swift, certain, and severe. Beccaria was a strong critic of torture and the death penalty, arguing they were ineffective and inhumane. His ideas contributed to movements that sought to reform or abolish these practices. He stated that swift punishments were the best form of deterrent to crime. He believed that the punishment should fit the crime committed. He also argued that the state should not have excessive power and respect the rights of the accused person, which aligns with the Enlightenment ideals of limiting government authority to protect individual liberties. It is evident in Beccaria’s works and thinking that the Enlightenment Philosophy influenced him. Beccaria had a significant impact on the U.S. criminal justice system through his Enlightenment ideas about law and punishment which are in his best-known work, his treatise On Crimes and Punishments (1764).
Tyler Vanags says
The Enlightenment era philosophy influenced how Beccaria viewed crime and criminals greatly. This is evident in his own ideals that are seen as common beliefs now but back then were seen as different. The three characteristics of Beccaria’s understanding of punishment are that punishments must be swift, certain, and severe. He understood that to deter people from committing the same crimes, the punishment must be a specific deterrence or a general deterrence. Specific deterrence is punishments given to an individual to deter them from committing the same crimes in the future, while general deterrence is a punishment given to someone to deter others from committing that same crime. He felt that torture was violent and useless. He believed that punishment should be used to prevent crime rather than used as a form of revenge, he also believed that the level of punishment should match the level of the crime. Beccaria’s ideals were so influential that they were instituted into the U.S Constitution. Our rights to a speedy trial, trial by jury, confront and cross-examine witnesses, all trials be public and the public be informed of decisions regarding the justice system. All of these rights are thanks to Beccaria and his theories of crime and punishment.
Dean Sewall says
The three characteristics that define Beccaria’s understanding of punishment are that punishment must be swift, punishment must be certain, and punishment must be served. These are the three characteristics that define Beccaria understanding of punishment. The Enlightenment period in the history of western thought and culture stretches from the mid- decades of the seventeenth century through the eighteenth century. Enlightenment philosophy influenced Beccaria by he believed that citizens must give up their rights in exchange for protection from the government or state. Beccaria influenced the U.S criminal justice system because of the belief that people being governed must agree with their government’s control. “Government by the consent of governed. Beccaria thinks that torture is useless and evil. Beccaria thinks that the proper relationship between crime and punishment is that punishment should be used to prevent crime rather than be used as an act of vengeance. The punishment should fit the crime. Also, Beccaria said innocent until proven guilty
Peyton Smalley says
Three characteristics that define Beccaria’s understanding of punishment are punishment must be swift, punishment must be certain, and punishment must be severe. To add on, he says “Punishment should be used to prevent crime rather than be used as an act of vengeance.” He also stated for punishment to be truly effective it must have a deterrent effect on people who may also think about committing crimes. Beccaria believed that old-world views of the law were very inhumane and should be changed.
Beccaria’s propositions and theoretical model of deterrence was incorporated into the U.S. constitution. They were incorporated because of his emphasis on right to a speedy trial, right to a trial by jury, and right to confront and cross examine witnesses, etc. He did not stand with torture and the death penalty. He argued that those punishments were not useful, nor were they necessary or appropriate for the state to take the life of any of its citizens. Beccaria thought the proper relationship between crime and punishment is that punishment should be solely focused on deterring future crime, meaning it should be swift, certain, and proportional to the harm caused by the crime, with the primary than inflicting pain or revenge.
Krystal C says
After reading the article my understanding was that the three characteristics that had defined Beccarias understanding of punishment were severity, certainty, and swifteness. The enlightenment philosophy had influenced Beccaria in a way that people started to use science and reason first.The criminal justice system was influenced by Beccaria to start looking at the criminals as humans and to not be so harsh on them for such small crimes, he did not like the idea of torture. The idea of torture to him was inhumane. He had said that the punishment should fit the crime,and if the punishment is used to prevent the crime it should not be used as an act of violence. I agree with his beliefs that every action does have a consequence good or bad. I also agree that how bad the consequence is depends on how severe the action was. In my opinion if it wasn’t for Beccarias beliefs the justice system would be very different from how it is now.
Kiara Thomas says
Beccaria thought the punishment should be swift, certain, and severe. By using “swift,” he meant it should happen right after the crime so that the offender can associate their action with the consequence. “Certain” refers to the fact that the punishment should be predictable-people need to know they will get caught and punished if they break the law. And “severe” means serious enough that it would deter people from committing the crime, but not so harsh that it is cruel
Beccaria’s ideas made a huge impact in the United States. His views upon appropriate punishment and the denunciation of torture and death penalty gave shape to a few important aspects of American law. For example, his calls for due processes and safeguards against cruel punishment inspired the Bill of Rights. His ideas helped frame a justice system that seeks a balance between protection and rights.
I agree with Beccaria’s view on torture. He was against torture and found it not only inhumane but also pointless. He felt that it caused unnecessary pain and did not always produce truthful information, since people might say anything to stop the suffering. I also with Beccaria regarding the proper relationship between from a punishment. Beccaria thought the punishment should be related to the crime committed, meaning it should be serious enough to deter people from committing a crime yet not serious enough to be cruel. Punishment would act to promote less crime and keep society functional.
Ryan Pastor says
The main message that was given to me by this reading is the importance of the societal contract and the influence that Cesare Beccaria had on modern government with the changes on the judicial system in America. Before societies were formed it was essentially every man for himself in terms of self protection and retribution for wrong actions that were done to you. Humans have yet to develop the fear of being locked away in a cell for committing actions that are objectively morally wrong. So therefore it would be crucial to get it right initially when these newly formed societies introduced a system where it gives one person, or a group of people the power to essentially take someone’s life away whether it be by fatal force or imprisonment. The ideas for this system we use today comes from Cesare Beccaria as he was the man who influenced the judicial system to view suspects as innocent until proven guilty, a right to a fair and speedy trial by a jury of one’s own peers. and other core values that the courts in America use today. Cesare was also the first philosopher to actively speak out against capital punishment as he believed that it violated the social contract and endorses brutality among the government and its subjected citizens. Ultimately what Cesare realized is that without a proper and fair judicial system the government could have a large amount of unchecked power that makes them able to imprison or even murder anyone they saw fit.
Keyona says
The three characteristics that define Beccaria’s understanding of punishment were swift, certain, severe. Beccaria was against the death penalty because it was being used to be cruel. Also, the punishment should be used to be to prevent crime rather than just an act to get rid of someone. The the crime that is committed by an individual should fit the punishment not just torture and then death. Another thing was he wanted the crime to have evidence if the crimes were done. I think Baccaria had a huge influence on today and back then because without him going up against the system every crime that was committed there would be no learning from the situation and there would be a lot of people accused of false crimes. Also, the population would absolutely be much smaller, and a lot of suffering and he mad a difference in a lot of people’s lives. Also, nobody would learn from there mistakes if given the death penalty.
Mina Qussay says
Cesare Beccaria’s views on punishment are characterized by three main principles: it must be swift, certain, and severe. First, punishment should happen quickly after a crime to make it clear that it’s a direct consequence of the criminal act. Second, there needs to be a high degree of certainty that punishment will follow a crime, which helps deter potential offenders by making them realize they are likely to be caught and punished. Third, the punishment should be severe enough to be a deterrent but not so extreme as to be unjust. Beccaria’s ideas were deeply influenced by Enlightenment philosophy, which emphasized reason, rationality, and the social contract. This philosophical background helped shape his thoughts on how laws and punishments should be designed to benefit society and promote fairness. Enlightenment thinkers like John Locke and Thomas Hobbes, who discussed ideas about the social contract and the role of government, played a role in shaping Beccaria’s criticism of practices like torture and the death penalty. His ideas had a significant impact on the U.S. criminal justice system, contributing to the inclusion of due process rights in the Constitution, such as the right to a speedy trial, trial by jury, the right to confront and cross-examine witnesses, and public trials. Additionally, Beccaria strongly opposed torture, arguing that it was not only inhumane but also ineffective as a deterrent. He believed that torture violated the social contract between the government and its citizens and did not serve any meaningful purpose in the justice system.
Carmen Chiaverini says
The three things that define Beccaria’s understanding of punishment are swift, which means that the punishment should be given closer to the time that the crime takes place. Secondly, Beccaria believed that crime should be certain, meaning the likelihood of being caught and punished for a crime would most likely cause crime to go down. Third, Beccaria believed that crime should be severe. The Enlightenment influenced Beccaria’s thoughts on crime and punishment, especially his thoughts on the death penalty. Beccaria is a big reason why the criminal justice system is as fair as it is. People used to be executed for little things before Beccaria and the Enlightenment. Beccaria was not one for torture. He believed that the punishment should fit the crime. Beccaria emphasized “due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and the requirement that all trials be public”, and the public be made known of all decisions regarding the justice system. All this led to the notion that the punishment should fit the crime and that you are innocent until proven guilty.
Dariya Baytar says
The three characteristics that define his understanding of punishment was that punishment has to be swift (the time period of prosecuting the criminal should match up after the crime has been committed), punishment must be certain (as he said, innocent until proven guilty, being certain of the person being charged with the arrest), and punishment must be severe (that the punishment should fit the crime).
It was influenced by the fact that it went along with the social contract of his ideas. It also helped to provide the Classical theory within the ideas of decision making and rationality.
He was responsible for inventing the rights (due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and the requirement that all trials be public and the public be informed of all decisions regarding the justice system) and having that incorporated into the system as a default method.
He thought that it was completely useless to have public torture and that it was evil.
He said that punishment shouldn’t be showcased for vengeance but instead it should be preventing more crime happening, the punishment should fit the crime and, as always, innocent until proven guilty.
Gabriella Tokar says
Three characteristics that define Beccaria’s understanding of punishment are 1. Punishment must be swift, 2. Punishment must be certain, and 3. Punishment must be severe. The Enlightenment philosophy influenced Beccaria to think that citizens must give up rights in exchange for protection. Beccaria influenced the U.S. criminal justice system greatly, his theoretical model of deterrence was included in the constitution, and his ideas on rights are now used in criminal justice, for example the right to a trial by jury. Beccaria thought torture is not useful, necessary, or appropriate according to his work On Crimes and Punishments. Beccaria thought the proper relationship between crime and punishment is that punishment should be used to prevent crimes rather than an act of vengeance, and the punishment should fit the crime.
Ymani Merritt Bates says
According to Beccaria, punishment should be swift, certain and severe. Beccaria’s three characteristics of punishment illustrate the understanding that after a crime is committed, the criminal should be punished quickly (or in a timely manner) and the punishment should fit the crime, but simultaneously unpleasant enough to deter others from committing the same or similar crimes.
Beccaria’s ideas were noticeably influenced by the era of Enlightenment, his works displaying multiple ideas from the era, including the concept of social contract (philosophy that individuals will voluntarily give up rights in their society in order to receive protection from their government). Beccaria’s ideas had much influence on the US justice system we have today. One of his ideas that have since rubbed off on America’s justice system is his discouragement of capital punishment. He argued that the death penalty violated social contract and wouldn’t be a proper deterrent. In fact, Beccaria claimed the death penalty would have the opposite effect, the hypocrisy and excessive violence failing to deter violent crime because of its promotion of barbarism. Beccaria viewed torture as being evil and useless and argued that the punishment should fit the crime, values that our justice system still hold in modern times.
Luis says
Becaria understood that punishment should be swift, meaning that the punishment should be given within a short period of time after the crime has been committed. He also called for the punishment to be certain since an individual would most likely abstain from committing a crime if the criminal is sure they will be punished. Lastly, Becaria believed that punishment should be severe. He believed that the punishment should fit the crime and that it should deter the criminal from committing the crime in the future while at the same time deter the general public from committing the same crime in the future.
Becaria’s school of thinking greatly influenced the way society understands and deals with crime. It was very common for an individual in the medieval world to be severely punished or even executed for a petty crime or even for behaviors that simply did not please society at that given time period. We can observe Becaria’s philosophy incorporated all over the US constitution. The US criminal justice system puts major emphasis on “due process rights, right to a speedy trial, right to a trial by jury, right to confront and examine witnesses, and the requirement that all trials be public”. All these concepts and fundamentals have been put in place due to the notion that an individual is innocent until proven guilty.
Jalen says
Beccaria’s three characteristics of punishment to deter crime include: the swiftness of punishment, certainty of punishment, and the severity of punishment and the enlightenment influenced Beccaria and many others because people started to put reason over superstition and science over blind faith. Beccaria influenced the criminal justice system by standing against torture because he knew that it was cruel and useless; he felt that punishments should be used to deter crime and not just vengeance and he emphasized individual dignity within the criminal justice system. Beccaria believed the proper relationship between crime and punishment was that punishment of a crime should be used to prevent crime in th future ad also it should fit the crime.
Nevaeh Maynes says
The three characteristics that define Beccaria’s understanding of punishment were that it must be severity, certainty, and swift. In addition, Beccaria emphasized that in order for punishment to be effective, it must have an effect on people who decide to commit crimes. The Enlightenment philosophy influenced Beccaria’s theory because he stood against the use of torture and capital punishment. Enlightenment philosophy also influenced Beccaria because he emphasized the social contract among other important ideas. He believed that citizens must give up rights in exchange for protection from the government. Beccaria felt that using torture was useless and evil, punishment should be used to prevent crime, the punishment should fit the crime, and the term many of us know “innocent until proven guilty. Beccaria always felt that there should be no forms of torture or punishment until the accuse has been officially been established that the defendant is guilty of the crime. He felt that each crime should have a certain extent to its punishment based on the severity of the crime. I agree with all his beliefs and believe that all actions should have a consequence or be held accountable but there should be a certain extent to how far we can or should go for certain crimes. I believe there are many crimes that should not result in jail time but maybe therapy or community service, even with the death penalty I believe that all should live no matter the crime and feel what it’s like to sit in misery and having to get caught with all the people they hurt. I feel like the death penalty is like an easy way out for the crimes people committed.
avrey p says
The three characteristics that define Beccaria’s understanding of punishment are that they must be swift, certain, and severe. He believed that the death penalty was unethical and inappropriate. Beccaria’s view was that torture and the death penalty reflected poorly on the state and set a bad example for society. He says punishment should be used to prevent crime, not used as an act of violence. He also states that the punishment should fit the crime. Hundreds of years ago people were stoned to death, or sentenced to execution for small things that aren’t even considered crimes in today’s world. Beccaria was reasonable and believed if someone committed a heinous crime then the punishment could be more severe. Beccaria influenced the U.S. criminal justice system drastically by emphasizing the right to a speedy trial, the right to a witness, and that all trials be public. Without Beccaria’s opinion on crime and punishment the criminal justice system would be completely different and may not have been as “fair”.
Audra Shaw says
The three characteristics of Beccaria’s understandment of punishment are, the certainty, swiftness, and severity. This is very interesting in the fact that this ideology was used more of a deterrent to crime, rather than the modern examples of a punishment happening following a crime. He had very negative connotations to the idea of things like death penalties or torture of mankind. Enlightenment calls for reason, individualism, and skepticism, which Beccaria followed closely. The idea of innocent until proven guilty falls under the idea of skepticism, and to not always believe something is what it seems. He influenced the justice system with the ideas of viewing criminals as people and not being overtly cruel to people for small infractions. He did not like the idea of torture and thought it was extremely inhumane and cruel. Beccaria also believed that the punishment should fit the crime and not be too harsh. This is very important as he was heavily involved with the idea of reform and to stop the crime before it happened. Reformation is very important in the modern day justice system. In some countries where they spend time treating prisoners as humanely as possible, and giving them resources for success, the repeat offenders list is significantly smaller than that of a country whose ideology is more centered around the idea that no matter the crime an unenjoyable punishment must be given to the offender. When the resources for success are available there is no denying the positives the come with that. This idea falls closely along the lines of enlightenment and the idea of improving the human conditions on earth are much more important than other events happening.
