Beccaria's crime and punishment text looks closely at the ways in which the justice system chooses to punish criminals. He expresses his concern for a reform in the justice system and develops his opinion through two main philosophical theories: social …show more content…
This would essentially incapacitate the criminal from repeating the crime and using them as an example to deter others.
Evidently speaking, Beccaria supports the utilitarian approach because he believes the purpose of punishment is subject to creating a better society, not revenge. Punishment is used to illustrate the consequence of crime, initially deterring others from committing crimes and also preventing the individual from repeating the crime.
Beccaria professes that punishment should be swift because believed had the ‘’greatest deterrence value’’. He justified his beliefs by using the theory of the association of ideas (David Hume 1711-1776). The theory suggests that if an individual knows the rules, by the mind connecting two concepts together (in this case crime and punishment), then its easier to strengthen the relationship between the two. Beccaria states, that when a crime is swiftly followed by a punishment and link is quickly made with the two in an individual’s mind. Therefore, this will make the association between a crime and punishment stronger, especially if the punishment is related to the …show more content…
Limitations are placed on how much torment we can endure and inflict, so there has to be a balance between the two. Beccaria also highlights a few criminal justice practices, particularly focusing on reform. He puts forward that, if laws actually protected an individuals honour being insulted, ‘duelling’ could in fact be eliminated. He continues to declare that punishments should be in context with the crime and the best to discourage crime is to enforce clear and simple laws, appreciate good quality and enhance understanding and knowledge.
Beccaria also shares his opinion on capital punishment, stating that capital punishment shouldn’t be removed because long term imprisonment seems to be more powerful compared to execution which serves as a less effective type of deterrent. He uses the connection between the social contract and the right to live, to establish his idea of the social contract being a way to get individuals to negotiate the minimal number of rights that bring peace. Crime is based on an individual's right to live, having nothing to do with the good of the