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Differences Between Classical and Neoclassical Schools of Criminology By Chuck Robert, eHow Contributor

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Differences Between Classical and Neoclassical Schools of Criminology thumbnail Enlightenment thinking often assumed that everyone was rational.

Criminology is the scientific study of crime, including its causes, psychology and specific forms of criminal behavior. Punishments for crimes were once arbitrary, meaning the punishments were often based on the whims of judges. However, the Age of Reason nurtured the belief that people have rights, and that well-designed laws and punishments would further cut crime. Two major criminology schools of thought, the classical and neoclassical, only have a few differences. Other People Are Reading

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Rights

Classical criminology comes out of the Enlightenment. Classical thinkers consider people to have rights. The Bill of Rights was a product of the classical school of criminology. Right and wrong are inherent in the nature of things, and people cannot deny them, this school of thought contends. The punishment must be proportional to the crime. There should be as few laws as possible.

With neoclassical criminology, people are to be protected from actions that would kill them, take their liberty and violate their privacy. They must never be arbitrarily arrested and must always be informed of the reason for imprisonment. The police presume innocence until proved guilty, and people have a right to reasonable bail and trial by jury. There is no guilt found due to acts of omission, only one trial for a murder case, no cruel or unusual punishment and no self-incrimination. Motivation

The classical school of criminology holds that all people are capable of committing crime, since they all pursue their own self-interests and some crimes benefit people. This school of thought contends that pleasure and pain motivate people; punishment deters people from violating the law. The classical school holds that punishments should be consistent and not based on mitigating circumstances.

The neoclassical school accepts mitigating circumstances. This school of thought contends that people are allowed conditional sentences and alternative forms of incapacitation. In addition, criminals can receive psychological treatment with the hope of rehabilitation and a return to society. The neoclassical school holds that people are more often deterred from committing a crime when it is certain they will be caught, rather than due to the severity of the punishment. Concensus

The classical school of criminology contends that people generally want to protect private property, power, health and welfare. Laws result from moral consensus. Society provides benefits that people would not receive on their own. People give up some benefits they would enjoy in isolation in order to receive protection. Crime damages the bond that people have with society. The neoclassical school of criminology holds that social sanctions, such as the fear of disapproval, deter criminals more than the punishment. Punishment Justification

All people are rational, so people are responsible for their own actions, and lawbreakers have personal inadequacies that prevent them from upholding a contract with society and the state. Criminals have the capacity to choose to not engage in crime. Their choice to engage in crime warrants their punishment. The neoclassical school has less of a punitive tone and seeks to rehabilitate people.

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