Franco Pelaez says
Cesare Beccaria felt that torture shouldn’t be used and that there should be punishment instead. Cesare thinks torture is cruel and evil. He also said “No one should be punished until proven guilty in a court of law” I absolutely agree with Cesare Beccaria that torture shouldn’t be used because no one should be given the death penalty no matter how bad the crime they did was and I also agree with Beccaria about his thoughts of “they should be innocent until proven guilty” they set a bad example to the society. I feel like back then people would be accused of doing a crime they didn’t do even though they are innocent for the most part because of their ethnicity or skin color. I also think Cesare Beccaria made a massive impact on the Criminal Justice system and on the governing in the United States well because he stood against the use of torture and capital punishment.
ayushma neopaney says
Beccaria has a very agreeable philosophy on punishment, however, I believe the United States would function better if they followed it more strictly. Beccaria was against torture because it was ineffective, simply making it cruel. While our government assigns punishments as they deem fit for a crime, I am one of many people who believe that there is extreme inconsistency in penalties. For example, certain people walk away from kidnapping charges with just a few years in prison, while the victim has to deal with lifelong traumas such as permanent mental health issues. I do not believe in “an eye for an eye” in terms of the justice system, however, it is not right that people who commit minor crimes, such as drug possession, are forced to serve much harsher sentences than those who have, once again applying to kidnapping charges. As for innocent until proven guilty, I believe that while this is a good concept in theory and is meant to ensure fairness, it does not work well in society. People are very quick to determine whether or not they think someone is guilty, taking sides early on. In the justice system, we have seen the failure of this over and over again with innocent people being convicted of crimes because of their skin colour, ethnicity, and similar factors. This is conflicting, however, when thinking of ideas such as always believing the victims making sexual allegation charges. Because they are highly likely to be telling the truth and more harm comes from not believing them, we often learn to treat the person the claims are being made against as a criminal unless proven otherwise. If the United States were to adopt Beccaria’s view of the death penalty, I believe that the justice system would be more effective. With the focus shifted to putting proper deterrents in place rather than instilling fear, incarceration rates could drop significantly. We are seeing this a bit, with some prisons turning to rehabilitation for better results with current inmates.
Alina Nestlerode says
Beccaria’s work was greatly influential in helping to build the modern-day criminal justice system, as well as shaping criminology. So much so, that it is still relevant in current debates and proceedings.
Swift, certain, and severe, Beccaria believed that punishments should act as a deterrent from crime rather than an act of vengeance. This can be categorized into specific and general deterrence. Specific deterrence targets the “perpetrator” in an attempt to deter them from committing crime again in the future, whereas general deterrence aims to prevent the public from committing crime to begin with. This can tie into present day debates for promoting rehabilitation from crime instead of pure punishment, and in some cases, torture. As of the 2018 Update on the U.S. Department of Justice’s report on criminal recidivism, 83% of federal prisoners released in 2005 were arrested at least once in the following 9 years. Needless to say, there is room for improvement, especially when compared to countries like Norway, who host a recidivism rate of approximately 20%.
While the U.S. has mostly removed capital punishment and torture as a means of sentencing, but it still contains various aspects of such. Beccaria spoke outwardly about his distaste for torture as a means of punishment, claiming that it promoted violence and anarchy (I.e., the Brutalization effect), as would be with no government at all. The government has a responsibility to justly handle crime as well as protect its citizens. How is this the case when the U.S. hosts over 2,000 inmates on death row? Why is solitary confinement deemed as acceptable, when the U.N has declared that any more than 15 days in it constitutes as torture? Without meaningful human contact people can develop a range of mental health issues, yet in some cases people are locked up for weeks to years; this only acts as yet another barrier in reintegrating into society once they’re free, which is a factor in the high recidivism rate. Perhaps if the U.S. focused more on teaching and rehabilitation, as in Norway, there would be better reintegration, as people wouldn’t have to turn back to crime as a means of survival.
Michael sincak says
What I took away from this reading is that beccaria stood against the use of torture and capital punishment. I somewhat agree and disagree with his logic here. I do believe that criminals who actually did something terrible deserve the death penalty. But I think the forms torture that was used back then was a little excessive, and it’s reassuring that the government system fixed the way that they deal with criminals when they misbehave. The enlightenment philosophy influenced beccaria by emphasizing individual dignity in the criminal justice system. The enlightenment is the period of scientific, political, and philosophical discourse during the 18th century in Europe. This period had a big impact on beccaria because the society was dedicated to going against economic disorder, bureaucratic tyranny, religious narrow mindedness, and intellect.So basically what I learned from this website is that people still didn’t know what was classified as a crime until the government started to make rules and regulations to deal with the so called criminals.
swastika pokhrel says
Beccaria’s concept of punishment boils down to three key principles: it should be swift, certain, and severe. His philosophy, influenced by Enlightenment principles also suggests that individuals must sacrifice some personal freedoms in exchange for protection from the state. I agree with this notion because total freedom can lead to constant disorder and no one would feel safe. The absence of established rules can result in societal chaos and no sense of community. Beccaria also argues for using punishment as a means to prevent future criminal behavior, rather than merely for punishment or instilling fear.
I was surprised to see that many of Beccaria’s ideas have been incorporated into the practices of the U.S. government. I share his belief in not using the death penalty. Within the prison system, individuals are often dehumanized and are just a number in the system, and I believe the death penalty heightens this dehumanization. Additionally, it is often more expensive to put someone on the death penalty than to incarcerate them, suggesting that these resources could be allocated more effectively elsewhere.
Nathan Chuba says
The three characteristics that defined Beccaria’s view were that punishment must be swift, fit the crime, and it must be severe. Beccaria came to this conclusion after being influenced by numerous Enlightenment philosophers, as many of them believed that upholding the social contract was key. Beccaria used this to come up with the idea that the social contract would be broken if it allows a citizen to be killed, tortured, mistreated in proportion to the crime, and failed by the system via instant guiltiness. These thoughts on the social contract eventually heavily influenced the ideas written down in the constitution, notably in the bill of rights which guarantees a fair trial and safety from cruel and unusual punishment. He also spoke against the use of torture because he thought that torture itself was evil and did not create a deterrence for crime. His thoughts on punishment and crime were that the punishment had to fit the crime to deter the individual from reoffending but also others from committing the same crime.
Jordan Poole says
The three characteristics that define his understanding to his knowledge of punishment are that punishment must be swift, certain, or severe. Beccaria condemned the death penalty and torture as well. He believed that it was ineffective and way too harsh, reverting back to other punishments and how they should be used and how they are more effective. Even though his main focus was to prevent crimes then acting on them, he did believe that the punishment if a crime is committed should fit the crime. It shouldn’t be overly excessive for a smaller crime but also should not be a small punishment for a highly active crime. While his thoughts on this were very unlikely for his time, he had more of a modern day in time outlook on crime. A lot of the people agreed and pushed the thought of torture and the death penalty. His ideas have helped us to have a better government throughout all these years and helped people over the years also have the same views and be able to push these views.
Annabella Croyts says
Beccaria’s thought that torture, at least the kind that the state was distributing, was against the social contract. He believed that the government taking the life of someone else was not what they should be doing. And that in doing so, it made the society feel a negative type of way, and made them react negatively because the people that are supposed to be protecting them are taking someone else’s life. On one hand, he had good reasoning as to why the death penalty and that it did not deter criminals from committing criminal acts the way that they would think. Because not only does it not deter them, but it also makes the society react in a negative way. However, the death penalty should not be something that is swept under the rug either. There are some criminals that deserve the death penalty. If they are in prison for murder, why should they get to live out the rest of their life when they took an innocent one from someone else? Or maybe they are the type of criminal that is so notorious that they had to be sent to a prison like Alcatraz. Even though prisons like Alcatraz had a lower escape rate than a regular prison, it is still possible. Criminals like that should not be given the chance to escape, even if it was a very slim one. Beccaria had good points as to why the death penalty is not something that should happen. Mentioning that criminals still committed criminal acts, and it also made the public react negatively. However, it could be a lot worse for a society if the death penalty did not exist.
Mehdi Khazaal says
Enlightenment philosophy profoundly influenced Cesare Beccaria, a key figure in the Classical School of Criminology. Enlightenment, an 18th-century cultural and intellectual movement, emphasized reason, rationality, and individual rights, and these ideas profoundly impacted Beccaria’s thinking.
Enlightenment ideas such as the social contract theory, which posits that individuals give up certain rights in exchange for protection and governance by the state, greatly influenced Beccaria. He believed that individuals, through a social contract, granted authority to the government to maintain order and administer justice. This notion underpinned his argument against cruel and arbitrary punishment, advocating for a more just and rational-legal system.
Furthermore, Beccaria’s emphasis on individual rights, due process, and the need for fair and proportionate punishment echoed Enlightenment principles. He argued that the state should not wield excessive power and should respect the rights of the accused, which aligns with Enlightenment ideals of limiting governmental authority to protect individual liberties.
In summary, Enlightenment philosophy profoundly influenced Beccaria, particularly in his advocacy for rationality in law, just punishment, and the protection of individual rights within a social contract framework. His ideas laid the foundation for modern criminal justice systems that prioritize fairness, proportionality, and the protection of individual rights.
Jenna Giran says
The three characteristics that define Beccaria’s understanding of punishment are that punishment must be swift, certain, and severe. Enlightenment philosophy influenced Beccaria because of the social contract among important ideas. He thought that citizens must give up their rights in order to receive protection from the government or the state. Beccaria thought that torture was not ethically appropriate or useful. His ideas on the death penalty explain how correcting a wrong with another wrong fails to deter crime and sets a poor example for the rest of a society. Beccaria believed that the proper relationship between crime and punishment was to ensure that punishment prevented crime rather than using it as an act of vengeance. He thought that the punishment should fit the crime. His ideas strongly influenced the United States criminal justice system because they are incorporated into our Constitution. He emphasized due process rights, a right to a speedy trial, right to a trial by jury, right to confront and cross-examine, and the requirement that all trials and trial decisions be public. He also emphasized innocent until proven guilty which is one of the most important rules that the justice system still follows. All of these are extremely beneficial to our justice system today.
Jamya Fulmore says
Beccaria believed that for punishment to deter crimes effectively, it needs to have three key qualities. First, it should be swift, meaning there shouldn’t be a long gap between the crime and its consequent punishment. This ensures the connection between the crime and its consequence is fresh in the mind of the perpetrator and observers. Second, the punishment must be certain. This means there should be a consistent and predictable response to a crime, assuring potential offenders that unlawful actions will always lead to consequences. Last, he stressed the need for the punishment to be severe but in proportion to the crime. It should be strong enough to dissuade individuals from offending but not excessively harsh.
Beccaria thought that the purpose of punishment was to deter future crimes, both by the individual and by others in society. He was against extremely harsh punishments like the death penalty, believing they were more harmful than beneficial. He emphasized that punishments should be fair and not be more severe than the crime itself. He also believed that laws and punishments should be clear and public so everyone knows what to expect if they commit a crime.
Jemima Ogboi-Gibson says
I agree with Beccaria’s perspective on punishment and how it should be used to prevent crime rather than vengeance. Apart from his opinions on how individuals should be presumed innocent until proven guilty, people are imprisoned all the time for crimes they did not commit, primarily due to their skin color. Regardless of the awfulness of the act, rape does not bring the death penalty. If all rapists were executed, it would be easier for the criminal to murder the victim after the rape. Because the consequences of murder and rape are the same, the culprit would rather murder the victim and possibly cover his tracks. The absence of the death sentence for rapists reduces the possibility of them killing the victim after the rape. This punishment was intended to protect the victim, and it may have some ridiculous aspects. However, I believe that this statute unusually exemplifies Beccaria’s idea. It is more vital to prevent criminals than to punish those who commit them. The victim’s life should be prioritized.
Kaylie Butler says
I agree with Beccaria’s thoughts about punishment, and how it should be used to prevent crime rather than vengeance. As well as his thoughts about how they should be innocent until proven guilty, there are people all the time that get incarcerated for acts that they didn’t do, mostly because of their skin color. Jeremy Bentham, a great philosopher said that, “the most relevant consequences are the overall happiness created for everyone affected by the action.” I don’t like the death penalty, why would you correct a wrong with another wrong? No one should die no matter how horrible the thing that they did was. Prison is as close to torture that they will get, and if your in there for long enough it will really mess you up. I am really intrigued about Bentham’s concept of the panopticon, it’s very interesting how it’s set up almost looking like a snowflake from ariel view. The 360 degree observation desk is interesting. Do you have to walk through the corridors or can you see everything from the desk? I have so many questions.
Winnie Wang says
I can conclude from the knowledge on the website that the integrity of the legal system advances with the level of development of society and civilization. The ideology of the society largely determines the laws and the crimes and punishments.
Also, I am interested in Beccaria’s theory on punishment. Beccaria emphasized that for punishment to be truly effective, it must have a deterrent effect on people who might decide to commit a crime.
I was very surprised by this point of view as it is indeed an important point of modern sentencing values. I remember that I have read something about the sentencing of rapists in my home country. Everyone agrees that rapists cause great physical and psychological damage to their victims. It can even cause irreversible harm to the victim’s entire life. However, there is no death penalty for rape, no matter how serious the crime is committed. If all rapists were given the death penalty, it would be easier for the perpetrator to kill the victim after committing the rape. This is because it would be better for the perpetrator to kill the victim and possibly cover up his crime if the consequences of killing and raping are the same. Therefore, by not giving the death penalty to rapists, the likelihood of killing the victim after they have committed the rape is minimized. These criminals will think, “I’ll go to jail if I get caught because of rape, but I’ll be shot if I kill someone.” People will always think about avoiding the highest risk, so the victim is more likely to survive.
This penalty was created out of defense of the victim, and of course, it may have some unreasonable part. However, I think this statute proves Beccaria’s theory from another perspective. The more important is to deter those who intend to commit a crime than to punish those who commit the crime. Saving the victim’s life should be the priority.
Chiara says
The three characteristics that define his understanding of punishment are the-
1.Proportionality: Beccaria believed that punishments should be proportionate to the seriousness of the crime committed. To put it in other words, he felt that the punishment should fit the crime. He also argued against excessive and cruel punishments, advocating for a more rational and humane approach.
2. Certainty: Beccaria emphasized the importance of swift and certain punishment. He believed that if many individuals knew they would face predictable consequences for their actions, it would deter them from committing crimes. This concept of deterrence through certainty of punishment is a central theme in his work.
3. Utilitarianism: Beccaria was influenced by utilitarian philosophy, which emphasizes the greatest good for the greatest number of people. He argued that the purpose of punishment should be to deter future crimes and protect society rather than seeking revenge or retribution. He felt that punishment should serve as a means to achieve social utility and prevent further harm.
Regarding, the influence of Enlightenment philosophy on Beccaria, the Enlightenment was characterized by the belief in reason, individual rights, and the pursuit of knowledge. Beccaria’s ideas were in line with these Enlightenment principles. He was influenced by Enlightenment thinkers like Voltaire, Montesquieu, and Rousseau. Enlightenment philosophy encouraged critical thinking and the rejection of arbitrary and cruel punishments, which aligned with Beccaria’s call for reform in the criminal justice system. Beccaria’s work, “On Crimes and Punishments,” published in 1764, reflected the Enlightenment’s emphasis on rationality, justice, and the protection of individual rights, making him a significant figure in the Enlightenment movement’s impact on criminal justice.
