The Classical School - an Evaluation

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The Classical School - an Evaluation

Advantages

  • Stopped unjust punishments - there was no set way / rules on how to convict people properly so therefore punishment was not handed out fairly before
  • Made punishments consistent and proportionate with the crime (eg. no longer 22 years for stealing bread)
  • Punishments based on deterring people from committing crimes, not punishing them
  • Scraped the death penalty as they saw it as pointless (except in the cases of murder), also scraped capital punishment, torture and corporal punishment
  • Panopticon introduced - a new system of prisons that ensured good behaviour

Disadvantages

  • Some crimes are impulsive and badly thought out - theory assumes that people always weight out costs and benefits for the crime. There may be biological factors that stop someone from thinking properly
  • Not everyone is knowledgeable about the punishments for the crime - some may not know that the crime they are about to commit is a crime
  • Argues people should be treated the same - so first-time offender and serial killer should get the same sentence?
  • Some people may not respond to punishment and be rehabilitated by it
  • Lack of interpretation of crime is problematic (eg. murder vs manslaughter, stealing bread for fun vs to feed your family)
  • Says people should follow the law - does not question whether laws are just or not
  • Does not consider other means of help - if someone committed a crime due to mental issues, prison is not a suitable deterrent or punishment for them, instead they should find help and make them better
  • Social construction of crime has changed - feudal and religious influences have changed

Evaluation

In summary, the Classical School helped to change the way punishments are made and handed out. Before, judges would give out punishments as they saw fit and these often changed depending on what mood they were in. Upon the introduction of the Classical School, capital and corporal punishments, along with torture were scraped. Punishments were made proportionate to the crime that was committed and were made on the basis of deterring the individual, rather than punishing them. The Classical School also led to the development of the Panopticon, also known as the 'all seeing eye', where good behaviour in prisons was ensured as the architecture of the building ensured that the prisoners never knew then they were being watched or not. However, the Classical School does come with its drawbacks. First of all, it assumes that everyone takes into account the rewards and drawbacks of a crime before they commit it. However, this cannot account for impulsive and badly thought out crimes. Also, there may be biological or psychological reasons that stop people from thinking properly regarding their crime. Secondly, someone may not be aware that the crime they commit requires a punishment. Before, the law was written in latin and may people could not understand it. This means that many people committed a crime without knowing it was such. Thirdly, punishing a crime with interpretation of the context is problematic. For example, the school suggests that someone who steals a loaf of bread for their family should be punished the same as someone who steals it for fun, which morally, is not right. Next, many people may not respond to a crime, meaning that it would be unnecessary to punish them for it, however, this in itself comes with issues. Overall, the Classical School did help to reform the prison and punishment system, but morally, it has a few drawbacks. 

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normawoods

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