CESARE BECCARIA
(1738 – 1794)

Cesare Beccaria was born the eldest son to an aristocratic family and was
educated in a Jesuit school.

Became close friends with “The Academy of Fists” which focused on reforming
the criminal justice system.

Wrote On Crime and Punishments (1764) which protests against torture to
obtain confessions, secret accusations, the arbitrary discretionary power of
judges, the inconsistent and inequality of sentencing, using connections to get
a lesser punishment and the use of capital punishment for serious and even
minor offences.

Beccaria based his position on two key philosophical theories; social contract
and utility. Social contract states that a citizen and the government have an
agreement. The citizen pledges allegiance and government promises
protection. Under this theory, Beccaria argues that punishment is only
justified if it defend the contract and to ensure that everyone will be motivated
to abide by it. Under the theory of utility, the punishment selected should be
that which serves the greatest public good.

2 main theories of justifying punishment:
a)
Retributive Approach
b)
Utilitarian approach
Beccaria states that the purpose of punishment is to create a better society, not
revenge.

Beccaria argues that punishment should be swift since this is the greatest
deterrent. This follows from the associationist theory of how the mind
connects ideas. Ideas connect when they are quickly associated and the link is
stronger when they are related. (For example to connect crime and
punishment, the punishment must come swiftly after the crime is committed
and then is strengthened when the punishment is somehow related to the
crime.)

According to Beccaria, there is no justification for severe punishments
because in time we will grow accustomed to increases in the severity of
punishment and thus the increase will lose its effects. There are limits on how
much punishment we can take and therefore there must be limits on how
much we inflict.

The law must be clear in defining crimes so that judges do not interpret the
law, but only decide if the law has been broken. Punishment should be related
to the severity of the crime. (Treason is the worst and crimes against property
the least)


The best ways to prevent crime are to enact clear simple laws, reward virtue
and improve education.
On Crime and Punishments gives the first major critique on the use of capital
punishment. His position is that capital punishment is not necessary and
long-term imprisonment is a more powerful deterrent.

A citizen must give up some of their rights to enter the social contract but they
do not give up their right to life. If the citizen is in fear for their life by the
government that has pledged to protect it, then the cost of the social contract
is too high. Social Contract theory states that only a minimal number of rights
are given up in the exchange.

History shows that capital punishment is not a deterrent for criminals. A
steady example over a long period of time is more effective than is a single
shocking example of an execution. Beccaria suggests that perpetual slavery is
a more effective deterrent since it will leave a more lasting impression for the
spectator.

Beccaria also argues that the death penalty has a negative effect on society
because it reduced sensitivity to human suffering. Moreover it perpetuates a
view of tyranny by the government which may encourage criminal activity.
THE CATECHISM OF THE CATHOLIC CHURCH ON PUNISHMENT
1930 Respect for the human person entails respect for the rights that flow from
his dignity as a creature. These rights are prior to society and must be
recognized by it. They are the basis of the moral legitimacy of every
authority: by flouting them, or refusing to recognize them, a society
undermines its own legitimacy. If it does not respect them, authority can
rely only on force or violence to obtain obedience from its subjects.
2265 Legitimate defense can be not only a right but a grave duty for someone
responsible for another’s life, the common good of the family or of the
state.
2266 Preserving the common good of society requires rendering the aggressor
unable to inflict harm. For this reason the traditional teaching of the
Church has acknowledged as well-founded the right and duty of legitimate
public authority to punish malefactors by means of penalties
commensurate with the gravity of the crimes, not excluding, in cases of
extreme gravity, the death penalty.
The primary effect of punishment is to redress the disorder caused by the
offence. When his punishment is voluntarily accepted by the offender, it
takes on the value of expiation (to make amends). Moreover, punishment
has the effect of preserving public order and the safety of persons. Finally
punishment has a medicinal value; as far as possible it should contribute
to the correction of the offender.
2267 If bloodless means are sufficient to defend human lives against an
aggressor and to protect the public order and the safety of persons, public
authority should limit itself to such means, because they better correspond
to the concrete conditions of the common good and are more in
conformity to the dignity of the human person.
Today, in fact, as a consequence of the possibilities which the state has for
effectively preventing crime, by rendering one who has committed an
offence incapable of doing harm – without definitively taking away from
him the possibility of redeeming himself – the cases in which the
execution of the offender is an absolute necessity ‘are very rare, if not
practically non-existent.’
2306 Those who renounce violence and bloodshed and, in order to safeguard
human rights, make use of those means of defence available to the
weakest, bear witness to evangelical charity, provided they do so without
harming the rights and obligations of other men and societies. They bear
legitimate witness to the gravity of the physical and moral risks of recourse
to violence, with its destruction and death.