Alexander Zimmerman says
Swift, certain, and severe make up the three characteristics that define Beccaria’s understanding of punishment.
Enlightenment philosophy influenced Beccaria with the idea of the social contract. He agreed with the idea that citizens must give up rights in exchange for protection from the government or state.
Beccaria influenced the U.S. criminal justice system through his propositions and theoretical model of deterrence being incorporated into the U.S. Constitution. His emphasis on due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and the requirement that all trials be public and the public be informed of all decisions regarding the justice system are all ideas he had.
Beccaria felt that using torture was useless and evil.
Beccaria thought the proper relationship between crime and punishment was that punishment should be used to prevent crime rather than be used as an act of vengeance.
Jake Benedum says
Sometimes a crime shouldn’t be a crime. Like how in ancient times it’s a crime to bad mouth someone, or to have a certain amount of children. Throughout history there have been countless bogus and nonsensical law’s prohibiting non issues. Sometimes those laws are still in affect today. Crimes are committed for good and bad reasons, people want to break unjust crimes, and just crimes are broken for nefarious purposes. There is no reason someone commits a crime, because some laws are not justifiable. So all I know is that crimes are committed by people.
Logan porter says
The three main characteristics are 1. Punishment must be swift 2. Punishment must be certain and 3. Punishment must be severe. Defining them into further details would be that punishment must be quick (we’re talking about capital punishment), meaning no one should be tourtored when sentence to death it should be a quick death. And if you’re proceeding with that death penalty for that criminal you must be a hundred percent sure that person is the one who committed those terrible crimes.And last but not least, punishment must be severe, while it should be quick, it still should be a strict/harsh death to deter others from committing the same crimes against other humans. With Beccaria creating this theory it was adopted into the United States (US) Criminal Justice System as well as some other major countries.
Callie Cunningham says
Reading through this article opened my eyes to the evolution of punishment over the years. People used to be hung, whipped, and overall tortured to death for some of the smallest crimes, in our day and age though these types of punishments have become illegal. Italian criminologist Ceasare Beccaria defined the three characteristics of understanding punishment: it must be swift, certain, and servere. Caesar had these ideals because of the government he was dealing with in his time, bringing upon the Age of Enlightenment. He believed many things but that a social contract should be formed between citizens and their government where they protect their citizens rather torturing and killing them. Caesar Beccaria beliefs snowballed with other philosophers and eventually changed the government’s views on crimes and punishments today. The Age of Enlightenment created a ripple that morphed into a tidal wave in the evolution of our justice system today.
Tomisha Pierce says
The three characteristics that define Beccaria’s understanding of punishment were that it must be swift, certain, and severe. In addition, Beccaria emphasized that in order for punishment to be effective, it must have an effect on people who decide to commit crimes. The Age of Enlightenment was a time period that sought to mobilize power of reason in order to reform society and advance knowledge. Enlightenment philosophy influenced Beccaria because he emphasized the social contract among other important ideas. He believed that citizens must give up rights in exchange for protection from the government. Beccaria felt that using torture was useless and evil, punishment should be used to prevent crime, the punishment should fit the crime, and the term many of us know “innocent until proven guilty.” I agree with his beliefs and I think all actions must have consequences and people should be held accountable for their actions especially when other citizens are harmed or killed in the process. Cesare Beccaria was very intelligent for his time and has set the tone for many laws today.
Devin Green says
Reading this article made me realize the big difference in punishment in the world today compared to how it used to be. Back then people used to get beaten and tortured to death as a form of punishment, but now things like that are illegal and result in jail time. The three characteristics that define Beccaria’s understanding of punishment were for punishment to be swift, certain, and severe. Beccaria was against criminals getting tortured by the government. The ideas of Beccaria are very influential to the Us to this day. The ideas that come from him are the right to a speedy trial, due process, and the right to trial by jury. These ideas are still used until this day in the amendments. Beccaria felt that torturing and killing people was useless and evil and that punishment should be used to prevent a crime not to harm/kill people. Beccaria thought that people should be punished so that the punishment could help the person not hurt the person. I feel that hurting the person in punishment doesn’t benefit anyone, helping people learn from their mistakes is a better approach to punishment.
Zach Petrulak says
According to Italian criminologist Cesare Beccaria, the three characteristics that defined his understanding of punishment were: that punishment must be swift, it must be certain, and it must be severe. In his works, Beccaria mentions Enlightenment ideas that were popular during the time, such as the social contract formed between people to form society and that people give up certain rights to gain protection from the government. These ideas were first popularized by the thinker John Locke. Like other Enlightenment thinkers, Beccaria’s ideas found their way into the United States’ political framework. His belief in due process, the right to a fair and speedy trial, the right to trial by jury, and that the trials be public affairs were implanted into the Constitution by the Founding Fathers. However, unlike many in his time, Beccaria had a modern view on using torture as a form of punishment. He believed that torture was ineffective and cruel, believing that other forms of punishment should be used. Specifically, he believed that the punishment should fit the crime, while also being primarily focused on preventing crime than retaliating against it.
Andrew Yuscinsky says
Beccaria had three characteristic ideas of what punishment should be. That punishment should be swift, certain, and severe. He thought this way because at the time governments were cruel towards their citizens when it concerned law. He believed the social contract between a citizen and the government should be respected by the government and therefore not kill or torture them. The government has to protect its citizens because they gave up freedoms to live in society and torture and the death penalty violate that deal. He believed torture was useless and evil, the punishment should fit the crime, punishment is to help prevent crime and not for vengeance, and that one is innocent till proven guilty. All of these to some extent is used in the constitution of the united states. We can’t torture people, give them extreme punishments, or convict them before they’ve had a fair trial. The purpose of punishment is to prevent crime and not commit a crime to punish like with the death penalty. His ideas have been carried throughout the years to help make new governments better for the people and the united states is one of them that is made better by his ideas.
Courtney Roland says
Before the Age of Enlightenment in the eighteenth century, crime and punishment was much different from how it is today. People would torture and kill criminals as a way of repaying them for their malicious acts. Much of this system changed after the Age of Enlightenment. The enlightenment era opened the eyes of many and made people think more rationally. Cesare Beccaria, the father of classical criminology, advocated for a better criminal justice system. Beccaria focused mainly on crime and punishment. He believed that torture was a cruel and inhumane way of punishment that only sought vengeance and no deterrence from future crime. Beccaria said that punishment must be swift, certain, and severe. This meaning punishment should be served in a timely manner with no turning back and it should be severe enough that the criminal is deterred from that crime. Beccaria believed that punishment should be used to prevent more crime, the punishment should fit the severity of the crime, and the criminal is innocent until proven guilty. This ultimately influenced the U.S. criminal justice system and amendments 5,6,8, and 9 can attest to this. So, the Age of Enlightenment and the evolution of crime and punishment has had a huge impact on our criminal justice system today.
Jason Turney says
Cesare Beccaria was an Italian economist and criminologist who molded the justice system during the Enlightenment period. He lived during a time where authoritarian governments used severe punishments on their citizens as they have been for hundreds of years. He was influenced by philosophers such as Jeremy Bentham who believed in utilitarianism which evaluates actions based on their consequences. Him and many other philosophers molded Beccaria’s philosophy and lead him to believe that a citizen must agree with one’s government for them to properly protect their citizens. The three characteristics that define Beccaria’s understanding of punishment are swiftness, certainness, and severity. Because of these beliefs he thinks that torture and the death penalty are immoral and are not an effective deterrent against crime. Beccaria wrote a book called On Crime and Punishment which condemned the idea of torture and capital punishment and proposed ideas for criminal reform. Overall, Beccaria was a very influential person and his works can be observed in the US justice system today. His thoughts on due process, right to a speedy trial, and right to a trail by jury all stem from Beccaria’s philosophy.
Stephen Dickmann says
Beccaria believed punishment was meant to be swift, certain, and severe. Beccaria did not believe in the death penalty nor torture. And the reason for that was because he thought it reflected very badly on the government. Even though a crime was committed, and they were dealing with a criminal he thought ethics was a very important factor in government and punishment when dealing with criminals. Therefore, the death penalty and torture were not things he was for. Beccaria had a very big effect on the government today, some Beccaria ideas that are implemented into today’s constitution are, due process rights, speedy trial, and trials are always to be informed to the public and the public can always access what is going on. These are all very important things because Beccaria believed that when you choose to take protection from the government and live under the government you lose certain rights. And I couldn’t agree more. And I’m very happy these ideas of no cruel punishment and all these rights I have as an American if I ever was to commit a crime, I feel protected because of these ideas by Beccaria.
Jacob sides says
The three characteristics of Beccaria’s understanding of punishment were Punishment must be swift, punishment must be certain, and punishment must be severe. Beccaria saw swift punishment as the best form to prevent a crime. Beccaria felt that for a punishment to be effective it must have an affect on the criminal. The enlightenment philosophy influenced Beccaria and others. The enlightenment was a way of thinking. Beccaria worked among social contracts and ideas. Beccaria influenced the criminal justice system very positively. He is known as the father of the classical school of criminal justice. Beccaria suggested that criminal justice should base off of rational ideas and thinking. Beccaria was against torture and the death penalty. He believed the proper relationship between crime and punishment was new ways of thinking and no punishment.
Carlin Whalen says
Cesare Beccaria was an Italian economist as well as a criminologist. In his reform, his focus was on free will and an individual’s ability to choose if they would commit a crime based on the possible risk of getting caught doing so. If you were to get caught, you would have to face the consequences of your actions. Beccaria had a certain way he defined punishment. It should be swift, certain, and severe. He believed swift punishment was the best way to prevent crime from happening and didn’t think torture or the death penalty were helpful. In fact, he wrote On Crimes and Punishments (1764) explaining why he though this way. He thought capital punishment was not an effective deterrent of crime, nor was it necessary or ethical. Beccaria thought using torture was useless and evil and we should not use punishment in a vengeful way. A lot of the time today, many people think of vengeance when someone commits a crime, which shouldn’t be the case. Instead, punishment should be used to prevent crime. Also, the person accused of a crime should be innocent until proven guilty and their punishment should fit the crime they committed. For example, someone shouldn’t get the death penalty for stealing. His ideas were so influential for the U.S criminal justice system today, his propositions and theoretical model of deterrence was built into the U.S Constitution. Many of the rights we have, like the right to a speedy trial, the right to a trial by jury, the right to confront and cross-examine witnesses, and a few others are because of Cesare Beccaria.
Allyson Lowden says
Enlightenment philosophy influenced Beccaria because it was a time with a change of humanity with progress. He understood punishment to be swift, certain, and severe. He believed that punishment should fit the crime and that punishment should be known for that crime committed. This means the punishment should be decided and used right away. Based on crimes and punishments, Beccaria was against the death penalty. He thought that reflected negatively on the government and would set a poor example for the rest of society. He did not like torture as a punishment and did not think it was ethically appropriate. Beccaria pointed up that having a deterrent effect on those who decide to commit a crime must have a truly effective punishment. He elaborated on the concept of deterrence: specific deterrence and general deterrence. These are in relation to crime offending. In our modern society, criminal laws are put into place to route individuals from committing a crime and to reduce the probability of reoffending. Beccaria’s beliefs are still talked about to this day and gave a lot with his influences.
Austin Heaton says
This article touched a lot of different points. These researchers back to the Salem witch trails expressed on the justice system. They would use variety of different torcher methods within the “rehabilitation” method of finding justice. A lot differently like today, it would take a murder of someone to get sentenced to death. Back during that era, being accused of being something you’re could not be very serious in itself. Death and pain were used as a deterrent for any criminal intent. They would refer to swift punishment as the best deterrent to a little bit after being shut down by these claims. These are not good ethics and deterrence of crime. There were 3 main characteristics of understanding punishment. 1. Swift punishment, 2. Certain and 3. Severe punishment. This being stated there were also stages of this. General and specific deterrence. General deterrence could be like a death penalty by a guillotine, or electric shock. It will be heard and talked about city wide. Makes others uninterested in committing the crime. Specific deterrence could be something as simple as a chair with hot spikes, or a short term behind bars experience. These two ideologies could be compared to similar today’s grounds when it comes to punishment in the justice system. Roots are usually followed from origin, just reworked to apply with time periods and rules. The work structured around Beccaria’s idea around capital punish maybe similar today. However, its defiantly more frowned upon based on the situation. For example, some people may think negatively about capital punishment. Back during Salem witch trails, it may have deterred crime. But today regardless of it still thrives and has different situations implied to it and outcomes on this. The only time this should be a factor is when death occurs. This article is very interesting because it shows how the rules applied to others.
Isaac Hrehor says
Cesare Beccaria was an Italian economist and criminologist. Beccaria had a main focus on how criminals should not be punished by torture or carelessness against the government. He had a point saying that the government had too much power against people who commit crimes and how cruel the punishments were. Beccaria’s thoughts of understanding a punishment came down to three characteristics. Punishments were to be swift, certain, and severe. The Enlightenment of Beccaria emphasized social contract as one of the more important ideas. He believed that citizens must give up rights for protection from government. Beccaria’s ideas were implemented into the constitution which include due process rights, rights to a speedy trial, trial by jury, and trials are to be public and informed to the public after a sentence. Torture, in Beccaria’s eyes, was believed to be very inhumane in the justice system. He thought people should be punished in a way that would help the person rather than to hurt someone.
Skyler Shoben says
Italian Criminologist and Economist, Cesare Beccaria focused on free-will and individuals ability to make a rational choice about committing crimes. Beccaria’s understanding in punishment was it must be swift, certain and severe. Beccaria was easily influenced by Enlightenment Philosophy, he believed that citizens must give up their rights in exchange for protection from the government or state. He made an impact on the criminal justice system by arguing that the death penalty and other severe punishments shouldn’t be used to take the lives of the people. Beccaria’s beliefs are still talked about to this day. He believed that no one would gain anything from repeating the act of torture. He was opposed to the death sentence and believed that rather than executing offenders, there should have been a punishment sufficient enough to make them stop committing the crimes. Beccaria believed that the relationship between crime and punishment was that using torture was useless and morally wrong because punishment should be used to prevent wrongdoing rather than as a form of retaliation.
Kaleb Edwards says
Cesare Beccaria was a prominent Italian economist and criminologist. Cesare focused on protecting the people and even wrote a treatise on why capital punishment wasn’t useful and was not necessary. Beccaria’s understanding of punishment had 3 steps, it must be swift, it must be certain, and it must be severe. He felt that for punishment to be truly effective it must have effect on people who might decide to commit a crime. He came up with two concepts which were specific deterrence and general deterrence. Cesare put out the first arguments ever made against the death penalty, stating it violated social contract. All these things Cesare Beccaria did are a major reason to the government of the United States today. Some of the things Beccaria did are still in the U.S. Constitution today. I think it is safe to say that without Cesare Beccaria we would not have a lot of the rights we do with such things as speedy trials and right to trial by a jury. These are all things that help us out in the world today and we have Cesare Beccaria to thank for those rights.
Sydney Drvar says
Today, people have very strong opinions on punishment and more importantly, unreasonable punishments. Recently, there have been debates on whether marijuana should be legal, and if not, how long of a sentence. Some states legalized it many years ago, yet some are still giving two years in prison. Everyone has their own opinion on sentences and what type of punishment should be used.
In the 1700s, Cesare Beccaria had one of the strongest opinions about the justice system and its punishments. He believed that all punishments must be swift, certain, and severe. He fought for punishments to be truly effective. The reasoning for punishment is to stop the criminal from committing crimes in the future, not an act of vengeance. He also believed that torture was evil and useless, which wasn’t very common in his time. He made it clear to everyone the problem with the criminal justice system and people listened. Beccaria worked so hard, that he ended up influencing the U.S. Constitution. He was one of the most influential people in forms of punishment.
