Book Review - Elizabeth Harville
docx
keyboard_arrow_up
School
Lamar University *
*We aren’t endorsed by this school
Course
5320
Subject
English
Date
Dec 6, 2023
Type
docx
Pages
6
Uploaded by CoachSummer13740
Cesare Beccaria's “On Crime and Punishment” : A Literature Review
Cesare Beccaria was born in Milan, Italy, on March 15, 1738. Beccaria was a child of an
Aristocrat whom the Jesuits schooled in Parma, Italy. Beccaria was a brilliant student, excelling
in Mathematics. However, in some of his writings, he stated that his education was "fanatical." it
affected him, sometimes causing mood swings. Beccaria received his law degree from the
University of Pavia in 1758. His friends, the Verri brothers, influenced Beccaria. Together, they
formed a literary society called "the Academy of Fists" whose goal was "waging a relentless war
against economic disorder, bureaucratic tyranny, religious narrow-mindedness, and intellectual
pedantry." While involved with the society, Beccaria was encouraged to publish his essay "On
Remedies for the Monetary Disorders of Milan" in 1762 and his most famous writing, "On
Crimes and Punishments," published in 1764. "On Crimes and Punishments" is a thorough
treatise exploring the topic of criminal justice.
Beccaria published anonymously, aware of the possible backlash he would suffer
criticizing the legal system. To his surprise, he was praised by Catherine the Great and quoted by
Thomas Jefferson and John Adams. Due to this, he republished his essay in his name. Beccaria
postulates that "In order that any punishment should not be an act of violence committed by one
person or many against a private citizen, it is essential that it should be public, prompt, necessary,
the minimum possible under the given circumstances, proportionate to the crimes, and
established by law."
Beccaria defines punishment as a method to deter the offender from recidivism and others
from considering a life of crime. He also states that the severity of punishment should be based
on the harm it caused and not intent. If an offender intends to commit an armed robbery, but in
the commission of the crime, a victim is killed, the punishment should be based on the victim's
death and not the intent to rob. This punishment will send a loud message to others that they may
suffer the same fate. Beccaria continues by discussing that capital punishment should not be an
immediate consideration. It also should never be used on an offender whose guilt is still in
question.
"Torture should never be used against an accused whose guilt has not been officially
established." (Beccaria, 1764).
Punishment should be based on the crime's effects on society, not the offender's intent.
Beccaria was a promoter of deterrence. As stated by Cullen, "… people are rational and pursue
their interests, attempting to maximize their pleasure and minimize pain". "Someone refrains
from committing a crime because he or she fears the certainty, swiftness, and severity of formal
legal punishment" (Paternoster & Bachman, 2001). Beccaria's theories were based on free will,
rational manner, and manipulability. Beccaria's essay outlines the need to reform the criminal
justice system. He specifically pointed out that the punishment should fit the crime. It protects
the rights of the victims as well as the criminal. Beccaria recommended that court members be
assigned specific roles determined by their authority. Beccaria's contributions are outlined in the
U.S. Constitution and the Bill of Rights. Beccaria broadened his focus to include Economics and
was part of the committee that promoted civil and criminal law. Nevertheless, his work was not
as recognized as his earlier days. Toward the end of his life, Beccaria withdrew from public life.
He was known to suffer from depression, which may have been the cause of his silence.
Many speculated that the government forced his silence, but this was not the case.
Beccaria's theories continue to impact the criminal justice system today. He assisted in the
abolishment of the death penalty in several states. Beccaria's contribution continues to be of
discussion today.
Beccaria and Voltaire: Beccaria's writings slowly made their way across Europe. Andre
Morellet discusses in his memoirs how he was commissioned to translate a portion of the essay
from Italian to French during a gathering. He translated the first passage, which captivated those
who read it. He was given the task of translating the complete work into French. Once this
translation was made available, many responded with their enjoyment. Beccaria was invited to
Paris, but it was short-lived, being viewed beneath Paris society. Beccaria was only in Paris for
two months, but within that time, he caught the attention of Voltaire. Voltaire was intrigued by
Beccaria's views on crime and the justice system. He thanked Beccaria for his contributions and
the boldness to speak up in defense of humanity. Both agreed that individuals should be free to
think and challenge the law without fear of retaliation.
In a review of Beccaria's writing, it is noted that Montesquieu greatly influenced him.
