Jeremy Bentham Criminal Justice Essay - 1609 Words

Jeremy Bentham’s Influence on the Criminal Justice System: Past and Present The delivery of punishment has changed significantly over the centuries. Up until the 19th century in England, imprisonment was not regarded as a punishment, it was merely used while the offender waited to be sentenced to their ‘real’ punishment (Bull, 2010; Hirst, 1998). Corporal punishment such as flogging, branding and mutilation, death by hanging, and transportation to other continents such as America and Australia were common punitive measures through the ages, until well into the 1800’s (Newburn, 2003). Although these extreme penalties are no longer acceptable or practised by criminal courts in England or Australia, in some ways, the past has†¦show more content†¦In other words, a person may be tempted to commit a crime if there not a strong enough deterrent in place. Hence, Bentham’s solution to crime control was to address this pleasure/pain response by imposing strict penalties proportional to the seriousness of the c rime committed to discourage people from offending (Von Hirsch, 1992). Although he did not support the death penalty, punishment for committing crime was considered by Bentham as the lesser of two evils, necessary for the health of society and the duty of the government to impose (Bull, 2010; Hudson, 2003). Punishment, for Bentham, was a way to ensure â€Å"the greatest happiness for the greatest number† (Rosen, 2003, p 221). Bentham argued that prevention, both general and specific, is paramount in controlling crime. The imprisonment of the offender serves the purpose of specific prevention. Specific prevention involves three tiers: incapacitation, reform/rehabilitation and deterrence (Hopkins Burke, 2011). Firstly, incapacitation is achieved by physically removing an offender from society, rendering them unable to reoffend (specifically, by placing them in prison). Secondly, rehabilitation seeks to take away the desire to offend, by teaching the offender that anyShow M oreRelatedJeremy Benthams Utilitarianism is a Convincing Method for Normatic Ethics891 Words   |  4 Pagesethics, utilitarianism wasn’t fully expressed until the 19th century. Jeremy Bentham and John Stuart Mill, acknowledged the good with pleasure. Both of the philosophers believed we ought to make the most of the good, everyones happiness is the same no matter what type of happiness it is. When one fulfills their good, it doesn’t mean one’s individual good doesn’t count more when compared to someone else’s good. Jeremy Bentham was born on February 15th, 1748 in Houndsditch, London and died on JuneRead MoreFeatures Of Classical Criminology779 Words   |  4 Pagesâ€Å"criminology† is the scientific study of criminals and the crimes that they commit. It incorporates numerous disciplines such as law, sociology, history and physiology as well as other disciplines like victimology which are more focused disciplines within criminology. Sutherland (1939) gives the view that criminology is based around â€Å"three great tributaries† these are: The study of crime, the study of these that commit crime and the study of criminal justice and penal systems. Within this essay theseRead MoreTraditional Assumptions Of The Civil Justice History865 Words   |  4 Pagestraditional assumptions.† American correction page 34. I must say, that period was the most important in the Criminal Justice history. Through that era, revolutions occurred in America as well as France, science made great advances and Industrial Revolution gained absolute power. This Age of Reason was like a stand against those with power. This reformation ended the reign of the Catholic Church and the writing of Martin Luther and John Calvin encourage new emphasis on the individual alongRead MoreTheories Of The Age Of Enlightenment1026 Words   |  5 PagesBefore the 17th century, people believed that when someone committed a criminal act it was not because they chose to do so, but because of some supernatural force, such as the full moon or demonic possession. Offending acts were punished by a wide range of inhumane acts including but not limited to being tarred and feathered, quartered, burned alive, beheaded, drowned, or stoned to death. This way of thinking and punishing offenders continued through the 1600’s until the Age of Enlightenment. ItRead MoreEssay on Jeremy Bentham Influence on Future1290 Words   |  6 PagesEssay on Jeremy Bentham’s influence Jeremy Bentham was born in 1748 in London, England. He was a utilitarianist, which is the idea that the right judgment is the judgment that brings the most happiness. Also an Atheist, Bentham was seen as the person who popularized utilitarianism. Bentham believed we could quantify or measure pleasure. He helped found the London College, in which his body was embalmed and used as a reminder of himself, and wrote many books on utilitarianism and found the best wayRead MoreThe Debate Over Death Penalty1618 Words   |  7 Pagesand scholarly discussions. The death penalty has a long and distinguished history in the United States, as it has been around in some form—either official or otherwise—since the beginning of American society. America originally adopted the British justice system, with hundreds of crimes being punishable by death. Slowly but surely, states began to eliminate the number of things that could lead to the death penalty. Likewise, new methods were introdu ced, with the electric chair coming about around theRead MoreAnalytical Philosophy : The Law Of The Land As It s Exists Today1049 Words   |  5 Pagesunderstand the nature of law. Although John Austin is considered the father of the school of analytical jurisprudence, the origins of this school of thought date back to the time of Jeremy Bentham (1748-1832). Bentham’s work has come into light recently is now known to be the founder of this approach. Austin owes a lot to Bentham as much of his work is just a â€Å"para-phrasing† of Bentham’s work. Scope of analytical school of jurisprudence can be observed as follows:- †¢ Analysis of the legal system andRead MoreHate Propaganda And The Criminal Code Of Canada1589 Words   |  7 Pagesis in Sections 318, 319, and 320 of the Criminal Code of Canada, and it states that Hate propaganda means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319. and â€Å"Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.† Under s. 319(1) of the Criminal Code, â€Å"anyone who communicates statementsRead MoreThe Classical School And The Positivist School881 Words   |  4 Pagesfully bloom until the 1800s when criminal laws were being made and enforced (Altrichter, 2015). With this in mind, the first school to be developed through criminology was the classical school. The classical school was founded upon the thoughts and ideas of Cesare Beccaria a nd Jeremy Bentham (Altrichter, 2015). Cesare Beccaria implicated the idea that a crime is to be punished depending on its severity and rather not the criminal (Altrichter, 2015). Jeremy Bentham contributed to the classical schoolRead MoreDeterrence Theory And The Criminal Justice Field Essay1578 Words   |  7 Pagesbased upon a belief that citizens choose to obey or violate the law after determining the advantages and disadvantages of their actions (Paternoster, 2010). Deterrence, in the criminal justice field, dissuades individuals from criminal activity and from continuing to live a life of crime after committing the first criminal like act (Dutton, 2014). Law enforcement provides sanctions in the form of imprisonment, probation and fines (Paternoster, 2010). In the United States, a practical example of deterrence