Located below is a discusision. I need a 300 word response.
Week 2 Posting – Matic
Cesare Bonesana, Marchese de Beccaria, is considered the founder, thus, a father of classical and modern-day criminology (Snipes et al., 2019, p. 39). In his publication Dei deliti e delle pene or On Crimes and Punishments dating to January of 1764, Marchese Beccaria has been suggesting the simplified viewings and rationalization regarding the committed crime and consequent punishment, framed on costs vs. benefits (Snipes et al., 2019, p. 39).
Although Marchese Beccarias classical criminology theory is rooted in the spiritual anti-crime method, its publishing purpose was to counter and reform the well-established criminal justice framework that has been in practice for over a thousand years throughout Europe (Snipes et al., 2019, p. 39). Henceforth, according to Snipes et al. (2019), Marchese Beccaria contested, punishments should be proportional to the seriousness of offenses so that the cost of crime always exceeds its reward. Accordingly, possible criminals would then be discouraged or deterred from committing the offense, leading them to be absent from embarking on an act of crime (Snipes et al., 2019, p. 39). Furthermore, it is essential to note that Marchese Beccarias classical criminology theory is successfully and effectively applied across modern-day criminal justice and law enforcement practices worldwide to reduce illegal activities, including the United States (Snipes et al., 2019, p. 39).
Besides, Marchese Beccarias On Crimes and Punishment translation to English (1767) significantly impacted the American Revolutionary War of 1776 and a newly established Republics judicial system (Bessler, 2016, p. 1). Furthermore, Marchese Beccarias perception of spiritual-driven capital penalty, torture, and cruelty catalyzed anti-death punishment thought among the American intellectuals (Bessler, 2016, p. 1; Snipes et al., 2019, p. 40). Moreover, Bessler (2016) argues, Americas foundational legal documents-the Declaration of Independence, the U.S. Constitution, and the U.S. Bill of Rights-were themselves shaped by Beccarias treatise and its insistence that laws be in writing and be enforced in a less arbitrary manner. Hence, according to Bessler (2016), the United States Constitution and, more specifically, the Bill of Rights that advocate for and protect individual rights reverberate Marchese Beccarias criminal theory of a fixed code of laws.
However, Snipes et al. (2019) suggest that present-day American criminology is influenced by Marchese Beccaria somewhat indirectly via the French Revolution of 1789 and French Enlightenment (Bessler, 2016, p. 6). Snipes et al. (2019) further acknowledges, the criminal reformative moral and ethical principles were steered by naturalistic ideas of the times social contract theorists, like Hamilton, Montesquieu, and Madison (Bessler, 2019, p. 6). Moreover, Snipes et al. (2019) writes that both revolutionaries, American and French, have been adopting and utilizing Marchese Beccarias philosophical thinking and ideas to design and develop a cornerstone for they criminal justice and law enforcement systems that are in practice today. Hence, Bessler (2016) asserts that the French revolutionary influence through the French Code of 1791 and the Revised French Code of 1819 on the American Republics criminal law are everlasting and acknowledged by most lawmakers and criminologists in the United States.
More specifically, the United States approach to crime and its consequences is formatted in Marchese Beccarias deterrent theory that the punishment is in place to discourage furthering of crime; thus, the purpose of lawmaking discipline is to be proportional to the significance of the committed crime (Snipes et al., 2019, p. 41). Moreover, Snipes et al. (2019) writes, according to Marchese Beccaria, to achieve effective deterrence, the punishment should be uncruel, certain, and swift with the ultimate objective, just conviction.
Yet, the modern-day deterrence theory faces similar challenges and debates as it did over 200 years ago, whether capital punishment deters homicide (Snipes et al., 2019, p. 47). Though, according to Snipes et al. (2019), the United States researchers in the 1970s have produced contradictory data related to the capital penalty and its deterrent potentials; to resolve an ongoing puzzle potentially, the future project may encompass the spiritual component in Marchese Beccarias state of art publishing in the hope to once again impact the world as it was throughout the centuries, furthering individual rights.
Bessler, John D. 2016. The Italian Enlightenment and the American Revolution: Cesare Beccarias Forgotten Influence on American Law. Hamline University School of Laws Journal of Public Law and Policy, vol. 37, Iss. 1, Article 1. Retrieved from: The Italian Enlightenment and the American Revolution: Cesare Beccariaâs Forgotten Influence on American Law (hamline.edu)
Snipes, Jeffery B., Thomas, Bernard J., and Alexander L. Gerould. 2019. Volds Theoretical Criminology. Eight Edition. New York: Oxford University Press. Retrieved from: https://mbsdirect.vitalsource.com/#/books/
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