1/25/05
Tuesday, January 25, 2005
9:30 AM
Two Schools of Thought
-classical
-Beccaria and Bentham - reform Europe in the 18th century=
-influenced by social contract theorists of the Enlighten= ment
-we surrender some of our liberties in order to gain orde= r in society
-laws exist to ensure the maintenance of society
-because of these two concepts, punishment is appropriate= and justified
-also, because of the concept of equality, same crimes = =3D same punishment
-pg. 13 pt. 2: human beings are rational, have free will<= /p>
-punishment should fit the crime, not the criminal
-assumption 4: "the goal of punishment is the preven= tion of crime and secondly to exact retribution"
-positivist
-guiding principle: application of the scientific method = to the study of criminals
-science, not reason, should be the focus of the study of criminal behavior
-classical school stresses free will (cost/benefit crimin= al thought), positivists stress determinism
-point to environmental factors that determine behavior in general
-social structure
-social environment
-believe in multiple factor causation
-rehabilitation
***problem: who decides what the cause of the problem is?= ***
-political ideologies (Colin and Travis?)
-conservative thought: maintaining social order
-believe that laws are fair, equal
-criminals punished for breaking social contract
-technicalities should be minimized
-punishments ever-increasing to deter criminal behavior
-liberal thought
-central goals of society should be individual rights and equality for all
-inequalities in society can explain much criminal behavi= or
-overall goals should be social reform and rehabilitation= - alternatives to punishment
-radical thought
-inequalities in capitalist system
-crime is a result of those inequalities
-wealthy and powerful create the laws - determine what constitu= tes criminal behavior
-set up the system to maintain their power
-therefore, get rid of the capitalist system, move to socialist system - would get rid of much crime
-Packer reading (Herbert Packer): crime control vs. due process
-there are two competing models of criminal justice: crime control and due process
-due process model
-1960s - the Warren Court announced a number of reforms in line with the due process model
-calls for a strict adherence to the Constitution
-focus needs to be on the accused and his/her constitutio= nal rights
-stresses the possibility of error in time leading up the trial
-must adhere to the system, formal processes
-want error-free system as opposed to most efficient syst= em
-innocent until proven guilty is the backbone of due proc= ess
-minimizing error more important than preventing crime
-rejection of informal fact-finding, must use formal meth= ods
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