Theories on Domestic Violence

Unit 3 Assignment- Theory of Domestic Violence
Kaplan University- Family and Domestic Violence
Heather Warren
August 27, 2013

Classical criminology grew out of a reaction against the barbaric system of law, justice and punishment that was in existence before 1789. It sought an emphasis on free will and human rationality. The Classical School was not interested in studying criminals, but rather law-making and legal processing. Crime, they believed, was activity engaged in out of total free will and that individuals weighed the consequences of their actions. Punishment is made in order to deter people from committing crime and it should be greater than the pleasure of criminal gains. Classical theory emphasized a legal definition of crime rather than what defined criminal behavior. The Declaration of Independence and the US Constitution reflect the Classical movement, thus the law of today is classical in nature.
Cesare Beccaria (1738 to 1794) is known as the father of classical criminology. He suggested that people possess a will that is free and therefore have the ability to reason and think on their own free will. He suggested that to control behavior it would be necessary to spell out specifically through written law what was considered criminal behavior as well as the punishment associated with the act. Since people are hedonistic (pleasure seeking), the threat of humiliation, pain, or disgrace would influence the will of the person, according to Beccaria.
Theories of the classical school of crime causation dominated criminological thought for much of the late eighteenth and early nineteenth centuries. The classical school theory demanded recognition and the ability to experience informed choice of human social life.
Most classical theories of crime, both old and new, make basic assumptions. Among these are: Crime is caused by the individuals exercise of free will, pain and pleasure are the two central determinants of human behavior, crime erodes the bond that exists between individuals and society and is therefore an Immoral form of behavior, punishment is required to deter law violators from repeating their crime and to serve as an example to others who would also violate the law and crime prevention is possible through swift and certain punishment that offsets any gains to be had through criminal behavior. (Schmalleger, 2007)
Jeremy Bentham (1748-1832) also agreed with Beccaria’s view on the classical theory. Bentham supported the utilitarian punishment which means it advocates the greatest good for the greatest number, the greatest possible ratio of good to evil. Bentham invented the panopticon which is a circular prison with a central grand tower for observation of all cells.
I agree with much of this theory due to the fact that both Beccaria and Bentham believed, as I do, that we all act out in our own free will. We are each capable of making our own decisions n life putting aside society influence and how we were raised. Most people know the difference between right and wrong and can’t use that as an excuse for using violence. However, the mentally ill are an exception and need to be handled on an individual basis. I also agree that the fear of punishment needs to be stronger than the pleasure of the crime and criminals need to fear punishment. If people are allowed to get away with using violence on others there is nothing for them to fear or deter them from using violence repeatedly.

References

Beccaria, C. (2008). On Crimes and Punishments and Other Writings (A. Thomas Ed. & A.Thomas & J. Parzen Trans.). Toronto: University of Toronto Press. (Original work published 1764.)

Schmalleger, F. (2007) Criminal Justice Today: An Introductory Text for the 21st Century, Ninth Edition. Retrieved August 27, 2013 from http://wps.pearsoncustom.com/wps/media/objects/4172/4272946/CJ100-OL_Ch03.pdf

References: Beccaria, C. (2008). On Crimes and Punishments and Other Writings (A. Thomas Ed. & A.Thomas & J. Parzen Trans.). Toronto: University of Toronto Press. (Original work published 1764.) Schmalleger, F. (2007) Criminal Justice Today: An Introductory Text for the 21st Century, Ninth Edition. Retrieved August 27, 2013 from http://wps.pearsoncustom.com/wps/media/objects/4172/4272946/CJ100-OL_Ch03.pdf