Presumption of innocence innocence until proven

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Presumption of innocence – innocence until proven guilty . One must be judged by a jury of one’s peers . One has a right to appeal . Determinate Sentencing . If you commit this crime, you definitely get this punishment – punishment should be given out on the basis of formula . Beccaria’s three principles of punishment: . Severity . One only needs to be punished enough to offset the benefits of crime – really against severe punishments . Severe punishments lead to more crime because state is so severe that people buy into that violent culture . Criminal must commit more crime to escape and cover tracks . Certainty . Punishment must be certain – if a person knows what they are going to get, then they are probably not going to commit the crime . Celerity . Punishment must follow immediately from the crime . In people’s minds, that creates a stronger connection between the offense and the punishment . Really immoral to put an offender in a jail cell and make him sit there for a long time not realizing what will happen – produces unnecessary anxiety . It’s better to prevent the offenses than to punish them . Whole system he worked out is called deterrence – making punishments certain and quick enough to prevent people from committing crime . Specific deterrence: occurs when an offender, after having been punished, doesn’t do it again . General deterrence: when everybody else in society sees someone being punished, and they decide that they don’t want it happening to them . Assumptions of classical criminology: . Man is free and rational
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. Concerned about the administration of criminal justice . Positivist Schools . Locates source of crime and things external to the individual – forces acting on the individual that are outside the individual’s own consciousness . Adolphe Quetelet (1796-1874) . Belgian mathematician and astronomist . Society was predictable – society of social mechanics . Believed you could find regular operational mechanics of society Lecture 1/25/2012 . Classical School of Criminology . Assumes that there are rational actors – cost/benefit analysis . Cesare Beccaria – criminal justice system that would make crime appear more costly (punishments) . Neoclassical criminology . Takes into account extenuating circumstances . Doesn’t seem right to punish children/minors the same way as adults . Positivist Criminology . Recidivist: person who we know will commit crime after crime – long criminal record . Is it fair to punish recidivists the same way as a one-time crime committer . Causes of crime is outside of one’s head . Adolphe Quetelet (1796-1874) . Proposed Social Mechanics – . Society prepares the crime and people are instruments – social conditions/society produce crime . Looked at two major conditions in society that would produce crime . Wealth . Poverty did not cause crime as wealth led to moral depravity because it made people greedy . Desire for excess that led people to wanting to commit crimes . Moral depravity . People needed to be taught morality and self-control and limit themselves .
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