The Classical School of Thinking - Criminology

Crime in legal terms can be defined as a breach of the law in concurrence with damage inflicted upon others. Without the law, there would be no crimes.

The classical liberal conception came about during the 18th and 19th century when the first signs of justice systems were evident. The main idea encompassing this concept involved an individual's freedom of rationality in conjunction with their behaviour to achieve the outcome of a person's criminality also known as homo economicus (individuals are subjective role players who acquire the skill to satisfy their personal needs through thorough criticisism). Classicalism legacies were rooted from the epidemic of the great depression which further impacted on the way the Justice system functioned. (Manktelow & Over 1998)

Cesare Beccaria was one of the first people to develop principles regarding "crime's cause and solution" (Pratt et. al 2011). His ideas formed the basis for researchers like Jeremy Bentham and shaped the foundations for what became the Classical School of Criminology, which was a period of influence for a hundred years or so, and is an essential part of criminal justice for most developed countries to date (Hagan 2010).

The principle of legal classlessness guarded the independence of the individual which assumed that all individuals had free will to ration and make decisions in their own interest. Moreover, this granted equal opportunities under the ruling. Although the general public acknowledged inequality between the classes, harmony could be attained by the means of utilitarianism; "the greatest happiness shared among the greatest number" (Lilly et. al 2007). The purpose of punishment is to stop criminals from committing a felony and in the interest of public safety. The deterrence theory states that everyone is rational with the freedom to knowingly evaluate the pros and cons of an action prior to committing the act (Lilly et. al 2007).

The three main factors that Beccaria felt were essential to enforce the deterrence theory and bettering the punishment of a crime are certainty, severity and promptness. His approach pushed the legal code movement which initiated penalties for criminals to alleviate inequality of punishments for delinquents. There was later recognition that the crimes committed by some offenders were miscellaneous and when ordering heavier sentences, judges were allowed to do so but with caution.

Consequently, retribution performs mainly on two points. It disciplines criminals, and also works to prevent criminals not to reoffend. Although, the public relations surrounding the tribunal and the opinion of the general public characterised by the verdict of a jury of peers, suggests a common paradigm to the community of the costs of committing a felony. If the criminal is frightened of alike prompt justice, the criminal will be less likely to commit an offence once again. (Shoemaker 2005)

Politicians brought forth punishments to operate as a prevention of criminality for the individual. The fair administration policy, under the law of equal treatment states that the individual must recognise liability for their acts and opt not to transgress. There had been a stress placed upon law enforcements to be definite, consistent, clearly evident and easily accessed.

Due process ensures that the laws and power of the state law is enforced, in addition to protecting the legal rights of the individual (Lainer & Henry 2004). This is also a modern justice policy that has been adapted