Brandie Fertig says
Cesare Beccaria is a criminologist that had three rules about punishment to be swift, certain, and severe. These rules, while simple, are a very good example of what to do as a country when dealing with criminals. His ideas were very influential and were used in the governing of the United States. His rules meant that the punishment that was given should not be longer that deemed necessary, if a criminal act takes place, punishment should follow, and the punishment itself should be severe enough to deter both the individual and others from repeating it. Seeing that this was causing results he developed two different concepts to elaborate the concept of deterrence: specific deterrence and general deterrence. Specific deterrence referred to punishment that was given to someone that is meant to prevent the individual from committing the crime again in the future. General deterrence refers to punishments given to an individual that are meant to prevent other potential offenders in the society at large from committing the crime in the future. However, this means he did not support torture as this creates a prolonged death or lifelong pain.
Gino Penascino says
Cesare Beccaria was a respected criminologist who made many points about crime and punishment. Beccaria’s personal belief of punishment is that it should be swift, certain, and severe. The purpose of punishment should be to prevent crime, not just to torture. Beccaria believed that the use of torture was simply evil and not a way to teach a lesson. He was one of the first to develop arguments that ruled against the death penalty. I looked more into the brutalization effect and found that it was a hypothesis on the relationship between the increase of executions and an increase in the homicide rate. It basically states the death penalty results into more murders. Beccaria felt that the punishments should link to the crime. That pretty much means if someone steals a candy bar they should not be sentenced to 10 years in prison. Enlightenment Philosophy shaped the way Beccaria created his opinions. He believed that citizens must give up their rights to obtain government protection. Beccaria had a crucial influence on the governing of the United States and things that were written in the constitution. Some of our rights we have today were all because of his ideas.
max whitson says
Cesare Beccaria was an Italian criminologist who wrote against the authoritarian government and believed in free-will and rational choice. Cesare had three characteristics in his understanding of punishment, which is that it must be: swift, certain, and severe. Due to Beccaria’s beliefs in swift punishment as well, this means he did not support torture as this creates a prolonged death or lifelong pain. He also is very strong on a person’s punishment fitting the crime because punishment should not be revenge, but a way to prevent crime from happening again. Beccaria’s opinions on punishment come from enlightenment philosophy, which is based around decision-making and rationality. This influenced Beccaria because he wrote reforms based on a person’s punishment on the person’s rational choice. These beliefs by Beccaria very heavily influenced the United States criminal justice system because our system is not based on vengeance, it is based on helping criminals stay out of trouble and create an environment they will not want to live in, so they stop doing crimes. Also, Cesare’s beliefs made it known that he believes in punishment being based on crime, and the United States justice system does this well as the criminal will go to court and see a judge who will base their punishment on how bad and negative the crime committed was. For example, if a man murders another man then the punishment will be life in prison, but if a man steals from Walmart he will only receive a few days in jail.
Natalie Heltebran says
Form the beginning of time they were trying to figure out how to investigate crimes and the criminals. The punishments of the crime are depending on the nature of the crime (theft, murder, etc.). Cesare Beccaria felt that using torture for crimes was useless and evil and that punishment should only be used to prevent crimes rather than an act of vengeance. The punishment should also fit the crime. Cesare Beccaria also was the one that came up with “innocent until proven guilty.” I think that is mostly followed in today’s society, but it could use some work. In all of the ideas, this one makes the most sense and should be followed for eternity. Throughout all of his theories and ideas about crimes, Beccaria greatly influenced the criminal justice system in the U.S. to this very day. I think that if he could see the system now, he would feel that we have followed his ideas.
Aniya Robins says
Thinking of the act of torture and execution, Beccaria definitely had a valid point. He felt that the use of torture and execution was useless and evil, and how punishment should be used to prevent crime. Although I believe that the US has implemented some of his rules, some states still do have the death penalty. In my opinion, Beccaria is right. Death penalties and punishment are only forms of revenge. So the question that comes to mind for myself is, “should we ban execution and torture all together?’. I would say yes and no. If our main goal as a country is to rehabilitate the people who go to jail and get justice, I would say execution and torture is completely unnecessary. But there are some crimes that are so heinous, that could deserve the death penalty as justice. This reminds me of the case of Gabriel Fernandez, a child who was brutally mistreated and then later murdered by his parents. The step-father was sentenced to the death penalty (which I think was deserved) and the mother, life in prison. In this case, most people would want those parents to suffer the way that poor child had to, but would it just be better for them to serve their time and learn their lesson? Beccaria was a very rational person, so when it comes to punishment, I believe we should focus on preventing further crimes, as he did. That is what the justice system is ultimately about, crime prevention.
Patrick Brennan says
Looking at the great thinkers of the enlightenment allows us to see how our punishment of criminals was viewed and what our punishment targeted. Seeing punishment based on superstitions is an almost alien view to the modern day criminologist’s. The Social Contract proposed during this era allows us to view humanity in a new light, as moral beings who can relinquish our freedom as primal beings and choose to live in a civil society. Without these ideas, prisoners would most certainly be treated with no humanity as they once were. However according to Beccaria, instances like capital punishment still break the social contract, which is food for thought on whether or not we have truly accepted the ideas from the Enlightenment in today’s society. As seen in recent times, outbreaks and riots against the government prove we will break the Social Contract in order to gain freedoms, or rights from the government.
Yubiried M. Ríos Rolón says
Today the meaning of a crime is tainted with all the changes that different societies have undergone over the years. But most of all it’s tainted by the opinions of the government. Which can be good or bad, it all depends on which side you’re standing on. As humans it’s in our nature to have certain instincts that lead us to commit different acts. What centuries ago was done for survival, today is done for greed. The moment society begins to concede power to the government everything begins to have a particular structure. It’s at this moment that the concept of social constructs related to justice begin to emerge. Because this “power” is created to prevent people from killing each other, but the government begins to execute people as punishment.
What logic is there in preventing individual “x” from killing individual “y” when the government will end up killing this individual later. I am fully aware that this system of hierarchy was created as a means of repairing the social order. When you think about it, it doesn’t seem that the government wants to eliminate the motives for committing certain crimes. Instead, they are trying to subdue a society with fear so that they won’t commit them. So, the thief no longer steals because he didn’t have the need to, but because the punishment was much greater than what he was willing to pay.
Sam Janicki says
Cesare Beccaria condemned torture and execution. Cesare was one of the first people to argue against the death penalty. He believed that torture was not ethical, evil, and not effective. One of his reasons to back up his believe is that it reflected poorly on the government and that it would influence barbarism and set a poor example for society. Also that because certain acts were based on pride, persecution could be glorified. He believed in reform over revenge and developed the specific and general deterrence methods, which were effective at preventing individuals or a population from committing the same crime in the future. As for proper punishment of crimes, he believed that the punishment should fit the crime, the punishment should be effective and preventing future crimes, and that you are innocent until proven guilty. He also stated that the three characteristic of punishment is that prosecution should be swift, certain, and severe.
Jordan Williams says
Ceasre Baccaria had so many beliefs on why someone should have been tortured or not. As a quote from him he says ” torture is cruel and barbaric and a violation”. He is saying that this is under the criminal justice system and he is against it. But if they have been found guilty of their crime they are supposed to face the punishment that the court gives them and they are supposed to face it. As in todays world if someone was convicted of a crime and they were sentenced to getting tortured, it would be a no go for sure. No one would accept it or no one would want it to be apart of a sentence no matter if they are convicted ion the crime or not. Which in Baccaria point of view he thinks if you have been committed if a crime the punishment must be served. As he states that “that for punishment to be truly effective, it must have a deterrent effect on people who might decide to commit a crime”. Which I believe that is exactly true, feel like if they know what the punishment is on if they have commit the crime it would give the people committing the crimes some hesitation on weather or not to commit the crime or not.
Ethan Galley says
Cesare Beccaria’s understanding of punishment was generally governed by three characteristics, punishment must be swift, punishment must be certain, and punishment must be severe. To elaborate, this means that punishment should not be longer than deemed necessary, if a criminal act takes place, punishment should follow, and the punishment itself should be severe enough to deter both the individual and others from repeating it. Enlightenment philosophy and ideas, such as free will and the idea of a social contract, were also used by Beccaria to express his overall beliefs on the subject of punishment. The beliefs of Beccaria were referenced within the U.S. constitution, and are used within the Criminal Justice system, (e.g., right to a speedy and public trial, right to cross-examine witnesses, no cruel or unusual punishment or excessive bail, etc.) Beccaria thought torture was unethical, reflected poorly on the government, and in a sense, was counterproductive as a deterrent because in a way it encouraged unethical behavior and barbarism. Furthermore, Beccaria thought that punishment should be used as a determent rather than an act of vengeance, should fit the crime, and those who are being suspected of a criminal act are innocent until proven guilty. The presumption of innocence is also reflected within the constitution. I think that the presumption of innocence is less prevalent today than it was in the past, due to a larger presumption of guilt that many citizens may share.
Ezeck Olinger says
Cesare Beccaria’s ideas were very influential and were used in the governing of the United States. Beccaria’s ideas on due process, right to a speedy trial, right to trial by jury, right to confront and cross-examine witnesses, and a few others, as you already know, were adopted by the United States for our new government. Cesare was ahead of his time in so many ways, including how he thought about the death penalty. Obviously during his time if you were to be convicted of a serious crime you would face the death penalty, and Beccaria opposed this common practice because he believed it violated the social contract, as well as failing to deter crime. However, as much as Cesare Beccaria was right about the fundamental freedoms, as noted above, I believe that the death penalty is a great way for people to pay for their crimes.
Every year, citizens pay their normal taxes and a chunk of that money goes to the local and state jails. I believe that if you are convicted of a serious offense like murder you should be given the death penalty. I think that having the death penalty saves money, provides a sense of payback for the families affected, and also deters the modern-day criminal.
Ethan Monteith says
Cesare Beccaria a prominent Italian criminologist that had three rules about punishment; it must be swift, certain and severe. These rules, while simple, are a very good example of what to do as a country when dealing with criminals. However, in recent years it seems we lack the understanding of this very simple concept. While I do think he greatly influenced what criminology is and how we operate when looking at crime as a whole, we seem to lack the follow through. Court cases for almost any crime can take anywhere from a month to sometimes years. On one end of the spectrum we see the “common criminal” a lowlife nobody who commited a crime. In the case of these individuals they are usually hit hard and fast with a punishment that can put them away for years at a time. But on the other end, high profile people can stretch their cases out due to influence money and power. It seems that what you do to society and how people view you influence how the court systems handle you. The most obvious case of this is the O.J. Simpson case back in 1995, This was a blatant disregard of Beccaria’s rules. The case went on for months and the punishment while being a double murder count wasn’t even that harsh. I think that these rules apply to only a certain type of individual, the common man, the one that you can glance over or see on the news one time and forget you saw him. This type of person gets thrown away with a harsh sentence because his influence over society is limited and his “benefit” is less then the stockholder or celebrity starring in the most recent Marvel film. If we are to follow the rules set by Beccaria, we should do so equally and take off the rose tinted glasses that protect some people from equal punishment.
A'Niya Vaughn says
Cesare Beccaria believed that torture was evil and useless. In fact, it did not prevent crimes from occurring but instead it causes people to react barbarically. Cesare Beccaria is also the first person to make an argument against the death penalty. Which is very important because this is still a disputed topic in 2021. Instead of using these extreme systems to scare criminals, Beccaria believed that criminals should be punished in order to prevent crime. However, the punishments must fit the severity of the crime. He felt as though punishments should be swift, certain, and severe. Severity is essential for preventing other crimes. All in all, Beccaria was a very rational individual. The enlightenment philosophy influenced Beccaria in terms of giving up your rights for protection from the government or state. Beccaria also supports the view of innocent until proven guilty. As this is something that is still applied in the criminal justice system in 2021, it is not always applied fairly.
Jacob Kollmar says
The three characteristics that define Beccaria’s understanding of punishment are that punishment must be swift, punishment must be certain, and that punishment must be severe. Beccaria believed that torture, as well as the death penalty, was wrong. He thought that torture was not a deterrent and people would still commit the crimes even knowing that was the punishment. I believe that that is still true today. Lots of people still commit murder knowing that they will be put to death or they still commit terrible crimes like child molestation even though they know other prisoners will make them pay for what they have done. Either torture and the death penalty are not a deterrent or those people for some reason do not fear death or care enough to not commit the crime. Beccaria believed that we deserve the right to a speedy trial, due process rights, the right to a trial by jury, and the right to have all trials be public. Beccaria had such a positive influence on criminal justice that these rights are in place in our current society because of him.
Nicolas Paul-Chan says
The three characteristics that define Beccaria’s understanding of punishment were that punishment must be swift, that punishment must be certain, and that punishment must be severe. The enlightenment philosophy influenced Beccaria to believe that citizens must give up rights in exchange for protection from the government or the state. Beccaria influenced the U.S criminal justice system with his treatise of crime and punishment, which condemned torture and the death penalty. Beccaria thought torture was useless and evil and that if someone was the be punished it should fit the crime they committed. Beccaria thought the proper relationship between crime and punishment was punishment should be used to prevent crime rather than be used for vengeance, also that the punishment should fit the crime.
Clay Shelander says
Cesare Beccaria was known for believing that torture is the opposite of justice. When torture is the punishment for crime, Beccaria thinks there are better alternatives. For example, when someone is being tortured to try and receive information, Beccaria believes there is a better way for that to be handled. Also, that information they receive may not be very accurate. I personally agree with Beccaria’s theory. I do not think that torture is the best way to handle things, but instead have the guilty face a punishment that is more sutiable depending on what they are being convicted for. Beccaria also says “torture is cruel and barbaric and a violation of the principle that no one should be punished until proven guilty in a court of law.” This is a very important statement. Beccaria is right torture is cruel and barbaric, He knows that torture is not the future problem solver. Cesare Beccaria was way beyond his time with these beliefs, today people would laugh because it’s almost normal to not be tortured like that.
Zach Wilson says
Cesare Beccaria was one of the earliest criminologist and he wrote in a time where the government was seen as too authoritative toward it’s citizens. He wrote specifically about three characteristics that would allow punishment for crime to be less inhumane. The death sentence was an act seen as inhumane. Beccaria stated, “Punishment must be swift. Punishment must be certain. Punishment must be severe.” In his writing, he also noted that punishment must have a deterrent effect on people. He further categorized the effects into two groups, the general and specific deterrences. The general deterrence explains that punishment to this individual for this crime should prevent society to, in the future, commit the crime again. The specific deterrence explains that punishment to this individual for this crime must prevent him/herself from committing the crime again in the future. Although the strategies for punishment overlap, the basis from the two ideas are still used in modern day sentencing strategies.
Stephen Bodnar says
Beccaria thinks that the relationship between crime and punishment should be one in which the punishment deters the crime in some way. Basically, he thinks that the threat of the punishment should be used as a way to prevent the crime in the first place, as the person will be less likely to commit a crime if they are afraid of whatever the punishment for the crime is. He sees this relationship more as a tool to stop crime rather than a way of delivering “justice” to criminals. He also feels that punishment should still be humane and not cross certain social lines. This is why he is against the use of torture and the death penalty in particular. He thinks the death penalty is a barbaric form of punishment and is not a good way to deter crime. This makes the death penalty go against the way he considers the relationship between crime and punishment should be in multiple ways and why he is against it.
Jeremy Rizzo says
How did Beccaria influence the US justice system?
