FREE ESSAY ON CESARE BECCARIA

CESARE BECCARIA

Cesare Beccaria is one of the most famous criminal justice theorists of all time. He lived
from 1738 to 1794. He was the eldest son of an Aristocratic Family and was educated in a
Jesuit school. His fascination with philosophy lead to him a bunch of friends who soon
formed a group called "the academy of fists." This group focused their attention on
reforming the criminal justice system. This group exposed Beccaria to many great
philosophers, who encouraged his work. One to his motivators was a philosopher named
Pietro who was in favor of the idea protesting against torture to obtain confession for
the law and justice system. As well as many other injustices going on such as, the
wrongfully used discretionary power of judges, using personal connections to get lighter
sentences and capital punishment.
This point of view won the backing of many other great European Emperors and
philosophers. By 1770 Beccaria had gained recognition from all over the world and
political positions in Italy. Beccaria's work touched on two distinct arguments of
position. He described and pushed the point of reforming the criminal justice system. He
also realized that very few studies had been done on research and reform in the system.
He agreed with two philosophers' theories: social contract and utility. In retrospect to
social contract Beccaria pointed towards punishment as justified only to defend the
social contract of citizens and to make sure that all persons followed this standard. In
regards to utility Beccaria stressed that the method of punishment selected should be one
that helps the public.
In his efforts to direct the justice system he discovered that some philosophers had two
principle theories justifying punishment. Number one on the list was retributive
approach, which states that punishment should be equal to the crime. In other words "an
eye for an eye." This method falls into a revengeful style of punishment. The second
theory was Utilitarianism approach, which states that the punishment should increase the
happiness in the world. Meaning that the punishment should reform the criminal.
Beccaria takes a utilitarian stance. He truly believes that punishment should deter
others from acting in the same manner. This punishment should also take place quickly.
The sentencing should be in a speedy manner. This will connect the "crime" and the
"punishment" in the convict's mind making a clear connection between crime and punishment
equaling. Swift punishments will have the greatest impact on deterring others. He also
feels that severe punishments are pointless and will loose the initial effect that they
intended.
Becarria believes that dueling can be eliminated if laws would protect the person's
feelings of insult and lose of honor. Punishment should equal the crime point blank, out
of all the crimes treason is the worst, because it breaks down the social contract.
Followed by violent acts against person and or their belongings. The most effective way
to stop crime is to reward good doings in the community, increase education and make
simple laws that every one can understand.
Becarria believes that capital punishment is not the best deterrent. He says that long
term imprisonment is the key to deterrence. People value their right of life more than
anything else. Capital punishment should be preformed only if it benefits the public and
is truly needed depending on the situation. Capital punishment fails to deter determined
criminals from committing extreme crimes. Keeping people on lock down is more deterring
then taking their life. Perpetual slavery is more affective and deterring than capital
punishment.
Beccaria believes that the justice system can be improved. His research had shown that
capital punishment is not deterrence. It does more harm to the world than good. Perpetual
slavery is the best deterrence the world had in its option. Criminals should be punished
by methods that deter not vengeance. If these methods that Becarria has presented are
used the rulers of the world will receive long lasting fame as peacemakers.