Classical Criminology (1750s – 1850s) Bentham & Beccaria The Rise of the Prisons & Penitentiary

Social Contract ◦ Rise of Citizen & State ◦ Common good Massive population growth ◦ Populations less homogeneous ◦ Social bonds weakened ◦ 1830s Sir Robert Peel (Britain) Cash for Labour ◦ Individuality (economic & political) ◦ Citizens & the rise of the Nation State ◦ Private v. collective property Reformation French Revolution

Reign of Terror “devoured its own children” 1793 until 1794 Association of Terror with Virtue

Napolean Emperor of the French from 1804 to 1815 ◦ Taxation ◦ Family names ◦ Millitaristic ends

Napoleonic Code/Civil Code 1804 ‘All citizens’ were equal before the law* right to property was inviolable ◦ Civil death (1854) Article 544 ◦ No regulation for labourers/wages ◦ Unions illegal

Civil Code 1804 Following the tradition of Roman law, a woman found guilty of adultery could be imprisoned for between 3 months and 2 years depending on the inclination of the husband. A husband convicted of adultery (a husband had to introduce the mistress into the home to meet the requirement of adultery) was only subject to a fine of from 100 to 2,000 francs. A man who, in a fit of passion, murdered his spouse in flagrante delicto was guilty of no crime. A woman in the same situation was subject to the rigors of the law. (Holmberg)

Women & The Family Code 1974 in Canada (case law) 2013 First Nations women…

Law promoted rational control by the central government at the cost of moral emancipation Individual freedom in so far as one was free to help the state in its pursuit of power.

Bentham - Utilitarianism Freedom unless harm to others -John Stewart Mill & Harriet Taylor expand upon Bentham’s quantification...since the world is not harmonious, you must choose the least bad, the greatest happiness of the greatest number. Individual freedom is limited to social utility Response to paternalistic and moral governance

Classical Criminology Cesare Beccaria Essays On Crime and Punishment,1764 Jeremy Bentham Principals & Morals of Legislation,1789 “If there is no demonstratable victims, there should be no punishment”

Cecare Beccaria (1738 – 1794) Upper class Italian Dissidents in Milan ◦ “School of Fists” ◦ Legal reformers Response to: Demonic Social Control Corruption & independent judges

Essay in Crime and Punishment Essay in Crime and Punishment 1764 “...a systematic plan for making legal social control more humane and rational” (Pfohl, 1985:55) Wide appeal Harsh arbitrary punishment loses favour

Principles of Crime and Punishment Necessity of Rational Punishment Preservation of social contract Remind individuals of common interest in social order Defense of public liberty (not tyranny)

Principles of Crime and Punishment Legislated Law & Judicial Guilt Legislators: Define acts that violate common good Assign appropriate punishment Judges: Determine guilt/innocence

Principles of Crime and Punishment Purpose of social control: Deterrence Specific and general Swift & certain justice  when a punishment quickly follows a crime, then the two ideas of “crime” and “punishment” will be more quickly associated in a person’s mind.

Control the Act not Actor Problematic to thesis All actors assumed to have same ‘free will’ & hedonistic calculators Principles of Crime and Punishment

Jeremy Bentham ( ) Detailed classification of pleasure and pain 1. Intensity 2. Duration 3. Un/certainty 4. Proximity 5. Fecundity (chance of it being continued) 6. Purity (chance NOT continued) 7. Extent Sir Bentham loses his head...

Bentham: The Panopticon The Total Prison Developed idea living in Russia (1785)  Constant surveillance  Manipulative & Communicative  Exercising power  Performance of power  Never constructed (Bentham) although its effects can be found in prison architecture.. Widespread appeal of prison – practical implementation of classical thinking....

Foucault’s Critique of Panopticon Docile Bodies ◦ natural/normal Exercising power ◦ Rehabilitation

Critiques.... French Penal Code 1791 Applied classical thinking Overreliance on incarceration ◦ Inconsistent with utilitarian thesis (Foucault) Neoclassical Modifications Discretion ◦ Premeditation ◦ Mitigating circumstances ◦ Insanity

We become ordered through... Surveillance Efficiency Bureaucracy Expertise