Deliberate torture is no longer a thing here in the US. At one time, torture was the only method of punishment around. People not only felt that torture was normal, but they also felt obligated to torture because of religious beliefs. That all changed with Beccaria and the Enlightened period. Beccaria saw the thin line between justice and what we now see today as horrid acts. He believed that initiating torture was in and of itself a crime and that it was no more innocent than the perpetrator. Here in the US today, we use nearly the exact same philosophy. If a detective was interrogating a suspect and cut their fingers off, it obviously wouldn’t go over well in the agency and especially for that detective’s career. The detective himself would without a doubt be charged for the unnecessary torture. This was all thanks to Beccaria and his revolutionary idea that maybe torture wasn’t necessary. Besides shedding light on the moral effects of torture, Beccaria also realized that no punishment was universal. This was just an idea to Beccaria, but of course our whole justice system works on this basis. Proportionality is the key to justice when speaking in terms of punishment.
Alyssa Beachy says
What did Beccaria think about torture?
Beccaria says that “torture is cruel and barbaric and a violation of the principle that no one should be punished until proven guilty in a court of law.” He proposed that torture is not justice, especially when the accused is not convicted. After the accused is found guilty in the court of law, they should face whatever punishment is subsequent in the eye of the law. If the accused is not found guilty, then they tortured an innocent person for no reason. The method of torture was used to pry out information of the accused, but was not a very accurate way of getting the correct information. Many people would confess to things they did not commit, or provide false information just so the torture would stop. This leads to unfair trials, innocent killings of people, and very ineffective. However, it is important to note that if the person was found guilty of a crime, then the law can decide the punishment. Even in modern times, sometimes the punishment does not fit the crime, and could lead to unfair punishments of people.
Brendan Condon says
Beccaria’s three characteristics for understanding punishment were that it needed to be swift, certain, and severe. He believed that citizens must give up their rights in order for protection from the government or state. He wrote a book in 1764 which actively spoke out against capital punishment and torture. Instead, he believed quick and swift punishment was the best form of deterrent. He was actually the first to criticize the death penalty. He argued that it was not a good deterrent and it was not ethically or morally right. Beccaria was heavily influenced by the enlightenment philosophy. His ideas on the importance of social contract emphasizes this. Beccaria went on to influence Neo-classical thinkers and even the United States justice system.
Matt Smith says
Cesare Beccaria had many beliefs as to why someone should be tortured which it falls under the criminal justice system. Beccaria explains that torture of any kind even if it wasn’t about criminal justice is cruel and should be done in anyway. In today’s day and age if you ask someone about if someone should fall under the line of being tortured people would say it’s wrong in an instant, but there are a few others that sat under some circumstances it should be aloud if someone is found guilty of such crime. This shows that some people would say that torture could have been used before someone was found guilty of their charges which makes it hard for the criminal justice because if investigating someone that hadn’t committed a crime would you want to be in the shoes of that individual? Which in my opinion there could be some type of change within the justice system in order to make so the death penalty isn’t used because it does not deter criminals from committing heinous crimes.
Alyssa Guzzie says
Cesare Beccaria was a economist and criminologist. He was a classical theorist that developed the Deterrence Theory. For the punishment to be effective, it must have a deterrent effect. He develops two different concepts, specific deterrence and general deterrence. Specific deterrence referred to punishments given to an individual that were meant to deter them from committing the crime again. General deterrence referred to punishments given to an individual that are meant to deter/prevent other potential offenders from committing crimes. This informs our modern approach to crime and punishment in many ways. Deterrence is in relation to criminal offending. In our modern society, criminal laws are put into place to deter individuals from committing a crime and to reduce the probability of reoffending. Beccaria condemned torture, which he thought was evil and cruel. He also was against the death penalty and emphasized that punishment should be more effective. His work provided a path for our modern society through decision making and our constitution. Beccaria not only influenced the enlightenment period, but has influenced our current criminal justice system and everyone’s right to be considered innocent until proven guilty.
Rachael Palmer says
Beccaria defined three different characteristics that helped his understanding of punishment. The first one is that the punishments must be swift. The second one is that punishments must be certain. Lastly, the punishments must be severe. Enlightenment philosophy influenced Beccaria by helping him emphasize the social contract among other important ideas. Beccaria believed that society must give up their rights in order to gain protection from the government or state. Beccaria influenced the U.S. criminal justice system by his work On Crimes and Punishments (1764). Within that work, he condemned torture and the death penalty. He argued that capital punishment was not useful as a deterrent, or necessary/ethically appropriate to like the lives of people. His book talked about criminal reform and he suggested that the criminal justice system should conform to rational practices. Beccaria claimed that the use of capital punishment violated the social contract. Beccaria felt that using torture was useless and evil. He also felt that punishment should be used to prevent crime rather than be used as an act of vengeance; or in other words, the punishment should fit the crime. He also believed that people were innocent until proven guilty (this method of thinking is still in place today).
Jeremy Cramer says
When talking about punishment, and torture, there are three different characteristics that define Cesarean Beccaria’s understanding of punishment, there are multiple things that interlock in his believes and understanding of these topics. His three characteristics for understanding punishment is that Punishment must be swift, punishment must be certain, and punishment must be severe. He was a big advocate for swift punishment to be a good deterrent for crime. Beccaria believed punishment should not be drawn out, because they are not good deterrents. He was against, and condemned torture and the death penalty, as they are not swift. Beccaria also emphasized that for punishment to be effective, it must have a deterrent effect on people who might decide to commit a crime. He developed two different kinds of deterrents, specific and general. Specific refers to punishments given that are meant to prevent the individual from committing the crime again. Contrary to specific, general deterrence refers to punishments given to one individual that are meant to prevent other potential crimes happening again in society in the future.
Justice Rae Marie Torres says
Classical theory is the traditional theory where the organization would be considered the machine and humans would be considered as parts of that machine. I feel as though the modern approach to crime and punishment is similar to that. Today crime is done by the parts in this case according to the classical theory would be the humans and punishment is based on the organization . That is exactly how the modern approach goes for punishment and crime.
Sandra Trappen says
“Classical Theory” in organization studies uses the machine metaphor to describe human social relations. This particular classical theory has absolutely nothing to do with Classical Theory in criminology. Your decision to to Google your way to figuring out what to say in this instance is your first problem. Your second problem is that there is no credit awarded for substandard work. Suggest you rethink your strategy to completing assignments in this class.
Sandra Trappen says
From the syllabus:
Grading Rubric for Website posts
100% (35 points) While maybe not perfect, you are “successful.” That means you put a decent amount of thought into what you wrote; that you went beyond merely writing about your opinion and how you “feel,” and that you tried to reflect critically on the problem. You demonstrate signs of intellectual sophistication, both in terms of tone and written execution; you evidence a nuanced understanding of the problem. In short, your thinking is above average and you are on the right track. Writing meets the minimum word count of 150 words.
50% (15 points) Acceptable. Just a garden variety opinion without much critical reflection (like above). “Acceptable” means you need to do some targeted work on writing about what you think (not just about what you feel). You might also need to write a bit more (failed to meet word count).
25% (5 points) Better luck next time. Seriously lacking in intellectual sophistication and written execution.
I reserve the right to subtract credit when there are clear failures to use proper grammar and check spelling.
Kimberly Feehan says
Classical theory informs our modern approach to crime and punishment in many ways. The Classical school of theories puts emphasis on individual free will and rational decision making. The Classical school of theories basically is that individuals make choices to commit crimes because they have free will and they have the ability to make rational choices. An individual will think about committing a crime and make the choice to do it even after considering the possibility that they will be caught and then punished for the crime. Cesare Beccaria was a part of the Classical school of theorists. His idea was that in order to deter crime punishment must be swift, certain, and severe. He also thought the death penalty was not a good idea to use as a deterrent against crime because it basically gave people the idea that killing was okay in regards to using it as punishment for a crime and it didn’t even deter crime. Classical theory is used in our modern approach to crime and punishment today because many states are against the death penalty and do not use it. This goes directly off Beccaria’s idea that the death penalty doesn’t work as a deterrent. Also, we still look at individuals who commit crimes today as making that choice rationally. An individual who commits a crime is viewed as having thought of committing the crime, weighing the pros and cons and then deciding to do it. We still view that criminals are of free will and exercise that free will to commit a crime.
Sharon says
Beccaria influenced the criminal justice system very positively . In modern day he is known as the father of the classical school of criminal justice. Because he approached crime differently. He suggests that the criminal justice should be base on rational ideas and thinking. The three characteristics that Beccaria said should be involved in punishment are to make sure the punishment is swift ,certain, and severe . He believed that torture was useless and evil and that the crime should fit the punishment.
Sandra Trappen says
Review your syllabus for posting guidelines…this one falls short of requirements.
Todd Uziel says
The three characteristics that define Beccaria’s understanding of punishment are that punishment must be swift, punishment must be certain, and that punishment must be severe. Beccaria thought that the relation between crime and punishment was that there must be swift punishment to deter crime. He believed that the quicker punishment was best delivered as soon as possible because it was his belief that this was how we can deter crime. Beccaria condemned the use of torture and was one of the first people to speak out against the death penalty because he believed that a government could not kill its own people regardless of the crime. He believed that torture and the death penalty did not deter crime at all. His ideas were incorporated into the United States constitution. The rights that today we know such as the right to a speedy trial, right to have a trial by jury, and the right that all matters involved in the trial be made public. Beccaria’s work influenced the United States justice system so much so that a lot of his work was copied when the constitution was written.
Angela Nylander says
The three characteristics that define Beccaria’s understanding of punishment are that the punishment must be swift, certain, and severe. The Enlightenment philosophy influenced Beccaria because it helped to provide Classical theory with a framework for thinking through decision making and rationality. Beccaria also was the first to make an argument against the death penalty. He thought that it violated the social contract and it also makes the government look bad. Beccaria did not like torture as a punishment because capital punishment was neither useful as a deterrent. He stated this through his book On Crimes and Punishments and his works also influenced other people as well. Also, he did not think it was ethically appropriate. Beccaria thought that the proper relationship between crime and punishment was that the punishment needs to have a deterrent effect on people. He had two concepts to explain his deterrence. First, there is specific deterrence and that is a punishment given to an individual that are meant to prevent/ deter the individual from committing the crime again in the future. Second, there is general deterrence where a punishment is given to a person that is meant to prevent/ deter other potential offenders in the society at large from committing the crime in the future. Overall, Beccaria felt that using torture was useless and evil and that punishment should be used to prevent crime instead of torture. The punishment needs to fit the crimes that was committed and lastly, he said people are innocent until proven guilty.
Jacob Daum says
Beccaria understood punishment to be swift, certain, and severe. This meant that punishment should be decided and used immediately when needed. He also believed that the punishment should be known for the crime you commit. He also believed the punishment should fit the crime. Beccaria was also completely against capital punishment. He believed that if the government was killing people criminals would continue to kill as they would see nothing wrong with killing if the government is doing it. It also makes the government look like barbarians when we are civilized people and can rule out punishment in a civil manner. Beccaria was against capital punishment and so it should not happen in our government considering Beccaria had a major impact on the way the united states is governed so it could be simple to remove capital punishment. Finally, if we remove capital punishment, we may in fact prevent more murders because killing will look more frowned upon if the government is not doing it.
Kiersten Burdge says
Enlightenment philosophy influenced Beccaria because it was a time of intellectual progress and change for humanity. Pre-enlightenment, there wasn’t a fair and objective judicial system to deal with crime, and punishments were often dealt with in a cruel and humiliating manner. There was no societal standard for human behavior, and the government didn’t have a systematic way of reigning the people in. Like with Locke’s theory about punishment, it’s a balance between deterring citizens from committing the crime again, and the punishment being so severe that there’s public outrage. Locke’s theory played a big role in the Social Contract theory that Beccaria advocated for, the exchange of power between the government and the people wherein the people give up power to the government in order to prosper in a functioning society. Beccaria didn’t believe in capital punishment, but the three characteristics he abided by were that punishments must be swift, certain, and severe. These characteristics were used in order to deter both the individual and the general public from committing more crime, because Beccaria believe that was the only way for punishment to be truly effective.
Clay Shelander says
Cesare Beccaria was a very prominent criminologist and started to take action when governments held serious power over citizens. Beccaria condemned torture, he thought torture was useless and evil. He believed punishment should be used to prevent crimes rather than be used as an act of vengeance. One of his best-known pieces of work was “On Crimes and Punishments (1764)” which was a study on how capital punishment was not useful and how it was morally wrong to take the life of a citizen. Overall Beccaria despised all forms of torture and had the motto “ Innocent until proven guilty”
Killian Philipp says
Cesare Beccaria had his beliefs as to when someone should be tortured when it came to the criminal justice system but it’s not what you think. Beccaria stated that torture of any kind was a cruel and evil way to punish someone and basically saying it was a violation of people’s rights when it came to if someone was guilty or innocent. If you ask someone in today’s time about whether or not someone should be tortured most people would say its wrong but there are a few that think it should still be a form of punishment for the crimes people have committed and even that needs to be looked at in scenarios where people get punished before they are even convicted or found guilty. Basically, saying that torture was used before someone was guilty making it a big deal in the criminal justice system because if you were being questioned for a crime you didn’t commit would you want to be tortured for it? That’s where Beccaria believed that there needed to be some sort of reform for the justice system in order to make it so that torture or the death penalty are not used because it didn’t seem to deter criminals from committing crimes anyways.
Sam Penascino says
The Age of Enlightenment is a period when Western scholars and philosophers emphasized the rights of individuals in the society. The Enlightenment philosophy influenced Cesare Beccaria and his writings. Beccaria emphasized the social contract, an Enlightenment ideal, and included the idea that citizens give up certain rights to be protected by the government or state. He also pleaded the ideal of utilitarianism, greatest good for the most people, focusing on the Enlightenment. Beccaria believed in the importance of free will and individual choice on motives of crime, taken from Enlightenment theorists. Cesare Beccaria established three key elements of punishments that are a difference in whether a person will commit a crime. The first being, swiftness of punishment. This is the assumption that the sooner an offender is punished, the more they will be deterred from breaking the law again. The human mind has a better grasp of the association of crime and punishment when punished quicker. The second being, certainty of punishment. This is the assumption that people perceive a high likelihood of being caught and punished if they commit a crime. The risk of being punished is the most important aspect of punishment. The last being, severity of punishment. This is the assumption that a given punishment must be serious enough to outweigh any potential benefits gained from a crime. The punishment must exceed the advantage of doing the crime in the first place. With that being said, Cesare Beccaria has influenced the U.S. criminal justice system that we know of today.
Evan Reed says
Age of Enlightenment was the time of life that really wanted for the use of power and to have more knowledge. It was noticeable that Beccaria was influenced by the whole thing. It was shown through how he started doing things and how he thought it was a good way to change things but however he was just piggy backing. There was no more torture. It was like his way or the highway. The three characteristics of Beccaria punishment where punishment must be certain, punishment must be certain, and the punishment must be serve. Beccaria had very influential ideas of the justice system if so that his idea was put into one of the amendments. It was the sixth amendment he has his opinion in. He also thought that the crime you commit should match the punishment you receive. It isn’t about torturing and hurting someone it is just getting them to stop.
Brandon Graham says
Beccaria thought that punishment was okay. Beccaria believed the purose of punsihment was that it helped create a better society, it was no for revenge. He felt like punishment was needed in order for people to learn and help the society become better. It was made so people are scared to commit crimes, and it also helps the criminal to repeat his or her crimes again. Beccaria was influenc ed by the other Enlightenment speakers on this topic. He said that punishment had to have a deterrant effect on people to work.
