4 punishment crime not restorative 5 using law must

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4. Punishment= crime & NOT RESTORATIVE. 5. Using law must be limited & due process rights should be observed. 6. Individual Responsible for actions 7. mitigating circumstances/ excuses are inadmissible. Classical Criminology is still NB part of most criminal justice systems ( including SA) & has done much to Influence the view that legal sanctions & punishments are an effective way to deter / prevent crime!
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CLASSICAL SCHOOL OF CRIMINOLOGY CRIMINOLOGY M O D E L S CRIME CONTROL MODEL = Based on belief that the fundamental goal of criminal justice is SUBJUGATION OF CRIME”. Which meant robust law enforcement, strict enforcement of law & harsh punishment including death penalty! It therefore emphases the protection of citizens Therefore- supporters state few criminals should NOT be set free on technicalities even @ the expense of depriving the innocent of their constitutional rights. Public safety more NB than individual rights. DUE PROCESS MODEL= It emphasizes the importance of the individuals rights which means they would rather let several criminals go free than falsely imprison an innocent person. Human rights must be protected Criminal must receive legal representation by criminal justice personnel WHAT IS Neo CLASSIC school of CRIMINOLOGY…. Classic & neo classical developments are based on DIFFERENT ASSUMPTIONS They give a DIFFERENT analysis on crime & justice They rely on A DIFFERENT RATIONAL THOUGHT. therefore in line with the classist theory punishment is the best way to deter/ prevent crime! EMPHASIS: HUMAN BEHAVIOUR: Influenced / inhibited by Biology Psychology Socio-economic factors Develops rules to cope with extenuating circumstances which allows individuals not to always be responsible for their actions Pure classists states humans are accountable for their actions WHY DID IT FORM?: Classicism as unrealistic, extreme & inflexible , humans are NOT RATIONAL nor is judicial discretion. Extenuating circumstances where individuals could be deemed not totally responsible for their Actions became admissible! IS THERE A DIFFERENCE BETWEEN CLASSICIST & NEO CLASSICIST SCHOOLS? : They are both obscure & not distinct In essence they both represent the continuum of free will-based deterrence doctrine. Classicism & neoclassical developments are based on a very different set of assumptions & offer a fundamentally more measured analysis of crime and justice, relying as they do, on humans capacity for rational thought, rather than assuming an animal instinct of fear (Einstader & Henry) Neo Classical challenges the classical position of absolute free will According to (Einstader & Henry) the classical doctrine created two contrasting models of the criminal justice system= two conflicting political ideologies. CONSERVATISM & LIBERALISM Conservative ideology created- crime control model Liberal ideology created- due process model
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positivisT CRIMINOLOGY POSITIVIST SCHOOL WAS RIVAL TO THE CLASSICAL SCHOOL OF CRIM.
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