Classical Theory

The classical theory in criminal justice suggests that an individual who brakes the
law does so with rational free will, understanding the effects of their actions. As a
response to a criminal's action, classical theory in criminal justice postulates that society
should enforce a punishment that fits the crime committed. Classical theorist writing
helped shape and influence the United States system of justice.

Theories

The basic idea behind classical theory in criminal justice is that humans are
rational beings and that behavior can be controlled by human will. Cesare Beccaria, the
18th-century Italian aristocrat who wrote "On Crimes and Punishments," suggested that
the punishments placed on criminal acts therefore, must be rational as well. Depending
on the severity of the crime, a punishment should be placed that is in direct proportion
to the crime.

Features of Classical Theory

In Beccaria's writings, he believed that rather than the judiciary being the ultimate
source of law, he saw the legislative branch as serving that role. In addition, he
suggested that the judiciary role was not to assess punishment but to determine guilt on
a case by case basis. Classical theory brought to the table the emphasis of a criminal
justice system that included police and courts, as well as correctional facilities.

Impact and Considerations

Classical theories on criminal justice, and in particular the writings of Cesare
Beccaria, influenced the framers of the Bill of Rights and the U.S. Constitution. In the
19th century, a response to the classical theories in criminal justice arose: the positivist
theory. The positivist theory expressed the belief that not all individuals are subject to
rational thinking and are predisposed to criminal acts based on various psychological,
experiential and genetic factors, and thus, requires special treatment in some cases.
Classical School

Jordan is interested in criminology, and he's heard that things before the
Enlightenment were pretty bad for criminals, and people suspected of being criminals.
But he's still not quite sure what the classical school of criminology is about.
To understand the classical school, Jordan's teacher tells him to remember the five key
principles of the classical school of criminology. They are:
1. Rationality: The classical school assumes that people have free will and that they
choose to commit crimes. For example, if Jordan decides to steal some candy at the
store, he is not forced to base on some pre-destiny. He chooses to steal that candy. Not
only that, he thinks about it beforehand, and says to himself, 'I really want candy, and I
don't have money, so I will steal it.' This is the rational thinking that goes into his
planning to commit a crime.
2. Hedonism: The classical school also assumes that people seek pleasure and try to
avoid pain. For example, when Jordan looks at the candy in the store, he thinks about
how it will bring him pleasure, so he steals it.
3. Punishment: Remember how we said that a key idea was the idea of hedonism,
where people seek pleasure and try to avoid pain? Well, that informs punishment,
according to the classical school. For example, if Jordan thinks about stealing the
candy, and then realizes that he could go to jail for it, he might not steal it because he'll
be trying to avoid the pain of jail. In this way, the classical school of criminology believes
that punishment works as a deterrent to crime.
4. Human rights: Jordan has learned that before the classical school of criminology,
punishments could be very harsh indeed. It was not uncommon to torture someone who
was only suspected of a crime, and the punishments once convicted could be horrifying.
According to the classical school of criminology, all individuals have rights, and society
needs to respect the rights of individuals. That means that they should not torture or
institute punishment that is unreasonably harsh. For example, if Jordan gets caught
stealing the candy, we wouldn't expect that his punishment would involve cutting his
hand off. That seems a little extreme!
5. Due process: The idea of due process is that people accused of a crime are
considered innocent until proven guilty, and that they have the chance to go to trial and
face the judicial system. If Jordan was accused of stealing the candy, and then just
thrown in jail without a trial that would be a violation of his due process.