Benjamin George says
Beccaria’s Understanding of Punishment is that it must be Swift, Certain, and Severe. Beccaria emphasized that for punishment to be truly effective, it must have a deterrent effect on people who might decide to commit a crime.
Nathanielle Louis says
Lombroso’s theory was entirely based on appearances and their link to probable criminal behavior. At first I didn’t agree, because the information had already been disproved, and its sheer invalidity as a statement: but then I thought about the external forces that may have caused crimes to occur. Since Lombroso defines a criminal by any feature out of the ‘normal’ range, would that make them an outcast? For example someone with very small eyes, a large nose, and a small chin would qualify as a criminal, just because they are considered unattractive. If that person WERE actually a criminal, it could be argued that it was necessary due to being an outcast of society. It’s been proven that humans need peer interaction to survive, meaning a lack of social interaction could lead to crime. That was the part I found most valid. On the same topic though, I do not support the idea of generalizing by appearance, That idea is useless to society, mainly because those facial features are less common across races. Dome of those traits will not be present. That was what I found most invalid.
Shane McMullan says
The Age of Enlightenment was a period and movement that looked to use the power of reason to reform society and advance knowledge. Beccaria became influenced by this which in turned showed in his views and reforms. He condemned torture and chose to side with a more swift, certain, and severe form of punishment. To Beccaria, who is viewed as the father of the classical school, it was more the individuals free will as well as behaviors and reasoning of consequences that led to their committal of crime. This was a big difference from the positivist school of crime which basically believed “you were born a criminal” and that it was nature not nurture. Lombroso was one big name to come out of this and believed criminals could be identified by physical traits, this idea aligns perfectly with the positivist school. I find Lombroso’s theory hard to be valid and more of a dangerous belief in that it offers the ability for pre-judgement.
Joe Charlton says
Three characteristics that defined becarrias understanding of punishment is that it much be swift, certain, and severe. He believed that swift punishments play a large factor in deterring crime. Becarrias main goal was to completely change the criminal justice system. He did this by being one of the first people to stand against the death penalty. He was not a strong believer in torture, saying that it was not a proper form of punishment. His two theories were specific deterrence, which was referencing punishment given to someone in order to prevent crime. He also created general deterrence, which was a punishment given to stop someone from committing these crimes in the future.
Shiphra says
Posivitism is said to be a philosophical theory based on positive knowledge being achieved through investigation. Positivism rejects intuitive knowledge and rejects knowledge based on theology. Lombroso the father of modern criminology created a theory of “born criminal” that dominated the thinking of criminal behavior in the late 1800s and 1900s. Lombroso studied skulls of criminals to show that they were born with certain marks or even things with the body which I think was pointless. Many people have marks and additional notches on their skull or body but they’re not all evil criminals. I think criminals are developed not naturally born due to society, cultural, historic influences and many more. Museums like the Limbroso museum does help current and future investigations of criminal development and even criminal history. Lombroso’s study was very fascinating and is still helpful today.
Aniya Vaughn says
Beccaria’s philosophy had great intentions to bring criminals to justice. But obviously society twisted his ideas over time and now the idea of the death penalty is unfair. Most people who are on death row are poor people. This is clearly injustice. The criminal justice system needs a refresher on what his original philosophy was because they clearly have it all mixed up. Beccaria believed that the more severe the crime, then the more severe the punishment. But in some cases this idea isn’t properly distributed and the world refuses to faces the hard truth of this. If this idea was distributed properly, it is a possibility that the death penalty will frighten people away from committing these severe crimes more than it is now. It’s also a possibility that these people who commit these severe crimes have this idea in their head that they can get away with the crime due to their chances of being on death row. Long story short, the world needs to be reinformed about Beccaria’s original idea of punishment.
Rachael Palmer says
Beccaria focused on how punishments should be swift, certain, and severe. His opinions on swift punishments, is the best way to get rid of certain crimes. Beccaria focused on how citizens must follow certain policies in order to receive protection from the government. Societies belief that “we are innocent until proven guilty” came from Beccaria. Beccaria opinions/philosophies has impact on our Constitution and deterrences of crime. He also believed that we should not be torturing defendants, this I believe in as well. When Beccaria said that “proper punishment should fit the crime”, i agreed with that opinion because if we get correct punishments for certain crimes then that could help prevent those same crimes from happening again. Some points from Beccaria I agree with, but other points I do not.
Andrea Ghiloni says
The three characterstics of Beccaria’s understanding is it must be swift, certain, and severe. The enlightenment period was influenced by Beccaria because of the principle of human reason see in the Enlightment. Beccaria used punishment as a crime so that people don’t do crime in the future. So that, that way people know how bad their crime was. He influenced the criminal justice system by putting his ideas into the constitution. He is the reason why people have the rights that they do today. This is important that way thay people have a way to prove they are innocent sooner. Beccaria thought that punishment was a more effective way of making people not commit a crime because it made people understand the risk that they would be taking to commit a crime. I thought that it would because it would be a horrible punishment to face. Beccaria thought that the punishment should fit the crime and that means that the worse the crime is, the more severe the punishment would be.
Gustavo Delgado says
Becccaria’s philosophy was that punishment must be swift, certain and severe. He believed it was the most effective way to prevent crime. He did not believe in torture. Beccaria has impacted our modern day laws with his ideas.
Alexandra Martell says
The three characteristics that define Beccaria’s understanding of punishment are that it must be swift, certain, and severe. He advocated swift punishment as the best form of deterring crime. The influence of the Enlightenment philosophy brought upon Beccaria was to completely change the justice system in America forever. Beccaria influenced the criminal justice system itself by being one of the first people to take a stand against the death penalty, and claimed that it violated social contract. Beccaria was not a strong believer in torture, for he thought it was useless and not the proper form of punishment to someone who has broken the laws. His view on the relationship between crime and punishment reflects in his deterrence theory beliefs. He created two theories, specific deterrence and general deterrence. These two differ between specific deterrence referring to punishment given to an individual that is meant to prevent the individual from committing the crime again, and general deterrence, being a punishment given to prevent potential offenders from committing the crime again. Beccaria made a very large impact to the United States criminal justice system during the enlightenment that will last for many years to come, and will forever change the system in many ways as well.
Nisa DeFelice says
Looking through the article , the three characteristics are swift , certain , and severe. The enlightenment philosophy influenced beccaria because he believed that citizens should give up the right in exchange for the protection of the government. Beccaria influences the U.S criminal justice system by focusing on his time , the ability to make rational choices about committing a crime. Beccaria had a lot of thoughts about torture, but he more so didn’t think that torture or the death penalties were technically necessary. Beccaria thought the proper relationship between crime and punishment was that using torture was useless and horrible . He also believed that the punishments should match the crime . Beccaria believed that punishment should be used to stop crimes rather than be used as an act . He was the type of man that seen the punishments for the crimes should fit the crimes. He was a firm believer that the suspect is innocent until proven guilty. In conclusion , beccaria is still known as one of the most susccesful philosopher of all time because of all of his beliefs.
Charles Goff says
The three characteristics that defined Cesare Beccaria’s understanding of punishment were that punishment must be swift, severe and certain. Beccaria advocated for swift punishment as the best way to deter crime. He was great thinker and was influenced by the enlightment philosophy. Beccaria emphasized the social contract citizens must agree to in exchange for protection from their government or state. Beccaria’s influence on the U.S. criminal justice system is evident with our belief that accused are “Innocent until proven guilty”. His influence is also seen in our right to a speedy trial, and right to a trial by jury. Beccaria’s philosophies had a major impact on our Constitution and our model of deterrence. Beccaria believed torture was useless and evil. He believed proper punishment should fit the crime, and prevent further crime.
Nick Krevo says
Beccaria was influenced by the enlightenment philosophy in three different ways in which helped him to develop the three characteristics of proper punishment. The three characteristics were that punishment must be swift, certain, and severe. These characteristics are what helped to form a proper system for those who did wrong in the eyes of society. Society was formed to create an easier life for those who had to fend for themselves before society was an option. This was a very smart idea, but came with the cost of letting go of the amount of freedom they had previously been used to living with. Many high level officials of different governments have had similar views as Beccaria when it came to punishment, and have since acclamaited his ideas to fit those of their modern societies within each country or area. This being said, Beccaria is still known as one of the most successful philosophers of all time because of his beliefs and how he thought they should be practiced.
Angie Nylander says
The three characteristics of Beccaria’s understanding of punishment is that punishment must be swift, certain, and severe. The Enlightenment philosophy influenced Beccaria because of the principle of human reason seen in the Enlightenment. Human reason was shown in Beccaria’s understanding of punishment because he used punishment as a way to try to make sure crime does not happen in the future. This is him trying to appeal to human reason by trying to make people realize how severe their crime is. Along with being influenced, he influenced the U.S. criminal justice system by incorporating his ideas into the constitution. He is the reason why people have the rights that they have today. I did not know that Beccaria was the reason why people have the right to a speedy trial. This is important in people’s lives because it allows people to prove they are innocent faster than waiting in a jail cell for longer than they need to. Beccaria thought that torture was not effective and it was evil. Beccaria thought that punishment was a more effective way of making people not commit a crime because it made people understand the risk that they would be taking to commit a crime. Talking about the death penalty, the death penalty did not make people not want to commit a crime. I did not know that the death penalty does not deter people from committing a crime. I thought that it would because it would be a horrible punishment to face. Beccaria thought that the punishment should fit the crime and that means that the worse the crime is, the more severe the punishment would be.
Hailey Barna says
What are the three characteristics that define Beccaria’s understanding of punishment? Beccaria believes that 1. Punishment must be swift, 2. Punishment must be certain, 3. Punishment must be severe.
How did Enlightenment philosophy influence Beccaria? Beccaria believed that citizens should give up the the rights in exchanged for the protection of the government or state
How did Buccaria influence the U.S. criminal justice system? Beccaria focused his time on free will and the individual ability to make rational choices about committing a crime
What did Beccaria think about torture? He didn’t think that torture and the death penalty were necessary or ethically appropriate.
What did Beccaria think was the proper relationship between crime and punishment? Beccaria thought that using torture was useless and evil. He also believed that the punishment should match the crime. Beccaria also believed that punishment should be used to prevent crime rather than be used as an act or for vengeance. Innocent until proven guilty
Casey Oliver says
Torture is the action or practice of inflicting severe pain on someone as a punishment or to force them to do or say something, or for the pleasure of the person inflicting the pain. Torture was used as a means of reform, spectacle, to induce fear into the public, and most popularly as a punishment for treason. Medieval torture devices were varied. Physical torture can affect the brain, too. But by itself, “psychological torture undermines the very ability to think, and it doesn’t leave any marks,” said psychologist Steven Reisner, a co-founder of the Council for Ethical Psychology, who has criticized health providers’ involvement in the interrogations(pbs.com). Cesare Beccaria thinks that torture is cruel. He thought punishment should be used to prevent crime. He also thought torture was a tool used for vengeance, which when said bluntly is frowned upon. He thought the punishment for the crime should fit the crime. He was also a firm believer that the suspect is innocent until proven guilty in the court of law.
Daniel Domiano says
The three characteristics that define Beccaria’s understanding of punishment is that the punishment must be swift, certain, and severe. Before Beccaria, punishment was very torturous and the people that got the punishment didn’t even have a chance to defend themselves because “innocent until proven guilty” was not used back then. I never knew that justice was based off of superstition before the enlightenment times and that really threw me through a loop. The enlightenment philosophy influenced Beccaria to believe that citizens must give up rights in exchange for protection from the government or state. Beccaria influenced the U.S criminal justice system by arguing that capital punishment wasn’t a useful deterrent and it wasn’t ethically appropriate for the state to take the life of any citizens. Ethics play a huge role in capital punishment because the punishment should always fit the crime. Beccaria thought that torture violated the social contract and that it negatively reflected on the government because it set a bad example for society and it didn’t deter crime. Beccaria thought that the proper relationship between crime and punishment was that once someone commits a crime then they should be punished to prevent the crime from happening again.
Alyssa Kennedy says
Beccaria’s set of understandings on punishment had 3 component; punishment must be swift, severe and certain. As Beccaria stated, the best way to prevent crime was with swift punishment. He also felt like torture was useless and evil. I agree with that theory because nothing good comes out of torture, it will only make things worse.
Beccaria was a strong in the enlightenment. he was influenced by it as well with others.
Beccaria is known to be the father of the Classical School of criminal Justice. There are many ideas of Beccaria’s that are used in the United States. His model of deterrence was incorporated into the U.S. Constitution. As well as the idea of the right to speedy trial. Beccaria also thought that the punishment should fit the crime. I agree with that because no one should get the death penalty for stealing a bag of chips. The level of severity should match.
Michael Vogel says
This article highlights a brief overview of the beginning of criminology. According to the article, the enlightenment in the 18th century set the standard for crime and punishment. The enlightenment revolutionized modern philosophy and built upon the rules of crime, politics, and society. It questioned the ethics and harsh punishments that were being placed and really set the tone for a structured and fair criminal justice system. Cesare Beccaria was one of the early pioneers of economics and criminology. His ideas and morals based punishment under three different characteristics. The characteristics that he stood by were swift, severe, and certain. His motives stemmed from authoritarian government. This is a form of government characterized by strong central power and limited political freedoms. Under an authoritarian regime, individual freedoms have little power, and there is no constitutional accountability. In conclusion, Beccaria believed that punishment should be fair and effective, but not torturous.
Sav Simm says
John Locke had a very interesting idea about punishment and society and he perfectly described why we have rising mass incarceration rates today. People exchange their absolute freedom and let punishment fall in the hands of the government which is what got us in this mess in the first place. Of course it would be atrocious to expect all of society to be allowed to punish the guilty however the government has taken advantage of their role in this part is society. This theory goes all the way back to the early 1600s and it is still occurring today in the 2000s. The United States is struggling with the extreme numbers of people who are being locked up daily for petty crimes that could be handled differently. It’s been over 400 years and this theory still applies to us today. Michelle Alexander’s book The New Jim Crow explains society’s new caste system which has been structured for a very long time and hasn’t changed. Although their have been many triumphs for making a more equal society, their is still a lot of bias and disproportionately within the criminal justice system. History always repeats itself and if we don’t change our laws then it will never stop occurring.
Evan Miller says
Becarria put forth some of the first arguments against the death penalty. He had a very large impact on toward criminal justice of the United States, he was against the use of torture and capital punishment. he believed that freewill is what influences people to make decisions. also he was a key contributor to biological positivism.
Riley McCallister says
Three Characteristics that that define Beccaria’s understanding of punishment is that punishment must be swift, punishment must be certain, and punishment must be severe. The Enlightenment philosophy is available in many of Beccaria’s works and thinking processes. Which further lead him to believe that citizens must give up rights in exchange for protection from the government or state. Beccaria’s best work was known as his treatise: On Crimes and Punishments, which condemned torture and the death penalty. He argued that capital punishment was neither useful as a deterrent, but it wasn’t necessarily appropriate for the state to take citizens lives. His theoretical model of deterrence was incorporated into the U.S. Constitution. Beccaria’s reforms focused on free-will and the individual’s ability to make a rational choice about committing a crime although he states that he condemns torture. Beccaria thought the proper relationship between crime and punishment was that if a crime is committed then a person should be punished in order to further prevent it. He believes it should be enough to justify the level of crime committed.
Brendan C says
Cesare Beccaria was an Italian economist and criminologist. His three characteristics for punishment are swift, severe, and certain. The best form he believed was swift punishment. However, Beccaria also advocated against capital punishment due to it not being an effective crime deterrence. Beccaria also believed that citizens must give up certain rights in exchange for protection from their government or state. This way of thinking is directly related to enlightenment philosophy. The United States criminal justice system has elements of Beccaria’s ideas. Due process, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and public trials are all Beccaria’s ideas.