Both have similar thinking with a slight difference of opinion regarding a Venetian Model of
Secret Government using State Inquisitors. This body solicited anonymous and confidential
denunciations of corruption. Montesquieu and Beccaria disagreed on the role of this form of
"Whistleblowing. "Montesquieu argues that though dangerous, it was needed. Beccaria states
that all forms of government need transparency. This body, known as the Body of Ten, was
elected annually and given complete power to investigate any anonymous reports of conspiracy
or corruption. This body had the power to secretly detain and torture anyone suspected of a crime
and impose a punishment as severe as drowning them under the cloak of darkness. Beccaria
continues to point out that this practice of denouncing turned neighbors into potential enemies,
promoting mistrust within communities.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Both agreed that no person should have sole power to determine outcomes and that
fairness should exist. Such as Beccaria, Montesquieu's contributions became part of the U.S.
Constitution.
Another individual who shares similar beliefs as Beccaria was Jeremy Bentham. He
advocated that punishment should fit the crime and that torture has its place in extreme cases.
Bentham agreed that the best way to effect change and contribute to society is to find ways to
reduce crime. Beccaria and Bentham differ because Bentham believed in effecting change after
the infliction of punishment, while Beccaria advocated its best to prevent crime.
Bentham's writings revolved around the topic of torture and when it was justifiable to use
it. Bentham argues that torture has its place but only in extreme cases. For example, it may be
justifiable when time is of the essence and the offender has information that would save an
innocent person. Similar to Beccaria, Bentham cautions that no one man should have the ultimate
power to decide when torture should be used. If strict guidelines are not in place, the infliction of
torture tactics could become an everyday occurrence. Beccaria greatly influenced Bentham,
which led him to develop his doctrine of Utilitarianism.
Beccaria made significant contributions to the criminal justice system. He faced
challenges due to his ideology being ahead of its time. His mental health and physical ailments
cut short the possibility of future contributions. Even so, Beccaria's treatise became very
influential in shedding light on that time's excessive, inhumane punishments and executions. His
influences can be seen in the criminal codes of America, Europe, and the Orient. Recently,
Capital Punishment has been abolished in Great Britain, and they have banned the exportation of
lethal injection drugs to the U.S. (Denno, 2014). Any country seeking to be considered for
admittance into the European Union will not be granted if they use Capital Punishment, such as
the U. S. (Kansas v. Marsh, 548 U.S. 163, 187 n.3 2010). America, in its early days with its
leaders such as John Adams, whose writings aligned with Beccaria, found themselves making
slow progress in abolishing executions. Now, over 250 years later, with maximum security
prisons and sentencings such as life without parole, there is no need for executions.
References:
Beccaria, Cesare (1764). An Essay on Crimes and punishments:
https://oll.libertyfund.org/titles/beccaria-an-essay-on-crimes-and-punishments
Bernard E. Harcourt, "Beccaria's 'On Crimes and Punishments': A Mirror on the History of the
Foundations of Modern Criminal Law" (University of Chicago Public Law & Legal Theory
Working Paper No. 433, 2013).
Bessler, John D. (2016). "The Italian Enlightenment and the American Revolution: Cesare
Beccaria's Forgotten Influence on American Law," Mitchell Hamline Law Journal of Public
Policy and Practice: Vol. 37: Iss. 1, Article 1.
Cullen, F. T., Agnew, R., & Wilcox, P. (2018). The Origins of Modern Criminology. In
Criminological Theory: Past to Present (Sixth, 2018, p.25). Essay, Oxford University Press.
Davies, J., (2012). "The Fire-Raisers: Bentham and Torture," 19: Interdisciplinary Studies in the
Long Nineteenth Century 15. doi: https://doi.org/10.16995/ntn.643
Palermo Di. G )2022) The debate on the death penalty and the thought of Cesare Beccaria:
Rivista Italiana di Conflittolgia. 2022, Issue 45, p24-40. 17p.
Paternoster, R., & Bachman, R. (Eds.) (2001). Explaining criminals and crime: essays in
contemporary criminological theory. Oxford, U.K.: Oxford University Press.
Sparling, R. A. (2021). "Corruption and Whistleblowing: Beccaria and Montesquieu on Secret
Crimes and Secret Accusations," The Eighteenth Century: Theory and Interpretation (November
2019).
Thomas, C. & Supreme Court Of The United States. (2005) U.S. Reports: Kansas v. Marsh, 548
U.S. 163. [Periodical] Retrieved from the Library of Congress,
https://www.loc.gov/item/usrep548163/.
White, M. D. (2016). "The Neglected Nuance of Beccaria's Theory of Punishment"
European
Journal of Law and Economics, 2018, vol. 46, issue 3, No 4, 315-329
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help