Explain the comments in the scenario (in description) do explain the comments using classical criminology theories only?

Question

I have to apply classical theories such as theories by Jeremy Bentham and Cesare Beccaria to explain a in which an MP argues for capital punishment as a means of stopping people from commiting crime (in this case, people who commit murder should face capital punishment which is an eye for an eye. Additionally, it argues that laws and punishment should be written in Latin and that courts should be hidden from the public to create a sense of mystery. How do I go about explaining this?

Answer 1

Cesare Beccaria's classical crime theory focuses on the belief that people have their own free will and that an individual is the only one who is responsible for their own actions.

One of Jerry Bentham's beliefs is that before conducting an action, an individual will consider both the positive/negative consequences of that action. If a potential criminal wanted to commit theft, they would most likely choose to rob a business where they will have the least risk of being incarcerated. They would not try to rob a business with a heavy police presence either in/nearby.

There are several different aspects of justice. Deterrence is a form of crime control that informs the general public as a whole about what will happen if they commit a certain offense. Retribution is more in line with an eye for an eye, as this is a way of "getting even". "Because you have unlawfully killed this person, we will be putting you to death" is the general logic of retribution.

Writing laws in Latin and having court sessions in secret would not be a good idea. Even though most laws are obvious, such as no speeding, don't drink and drive, don't rape, murder, etc... Some laws are more obscure. In regards to courts, I believe that there is a deterrent effect to crime in having public trials. If a court case ends with the defendant facing 20-30 years or even life in prison, I guarantee that the majority of the courtroom will tell themselves that they will never be committing that particular offense. They will hold themselves to a higher standard of accountability if they know the consequences.