Jonathan Preece says
Beccaria, who was a significantly popular criminologist and economist in Italy, supported swift and certain consequences in the realm of crime. He mainly focused on just punishment and free will. It can be presumed these ideas stem from the authoritarian government at Beccaria’s time. He condemned the death penalty and torture in 1764 with his Treaties on Crimes and Punishments. In fact, the US constitution adopted Beccaria’s idea of deterrence in the criminal justice system. Those familiar with the constitution may relate such adoptions like speedy trial and trial by jury. Beccaria focused mainly on free will and just punishment. This means that he condemned torture, making it unjust and aimless to come to resolution in the system. Therefore, Beccaria made it clear that punishment should be effective enough to prevent crime and justify the level of crime , yet not be torturous.
Tanhal Christian says
Cesare Beccaria, who was a prominent Italian economist and criminologist, advocated for swift punishment as the best form of deterrent to crime. His treaties on Crimes and Punishments, during 1764, condemned torture and death penalties. He opposed capital punishment and argued that it’s not useful as a deterrent and unethical to take the life of any of the town’s citizens.
Characteristics that define Beccaria’s understanding of punishment:
1. Punishment must be swift
2. Punishment must be certain
3. Punishment must be severe
Cesare Beccaria’s works related to philosophy that emphasized social contract among other important ideas. He also believed that citizens must give up rights in exchange for protection from their government or state.
Cesare Beccaria’s philosophy had a major impact on US. Constitution. The U.S. Constitution adopted Beccaria’s propositions and theoretical model of deterrence. For example, characteristics of his model were due process right, right to a speedy trial, right to a trial by Jury, and right to confront and cross-examine witnesses. In addition, all trials be public and the public should be informed of all decisions.
According to Beccaria, punishment should be effective to prevent crime; it should not be in the form of torture and evil. It should be effective enough to justify at the level of crime.
Seli Awoonor says
Beccaria was an Italian economist and criminologist who focused studies on individual free will and an individual’s’ ability to make rational choices in regard to committing crimes. The ideas of enlightened philosophy are evident in Beccaria’s recordings. For example as the text states Beccaria believed in social contract; such that, citizens surrender rights in exchange for protection from government or state. The three characteristics of Beccaria’s understanding of punishment must be swift, certain, and severe.
Seli K Awoonor says
Beccaria was an Italian business analyst and criminologist who concentrated investigations on singular through and through freedom and an individual’s’ capacity to settle on objective decisions with respect to perpetrating violations. The thoughts of illuminated rationality are obvious in Beccaria’s chronicles. For instance as the content states Beccaria put stock in social contract; with the end goal that, subjects surrender rights in return for security from government or state. The three attributes of Beccaria’s comprehension of discipline must be quick, certain, and serious.
Meredith Mcauley says
The classical age in the criminology school focused on the theme of behavior as the product of individuals’ free will. The father of the classical age was Cesare Beccaria; an Italian economist, lawyer and criminologist. Beccaria focused studies on individual free will and the ability of individuals to make a rational choice about committing a crime. According to Beccaria’s his understanding punishment became known that punishment be swift, certain and severe. As evident in the recordings and knowledge of Beccaria, enlightened philosophy was an influence. For example, he believed in social contract, and that citizens must give up or surrender rights in exchange for protection from government or state. His thoughts and knowledge impacted the U.S criminal justice system, specifically the U.S Constitution. His emphasis on due rights, right to a speedy trial, right to trial by jury and right to confront and cross-examine witnesses and requirement that all trial be public and public be informed of decisions were in accordance to Beccaria’s thoughts and knowledge. In regard to torture Beccaria thought that it was useless and evil. He believed the use of capital punishment violated social contract as well as it reelected on the government in negative manners. Proper punishment of crime should fit, and prevent further crime. Ultimately he was saying that severe punishment such as torture or death did not correlate with proper government procedure of law.
Meredith Mcauley says
Cesare Beccaria was the father of the classical age in the school of criminology. As the text states behavior is the product of individuals’ free will; Beccaria was an Italian economist and criminologist who focused studies on individual free will and an individuals’ ability to make rational choices in regard to committing crimes. The ideas of enlightened philosophy are evident in Beccaria’s recordings. For example as the text states Beccaria believed in social contract; such that, citizens surrender rights in exchange for protection from government or state. Within time, his thoughts impacted the U.S criminal justice system especially the U.S Constitution. Specifically he put emphasis on the due rights process, right to a speedy trail, right to trial by jury, right to confront and cross-examine witnesses, and requirement that all trials be public and public be informed of decisions (Criminology text). In regard to torture Beccaria thought it was useless and evil. He believed the concept of crime and punishment violated social contract as well as it reflected negatively on the government. Ultimately he thought concepts of severe punishment did not correlate to proper government procedures.
Daniel Hayman says
Cesare Beccaria was against torture in terms of punishment for a crime. He believed that it was cruel and useless, and that it was used more for vengeance than for punishment of a crime. He is quoted saying, “Torture is a sure means to absolve robust villains and condemn weak innocent men.” What this essentially means is that the strong will withstand the torture, and thus be “proven” innocent even if they are truly guilty, and the weak will not withstand the torture, and likely confess for a crime that they did not commit just to end the suffering. Beccaria believed that the punishment should fit the crime, and torture never fit the crime.
Lauren Johnson says
The three characteristics of Beccaria’s understanding of punishment are punishment must be swift, punishment must be certain, and punishment must be severe. While reading this part of the site, I found it to be very interesting how different people during this time period viewed crime and punishment. Up until the section about Beccaria, it seemed like everyone believed in a punishment style that was very harsh and torturous, and did not give people the option to fight for themselves. Innocent until proved guilty was not a commonly practiced way of discipline, and people were chosen to be criminals based on superstition or just because someone blamed them for something. The three characteristics that Beccaria used to understand punishment was the beginning of the criminal justice system we see today. Another important belief Beccaria had that most influential characters before him did not, was the idea that punishment should be reasonable and used not as an act of vengeance but to prevent crime. Also, Beccaria was the first person to argue against the death penalty, because punishment with death did not prevent crime, but it created an atmosphere where people abused their power and the death penalty was too commonly used to actually be effective.
Amanda Larson says
The three characteristics of Beccaria’s understanding of punishment must be swift, certain, and severe. His ways of thinking were influenced by the Enlightenment philosophy due to emphasizing social contract and believed that citizens must give up their rights for protection. Beccaria had a huge influence on how the criminal justice system should function and operate. He believed that everyone is innocent until proven guilty. Beccaria felt that torturing someone who committed a crime was useless and evil and the death penalty violated social contract. He thought that the proper relationship between crime and punishment was to choose the punishment that would fit the crime.
Arlen Roberts says
Three characteristics that defined Beccaria’s understanding of punishment is being swift, certain and severe. The way the Enlightenment philosophy influenced Beccaria was it made him put forth the first arguments against the death penalty. The way Beccaria influenced the criminal justice system was “Beccaria’s propositions and theoretical model of deterrence was incorporated into the U.S. Constitution.” Beccaria felt that torture was “useless and evil. Beccaria thought that the proper relationship between crime and punishment was that punishment should be used to prevent crime and that the punishment should fit the crime.
Arlen Roberts says
Beccaria had a view points on punishment. His reforms focused “Individual’s ability to make a rational choice about committing a crime, after giving consideration to the chance they might be caught and punished.” “Beccaria advocated swift punishment as the best form of deterrent to crime.” Beccaria believes in maximum punishment. “His best-known work was his treatise On Crimes and Punishments (1764), which condemned torture and the death penalty.”
Nikhil Mehta says
During the time in which Cesare Beccaria was alive, punishments for crime were often quite severe. Authoritarian governments of the time had little mercy for criminals and were usually irrational in their conviction and punishment processes. Although having been surrounded by an unjust criminal justice system, Beccaria’s views regarding criminals and punishment were novel for the time. He specifically believed that punishment should be severe, swift, and certain. Upon first glance, these characteristics seem similar to what societies of the past employed. Punishments were barbaric, usually involving some form of torture before death. They were often carried out as quickly as possible, and more often than not resulted in death. The biggest difference with Beccaria’s perspective, though, is that he is pushing these characteristics as the foundation for deterrence. With punishments being severe, he believes they should be severe enough to deter people from committing such a crime. But, he also believes that in the vast majority of cases, it should not end in death. By saying that punishment should be swift and certain, Beccaria see’s consistent punishment carried out in a timely fashion as a major force in deterrence. The punishment should be severe and consistent enough to deter susceptible people from committing that crime, without completely devaluing human life with torture and execution. These three characteristics truly do lay the foundation for an effective punishment system in modern societies. By eliminating irrational thought and church controlled punishment, we are able to better control what happens in our society without completely compromising our humanity.
Connor Northrop says
1.Three characteristics that Beccaria that should be involved in punishment are:
swift
certain
severe
2. The enlightenment effected Beccaria and caused him to work on social contracts and thought.
3. He influenced the US criminal justice system greatly, for example, he is the reason all trials start out the way they do. Innocent until proven guilty.
4. Beccaria thought torture was useless and evil.
5.Beccaria thought that the crime should fit the punishment.
Kelsey McSorley says
Cessare Beccaria believed that punishment was;
-Swift
-Certain
-Severe
He thought that it shouldn’t be done just to get back at the person who committed the crime. Which means that the death penalty is not just ineffective but its also not morally correct. He believed that everyone should be considered innocent until proven guilty. He was a huge impact on the criminal justice system., and very much impacted the due process rights, right to a speedy trial, right to a trial by jury. right to confront and cross-examine witnesses, and required that all trials be public and that the public be informed of all decisions regarding the criminal justice system.
Heather Lucas says
Cessare Beccaria was an italian economist and criminologist who had strong beliefs when it came to punishment of criminals. Beccaria believed three characteristics defined his understanding of punishment. Beccaria believed that the punishment should be certain, swift, and it must be severe. Beccaria did not believe in torture nor the death penalty and he believed that by giving a criminal the death penalty, he would be just as guilty as the criminal and it reflects badly on the government. At the time, Beccaria viewed the death penalty and public executions as brutal and inhumane but others did not view it that way. Beccaria thought this way because the Enlightenment influenced him and how he thought. Beccaria was the backbone for how punishment is served today. Today there are not many death penalties and if there are, they are mostly private and not torturous. He was focused on the freewill of individuals and wanted to make sure that people had rights to a speedy and fair trial by jury.
Marlena M says
Beccaria believed that punishment should be SWIFT, CERTAIN and SEVERE. He thought that punishment should not be solely to get back at the person who has done the crime, but to prevent other people from doing it as well. This supported his idea that the death penalty is not only ineffective, but unethical as well. Beccaria saw the lack of correspondence between criminals knowing that they will be tortured and/or killed, and the deterrence from continuing to do a crime. To him, torturing a criminal was just as bad as doing the crime itself. Before and during this time period, the ruling powers believed that sinning was equivalent to committing a crime. This doesn’t seem to add up. Beccaria pointed out the hypocricy of the state, telling its citizens that killing is evil, and then turning around to kill its own citizens. The government proceeding with the death penalty set a bad example for its citizens.
We have to keep in mind that in those days, the death penalty was conducted much differently than it is today. Back then it was brutal and public. Barbaric. But we have come farther than that, using quicker methods, and keeping the event almost private. While I do support using the death penalty, I do in only SEVERE cases. Too many innocent men and women are convicted of crimes that they did not commit.
Another idea that Beccaria supported was that the punishment should fit the crime. This is hard to use as a universal rule because every society and culture is different. In some parts of the world, one can have their hands chopped off for theft, but not all countries view stealing in such a radical light. Here in the US, stealing constitutes a fine, it is seen as a petty crime.
Ryan Worrell says
There are three characteristics of Beccaria’s input on punishment and that is punishment should be swift, certain, and must be severe. He felt as if the swift punishment was the most effective because the punishment must affect the crime so others can learn off of it. This man was basing crime off of a way of thinking and how to handle it. He had a great impact on criminal justice and with his disbelief in the death penalty, he thought that to have the correct relationship with crime and punishment things must be thought out.
Nathalie De La Cruz says
Three characteristics that define Beccaria’s understanding of punishment are that punishment must be swift, punishment must be certain, and punishment must be severe. He believed that punishment should be put into place in order to prevent crimes from occurring. Enlightenment philosophy influenced Beccaria through the theory of social contract. He was a strong believer in the idea of citizens having to give up rights in order to gain protection from the government. Beccaria influenced the U.S. criminal justice system. Many of his theories and beliefs are still incorporated in the system today. He emphasized on the right to a speedy trial, right to a trial by jury, et cetera. He fought and informed people about many of the things we follow and think as normal today. Beccaria thought that torture was useless and evil. An idea that many people support today.
Chelsea Guina says
The three characteristics that define Beccaria’s understanding of punishment are that it must be swift, severe, and certain to be effective. He also believed that punishment should be used to prevent future crime instead of torturous. Enlightenment philosophy influenced Beccaria because he believed citizens should give up some of their rights to protect the state and government. He influenced the U.S. criminal justice system because he believes that people are “innocent until proven guilty”, something we still go by everyday. He thought that torture was useless and evil and shouldn’t be used as a way of correction. Cesare Beccaria thought that people who have committed crimes must be sentenced a truly effective punishment to better themselves and prevent similar crimes from happening in the future.
Jamie Masullo says
Beccaria grew up in the time of the Enlightenment. His beliefs were strongly influenced by these philosophers. Beccaria had three fundamental beliefs regarding punishment. Punishment must be swift, severe, and of certainty. He felt that in order for punishment to be effective it must be greater than the potential benefit of committing crime. Swiftness was important in deterring future crime. Becarria coins too kind of deterrence, general and specific. General deterrence ensures the prevention of crime. On the other hand specific deterrence is designed to prevent and individual from repeating criminal offense. Punishment should not be a vengeful act, but used as a prevention method. Becarria felt the use of the death penalty violated the social contract theory. A government partaking in this would set a poor example for society. His propositions and theories were incorporated into the US Constitution. We owe many rights in regard to the current Justice System to Beccaria.
Dillon Giadosh says
Beccaria defined his understanding of punishment with three main characteristics; punishment must be swift, certain, and severe. Beccaria was philosophy influenced by the Enlightenment period and is arguably considered to be one of the greatest philosophers of his time. Beccaria influenced the current criminal justice system in the United States because many of the founding fathers of the U.S. shared similar values found in the Constitution and in many of Beccaria’s works. Beccaria believed that everyone should be considered innocent until proven guilty, and was one of the first prominent figures to advocate against capital punishment and torture, particularly regarding the use of the death penalty. Beccaria also believed in the simple relationship that the punishment should fit the crime.
Jessica Meyer says
The Enlightenment period brought forth a cultural movement that influenced the criminal justice system forever. The enlightenment philosophy influenced the Italian economist and criminologist, Cesare Beccaria. He decided that the justice system was unwarranted and needed revising. His ideas emphasized free will and the social contract. He believed that in order to gain protection from the government or state, citizens must give up certain rights. This thought was derived from the enlightenment. Beccaria’s understanding of punishment has been divided into three characteristics: Punishment must be swift, punishment must be certain, and punishment must be severe. His ideas on torture were that it was useless and evil, in addition to being punishment should be used to prevent crime, rather than be used as an act of vengeance. He believed that the relationship between crime and punishment should have the idea of deterrence in them. He recognized that for a punishment to be truly effective, it must contain a deterrent. He classified the deterrents by specific and general, which for the basis of modern day sentencing strategies. Beccaria’s ideas have been implanted into the justice system in the U.S. today, and many other parts of the world. His ideas are in the U.S. Constitution. In addition, his ideas of due process, rights to a speedy trial, trial by jury, right to confront and cross-examine witnesses, and right that all trials be public and the public be informed are all owed to Beccaria himself.
