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9 Cards in this Set
- Front
- Back
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1st Principle |
Law must be made publicly available andavailable, The punishment must be necessary todeter. If you can achieve the same results without punishment you should do so. Law needs to be equal to all men. Law should increase and not deterliberty. (No law, no liberty). It is law that strikes fear in law. Those who put law in practice should alsoobserve law (status is intolerant) |
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2nd principle |
Ifyou can deter without punishment you should. |
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3rd Principle |
Punishmentshould only be exerted only if positive that he is guilty. This also impliesrule #3 which is based on the theory of status is irrelevant. |
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4th Principle |
Ifbenefit outweighs cost you will do crime. Proportualitybetween crime and punishment. Serenity must be matched by crime. |
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5th Principle |
Principleof speed after a crime has been commited punishement must be followed as soon as possible.This is based on that the quicker a punishment is followed up the moreeffective it will be. The offender will make a better connection between bothcrime and punishment as one follows right after the other. Justice because youspare him the uncertainty of what will happen. |
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6 and 7 principle |
Mildpunishment and it must be certain. If you want to reduce crime punishment mustfollow. |
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The right to punishment |
It is a political obstacle in breaking the law. The goal of punishment is to deter. Punishment cannot be used for reparation. Nor should it be about torture. Beccaria is not against pain but he says it needs to be limited to be effective. Ultimate goal is to make sure the person will not commit the crime again. |
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3 Types of crime and model |
High treason: most severe Crime against the public good: Medium ex; theft Miscellanous: disturbing peace. Explain Beccarias model |
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Deterence |
Punishment must be proportionate to the crime commited. We can predict whether a person will commit a crime based on Cost vs benefit. Whenyou inflict pain on someone a rational man will try to avoid that pain in thefuture if it outweighs the benefit. (All of this screams classical criminology. |
