Beccaria's Case Study

Many governments took well to Beccaria’s ideology and applied its concept in their development of their criminal justice systems. However, there was one problem that wasn’t considered when applying Beccaria’s punishment. Not all crimes should be punished in the same manner and to the same extent as Beccaria believed it to be due to other factors that may affect choices (Schram & Tibbetts, 2018). The first factor is the importance of intent that motivates an offender’s action. Homicide is defined as the killing of a human being and have many forms that could be justified (self-defense), malice (first-degree murder) and by unintentional means (vehicular homicide and manslaughter). The second factor is the importance of the level of mental capacity of an individual to know the different between …show more content…
The third factor is the importance of applying suitable punishment for first-time offenders, repeated offenders, adults and children. It would be unfair to punish a first-time offender, in which a diversion program or probation would best serve the offender, in the same manner as a repeated offender whom didn’t prosper from their second chance. This is similar to the application of punishing a child to the same extent for an adult. Children’s brains are still developing reasoning and judgment into their 20’s while still continuing to mature throughout their teen years (Ritter, 2007). Therefore, to punish an undeveloped human being in the same matter of a fully developed human being is unjust. The final factor is the importance of background influences such as social class and upbringing effects on choices. While the decision to engage in criminal activities is ultimately a choice, choices can be influenced by personal and situational constraints and the availability of opportunities (Walsh & Hemmens, Introduction of Criminology,