Nathan Christman says
Beccaria believed that crime should be punished in a swift, certain, and severe. Thus would deter crime because of clear and deserving punishments for such actions. While he also believed that capital punishment was not ethical or useful in society. He also believed it reflected poorly on the government and society as a whole.
Beccaria emphasizes the enlightenment philosophy and it shows to have had a huge impact on him. Beccaria shows great importance towards the social contract, and is a huge advocate for this in his works. He also said and believed that citizens must give up some of their rights in order to have protection from the government.
The United States justice system his greatly influenced by Beccaria and his works. His work paved the way for fair trial, due process, and innocent until proven guilty, jury of peers, and the ability to cross examine and question witnesses, and that all trials are to be made public and that the decisions are made public as well to secure fairness for all.
Beccaria believed that torture was evil and unnecessary. He believed and taught that the punishment should fit the crime, rather than torture be used as a tool of vengeance.
Beccaria believed the punishment for a crime committed should fit together, and that the punishment be just harsh enough to deter actions rather than to scar or torture the criminal.
Eric Gale says
Everyone has there own ideas of what they think is right and what’s wrong. So nobody is really right and nobody is really wrong when it comes to there views on this subject. Beccaria had his views on what punishments should be. His three characteristics were a Punishment must be swift, must be certain and must be severe. This all being said Beccaria a fan of torture because torture goes against those three characteristics of a punishment. Beccaria has been very influential in the modern day criminal justice system. Beccaria has helped the criminal justice system to be based off of rational ideas. Beccaria believed that for a punishment to be effective it has to work on the specific crime that was committed or be so severe that it makes an impact on the whole public. He wanted punishment to prevent crime not to be away to get back at the person for committing it. All this being said Beccaria did not believe in the death penalty.
Sheillyn Cruz says
After reading this post, I learned that the three characteristics that define Beccaria’s understanding of punishment include: that punishment must be swift, punishment must be certain, and lastly that punishment must be severe. Also, we learn that the enlightenment philosophy is shown through Beccaria due to the way he emphases the social contract among other important ideas. He also did believe that citizens must give up their rights in exchange for protection from government or state. He also had a huge impact on the criminal justice system, he heavily emphasized due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross- examine witnesses, and the requirement that all trials be public and that the public be informed of all decisions regarding the criminal justice system. Though, Beccaria was also against torment and capital punishment. Lastly, Beccaria believed that punishment should be used to prevent crimes rather than to be used as an act of vengeance. He stated that the punishment should fit the crime. He believed that everyone is innocent until proven guilty.
Madison Kessler says
Beccarias three characteristics for punishment were punishment must be swift, punishment must be certain, and punishment must be severe. The enlightenment period is seen in his beliefs because he believed that citizens must give up some of their rights in exchange for protection from the government. Beccaria believed that torture was evil and useless. He believed the use of capital punishment violated the social contract, thought it reflected negatively on the government, and it often failed to deter crime. He believed that everyone and the right to a speedy trial, right to a trial by jury, right to cross examine witnesses, and the that all trials must be public. He believe that crime and punishment should be in relation with one another, so death as a punishment for charges of drug possession do no equal each other so Beccaria would be against that.
Brianna Smith says
The enlightenment philosophy influenced Beccaria in multiple ways. One way was that he believed that citizens must give up rights in exchange for protection. That is an example of the social contract. Beccaria did not approve of torture or the death penalty. He believed that torture was not useful as a deterrent. He also did not believe that is was ethical to take a life from a citizen. Beccaria wrote a book called ” On Crimes and Punishments” in 1764. In this text he wrote many things about torture and the death penalty. The 3 characteristics that show Beccaria’s understanding of punishment are that punishment must be swift, must be certain, and must be severe. So even though he does not approve of torture he does believe that the punishment must be severe. But at the same time it must be certain, it must fit the crime that was committed. He does not want the state to give proper punishments to its citizens.
Mariah Vargas says
The three characteristics that define Beccaria’s understanding of punishment include: that punishment must be swift, punishment must be certain, and punishment has to be severe. In order to prevent people from commenting crime was to apply by these three steps of punishment. Whatever crime the criminal committed or how bad it was the penalty should match the crime. Beccaria is known as the father of the classical school of criminal justice. He believed that criminal justice should be thought into and analyzed. He created two theories, specific and general deterrence. Specific deterrence refers to punishment given to an individual to prevent the crime again and general deterrence is where the criminal is used as an example to prevent the rest of society from committing that crime. He felt that using torture methods were useless. The punishment for crimes should be to prevent crime instead of becoming an act. Without Beccaria’s and ideas the laws and benefits we have in the system today would not be.
Alexa Kolb says
Beccaria’s three characteristics of the understanding of punishment are the punishment must be swift, certain, and severe. He made sure to emphasize that the punishment will only be effective, if the criminal feels deterred from committing the crime. Beccaria was influenced by Enlightenment philosophy because he believed in the enforcement of order within society, which was specifically brought on by this era. Beccaria influenced the U.S. criminal justice system by his creation of the theoretical model of deterrence, his emphasis on all rights for citizens, and other propositions, all of which were written into the Constitution. He believed that capital punishment was a negative reflection of the justice system and government as a whole. Also, Beccaria thought of brutal and violent forms of punishment as a reflection on barbarism and gave society a harsh view of the justice system. Torture was “useless and evil” in his eyes, and punishment could only be effective if used to deter from crime, rather than vengeance. This brought on the idea of innocence until proven guilty. Additionally, the death penalty was not ideal according to his views and propositions. Beccaria thought that the proper relationship between crime and punishment was for the punishment to fit the crime. The punishment should prevent an individual from future committing of said crime. He also believes in enforcing an individual’s rights, as they are granted to keep them until proven guilty.
Julia Bookwalter says
Cesare Beccaria had an important role in the formation of the justice system. Beccaria believed that torture was useless and evil, he did not believe in using punishment for vengeance, and he believed a person is innocent until proven guilty. With Beccaria’s influences, he helped create a more equal justice system. He also created the idea that punishment should not be used as vengeance but instead help prevent the crime from occurring. Beccaria thought torture will not prevent a person from committing a crime so there is no use for it. Beccaria brought citizens more rights when it came to the legal system. This is still of importance today due to how Beccaria’s ideas and theories helped form our legal system today and the rights we are provided with.
Jake Weaver says
What are the three characteristics that define Beccaria’s understanding of punishment?
Beccaria advocated for swift, certain, and severe punishment as a deterrent for crime. He argued the idea that capital punishment was neither useful, necessary, or ethical.
How did Enlightenment philosophy influence Beccaria?
The enlightenment philosophy is shown through Beccaria in that he emphasized the social contract among other important ideas. On top of that he believed citizens must give up rights in exchange for protection from government or state.
How did Beccaria influence the U.S. criminal justice system?
He had a major impact on the governing of the United States. His emphasis on due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and the requirement that all trials be public and the public be informed of all decisions regarding the justice system are all rights we owe to Cesare Beccaria.
What did Beccaria think about torture?
Felt that using torture was useless and evil. Punishment should be used to prevent crime rather than be used as an act of vengeance. The punishment should fit the crime.
Innocent until proven guilty.
What did Beccaria think was the proper relationship between crime and punishment?
That they should fit one another
Sandra Trappen says
In the future, don’t list the questions. Just simply compose block paragraphs.
Ashley Tarullo says
Beccaria felt that punishment had to be three things, it must be swift, it must be certain and it must be severe. He believed that it should be used only for the prevention of crime, not for as he says “vengeance.” And I completely agree with this.I believe that in our society today, punishment is not used as it should be. If there is a white person who has been selling drugs, they will not get punished, but if black person is selling drugs they automatically get shot or sentenced for a very long time. It is utterly ridiculous and extremely wrong. This is why there are so many riots and movements happening. Alongside with the death penalty, it should not be used. You’re going to kill someone for killing someone, which is a crime, but then you’re going to go ahead and kill that person? Since when does killing people solve problems? It creates more! Beccaria is totally right when he says the death penalty reflects negatively on the government. Some people will obviously be for it, but just because people support it does not mean it is right. When someone is killed they think “their family must be devastated” but what about the criminals family? Just because they are a criminal does not mean they do not have family members that care for them just as much as the victim. Instead of killing they should be helping them not commit the crime. I am not saying let them walk because after all they did kill someone, but if you’re killing them for murder, aren’t you just as bad as they are?
Max Elliott says
1. The three characteristics that define Beccaria’s understanding of punishment include: that punishment must be swift, punishment must be certain, and lastly that punishment must be severe. 2. Beccaria was influenced by the enlightenment philosophy considering it is very apparent in his works and way of thinking. Beccaria emphasized the social contract among other important ideas. He believed that citizens must give up rights in exchange for protection from the government or state. 3. He had a huge impact on the criminal justice system, he heavily emphasized due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross- examine witnesses, and the requirement that all trials be public and that the public be informed of all decisions regarding the criminal justice system. Because of his impact these rights are now enforced today in the criminal justice system. 4. He felt as though torture was useless and evil. 5. He believed that punishment should be used to prevent crime rather than to be used as an act of vengeance, the punishment should fit the crime, and lastly he believed that everyone is innocent until proven guilty in a court of law.
Julia Morgan says
Beccaria had 3 main characteristics of punishment and they were that punishment must be swift, certain and severe. He felt that using torture was pointless and downright evil. Beccaria also believed that punishment should fit its crime, and that it should be used as a method to prevent crime rather than retaliation. Lastly, he believed that everyone was innocent until proven guilty. Beccaria also felt that in order for punishment to be effective it must have a deterrent effect on people. He created the specific deterrence, and the general deterrence, and these were concepts he wanted people to distinguish between. Punishments given to a person that was meant to prevent the person from committing the same crime in the future is called specific deterrence. General deterrence is punishment that is used to prevent potential people in society from committing a certain crime in the future. Beccaria also did not believe in the death penalty.
Miranda Tretter says
I tend to agree with the more humanitarian approach to punishment, much like criminologist and theorist Cesare Beccaria. Beccaria did not believe in such things as torture or capitol punishment, and rightly so. I personally find governments who enforce torture or the death penalty to be hypocritical and ignorant. How is is just for a government to kill people for killing people because killing people is wrong? Can’t those who are in charge of the system see the irony of their practices? Instead, I’ll suggest that the best case scenario of punishment is to aim for rehabilitation, and eventually become a productive member of society. Beccaria suggested three characteristics of effective punishment; it must be swift, certain, and severe. The most remarkable example of a prison system I am aware of combines all three characteristics of punishment, as well as free education, habitable cells, respectable treatments to the inmates- there is genuine compassion for the inmates and a want to grow as a society and correct misbehaviors. Prisons like this do not exist here in the United States, but are the norm for Sweden. Perhaps one day our government can remove its blindfolds, and be less ignorant to the possibility that there are more successful systems out there instead of sticking to a broken one. Beccaria would very much agree with this system
Joshua Boyer says
Cesare Beccaria had many different viewpoints than other people at the time he was alive. One topic that he had differing opinions was torture. He felt that torture was useless and evil. Beccaria wanted to have punishment that would prevent crime or diminish crime. He believed punishment should be used to prevent crime rather then get back at someone for doing a crime. He also believed this when torture was very prevalent in society. Beccaria also heavily influenced the U.S criminal justice system that we have today in modern times. He believed that during the justice process there should be rights such as right to a speedy trial, right to a trial by jury and to confront and examine witnesses. These rights are now cornerstones for today’s government. These viewpoints were not prevalent in Beccaria’s time when the death penalty was everywhere. So to take these views and stand by them, has helped our society as a whole, move in the right direction.
Zaire Caraway says
The three characteristics that define Beccaria’s understanding of punishment were that punishment bust be swift, certain and punishment must be severe. Beccaria felt that torture was useless and evil.I agree with both of these theories, I think that torture will not do anything but make things worse. He thought that swift punishment was the best way to prevent people from committing a crime. The Enlightenment philosophy influenced Beccaria by making him believe that citizens must give up rights in exchange for protection from the government or state. Beccaria left a major impact on our justice system. He is the reason we have due process rights, right to a speedy trial, right to a trial by jury, right to confront and cross-examine witnesses, and the requirement that all trials be public and the public be informed of all decisions regarding the justice system .
Kevin Nyce says
Beccaria’s three characteristics of punishment were punishment must be swift, must be certain, and must be severe. He said that for punishment to be truly effective, it must deter the people that decide to commit crimes. Beccaria was influenced by the Enlightenment thinkers like John Locke and David Hume because of their empiricist account of human nature. Locke believed punishment as a means of repairing the social order, and Beccaria agreed with him. The ideas Beccaria put in place set how the U.S. criminal justice system works. He believed that the ultimate punishment would reflect negatively on the government because he felt like it was barbaric, to instead turn to rational principles. Today, the U.S. Criminal Justice System still uses the death penalty, but only in the most severe cases and the time it takes to decide that fate takes a very long time. That is why we have death row. Beccaria believed that the more severe the crime, the more severe the punishment should be, which is pretty much how our system works.
Lauren Reyes says
1) The three characteristic of Beccaria’s comprehension of punishment was Punishment must be swift, certain, and severe. Beccaria saw quick discipline as the best shape to keep a crime. Beccaria felt that for a discipline to be powerful it must have an effect on the criminal.
2) The enlightenment philosophy affected Beccaria and others. The edification was a mindset. Beccaria worked among social contracts and thoughts.
3)Beccaria impacted the criminal equity framework emphatically. He is known as the father of the classical school of criminal justice. Beccaria proposed that criminal equity should base off of discerning thoughts and be considering.
4) Beccaria was against torment and capital punishment.
5) He trusted the best possible connection amongst crime and discipline was better approaches for considering and no discipline.
Lindsey Bohn says
Cesare Beccaria was a prominent figure during the Enlightenment. He is known for being an economist, ecologist, and the father of the Classical School of Criminal Justice who influenced many people during the time period. Beccaria came up with three characteristics to define his understanding of punishment; Punishment must be swift, certain, and severe. He also believed that citizens should surrender their rights in order to receive protection from the government and state. Beccaria believed that for punishment to be effective, it must have a deterrent effect on the criminal apprehended. He developed two theories, specific and general deterrence. While they are similar, specific deterrence refers to punishment given to an individual to prevent them from committing that crime again and general deterrence is where the criminal is used as an example to prevent the rest of society from committing that crime. He felt that using torture methods were useless and evil, punishment for crimes should be to prevent crime instead of becoming an act of vengeance, the punishment should fit the nature of the crime, and everyone is innocent until proven guilty. All of his ideas and theories influenced the U.S. criminal justice system today. Without his impact on society, we would not have the rights we do.
Alex Herring says
The three characteristics of Beccaria’s understanding of punishment were Punishment must be swift, punishment must be certain, and punishment must be severe. Beccaria saw swift punishment as the best form to prevent a crime. Beccaria felt that for a punishment to be effective it must have an affect on the criminal. The enlightenment philosophy influenced Beccaria and others. The enlightenment was a way of thinking. Beccaria worked among social contracts and ideas. Beccaria influenced the criminal justice system very positively. He is known as the father of the classical school of criminal justice. Beccaria suggested that criminal justice should base off of rational ideas and thinking. Beccaria was against torture and the death penalty. He believed the proper relationship between crime and punishment was new ways of thinking and no punishment.