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Practice Exams

Module 9.4: Classical & Neoclassical Theories

I. The Classical School of Criminology

The Classical School was a reaction against the brutal, arbitrary, and inefficient legal systems of pre-Enlightenment Europe. Before this time, "justice" was often a matter of torture, secret accusations, and wildly disproportionate punishments based on the social status of the offender and victim.

A. Core Principles

The classical perspective can be summarized in a few core principles:

  1. Free Will: Humans are rational beings who are free to choose their own actions. Crime is not a product of fate or demonic possession; it is a choice.
  2. Hedonistic Calculus: This principle, most associated with Jeremy Bentham, holds that people are motivated by a "hedonistic calculus." They always act in a way that maximizes their own pleasure and minimizes their pain.
  3. Crime as a Rational Choice: A person chooses to commit a crime when they calculate that the potential pleasure or reward from the criminal act is greater than the potential pain or punishment.
  4. Social Contract: Society is based on a "social contract" in which individuals give up a small portion of their freedom in exchange for the state's protection. When a person commits a crime, they are breaking this contract.
  5. The Purpose of Punishment is Deterrence: The only legitimate purpose of punishment is to prevent future crime by making the pain of punishment outweigh the pleasure of the criminal act. Punishment should not be for revenge or retribution.

B. The Elements of Deterrence

For punishment to be an effective deterrent, it must have three key qualities:

  • Swiftness (Celerity): The punishment must happen quickly after the crime. A long delay between the act and the punishment weakens the mental connection between them.
  • Certainty: The offender must be certain that they will be caught and punished. This is considered the most important element of deterrence. A mild punishment that is certain to happen is a far better deterrent than a severe punishment that is unlikely to happen.
  • Proportionality (Severity): The punishment must be just severe enough to outweigh the pleasure of the crime. Any punishment that is more severe than necessary is unjust and tyrannical.

Board Exam Tip: Certainty is the most important element of deterrence.

III. The Neoclassical School of Criminology

The pure Classical School had a very rigid and absolute view: every person who commits the same crime should receive the exact same punishment, because the punishment is meant to fit the crime, not the criminal.

However, legal systems quickly found that this rigid approach was not always practical or just. The Neoclassical School arose to address these issues. It did not reject the core ideas of the Classical School but instead modified them.

A. Core Modifications

The Neoclassical School accepted the basic principle of free will but argued that a person's free will can be affected by certain mitigating circumstances. Therefore, the law should take these circumstances into account.

Key Mitigating Circumstances Recognized by the Neoclassical School:

  1. Age: Children do not have the same capacity for rational thought as adults. Therefore, they should not be held to the same standard of criminal responsibility. This is the origin of the juvenile justice system.
  2. Mental State: Individuals with mental illnesses may not be able to rationally calculate the consequences of their actions. This is the origin of the insanity defense.
  3. Other Extenuating Circumstances: The Neoclassical school recognized that factors like duress, self-defense, or necessity could also impact a person's free will and should be considered in sentencing.

B. The Shift in Focus

  • The Classical School was purely focused on the act.
  • The Neoclassical School began to consider the actor and their individual circumstances. It allowed for judicial discretion in sentencing and introduced the idea that not everyone who commits the same crime is equally blameworthy.

The legal system in the Philippines today is largely neoclassical. The Revised Penal Code defines crimes and sets out punishments (Classical), but it also provides for a wide range of mitigating and justifying circumstances (Neoclassical) that can modify criminal liability.

Conclusion

The Classical School of Criminology provided the world with its first modern, rational theory of crime. By asserting that individuals are free-willed, rational actors, Beccaria and Bentham laid the groundwork for a justice system based on deterrence and the rule of law, replacing one based on superstition and arbitrary power. The Neoclassical School refined these ideas, introducing a crucial element of flexibility by recognizing that free will is not absolute and that individual circumstances matter. These two-hundred-year-old ideas remain profoundly influential, continuing to shape our debates about crime, punishment, and human nature to this day.

Introduction

The Classical School of Criminology, which emerged in the 18th century during the Enlightenment, represents the first modern attempt to explain criminal behavior in a systematic and logical way. Its theories were not concerned with the "causes" of crime in a scientific sense, but with creating a more rational and humane legal system. The classical view is based on the central premise that human beings are rational actors who possess free will. This module will explore the foundational ideas of the Classical School, as articulated by its primary thinkers, and the subsequent modifications made by the Neoclassical School.

Key Learning Objectives:

  • Explain the historical context of the Classical School.
  • Describe the core principles of Classical theory: free will, hedonism, and rational calculation.
  • Understand Cesare Beccaria's and Jeremy Bentham's contributions to criminology.
  • Explain the concept of deterrence and its role in classical thought.
  • Differentiate between the pure Classical School and the Neoclassical School.

II. Key Thinkers of the Classical School

A. Cesare Beccaria (1738-1794)

  • Contribution: His book On Crimes and Punishments (1764) is the single most important work of the Classical School. It was a passionate plea for a rational and humane justice system.
  • Key Ideas:
    • The law should be clear and written down, and it should apply equally to all citizens.
    • The purpose of punishment is deterrence, not revenge.
    • Punishment should be swift, certain, and proportionate to the crime.
    • He argued against the use of torture to obtain confessions and was one of the first major thinkers to call for the abolition of the death penalty.
    • The judge's role should be limited to determining guilt or innocence; they should not have the discretion to interpret the law or create punishments.

B. Jeremy Bentham (1748-1832)

  • Contribution: An English philosopher who expanded on Beccaria's ideas and developed the principle of Utilitarianism.
  • Key Ideas:
    • Utilitarianism: The idea that all laws and actions should be judged by their "utility"—their ability to produce the greatest happiness for the greatest number of people.
    • Hedonistic Calculus: He formalized the idea that people make rational choices based on a calculation of pleasure vs. pain.
    • The Panopticon: He designed a famous model for a prison, the "Panopticon," where a single guard could observe all the inmates without them knowing if they were being watched. This was intended as a physical manifestation of the principle of certainty of punishment.

IV. Legacy and Modern Relevance

The Classical and Neoclassical schools are the philosophical bedrock of modern criminal justice. Their influence is seen in:

  • The right to a speedy trial (swiftness).
  • The focus on due process and clear, written laws.
  • The idea that the punishment should fit the crime.
  • The legal distinctions made for juveniles and the mentally ill.

Modern crime control strategies that are based on these theories include:

  • Rational Choice Theory: A modern version of Classical theory which views crime as a rational calculation of risk vs. reward.
  • Deterrence Theory: The basis for strategies like increasing police patrols (to increase the certainty of being caught) or imposing mandatory minimum sentences (to increase the severity of punishment).
  • Situational Crime Prevention: The strategy of making crime a less rational choice by "hardening" targets and increasing the risks (e.g., putting up CCTV cameras, using stronger locks, having more security guards).