Early in the 18th century, philosophers like Cesare and Bentham promoted classical criminology theory to address the shortcomings of feudal law in punishing and preventing crime. (Siegel, 104). According to the theory, the inequitable way that punishment was meted out made the feudal structure ineffective. wherein the rich and powerful were spared, whereas the impoverished received harsh punishment for the same offenses. The greater economic and social independence that reversed some of the privileges granted to the nobility under the feudal system led to the classical theory's suggestion. The classical theory promoted the idea that for one to commit a crime, they had chosen to do so after deciding the benefits outweigh the repercussions. Thus the prescribed punishment would be severe and dealt in a swift manner which would act as a deterrence to would be criminals. The theory argued that punishment should be uniform and less harsh as opposed to the feudal system. These new insights of the criminal justice system could be attributed to the emancipation and enlightenment of commoners. The theorist sought to find out the reason why people commit a crime and from that find lasting solutions. Several other theories would borrow from the classical approach one of them being the rational theory, which explains that crimes are well thought of before they are committed (Siegel, 111).
In the feudal system, the punishment was not uniform, and judges would pass judgment as they saw fit which necessitated the need for standardization since while some were forgiven others faced severe penalties such as death for the same offense. The proponents of the classical theory argued that with uniform laws consistent with the crime committed which could be applied immediately, criminality would be deterred (Siegel, 120). They explained that even though human being seeks to serve their interests, they are sensible and would rethink committing a crime when they know the prescribed punishment.
Work Cited
Siegel Larry, J. "Criminology: theories, patterns, and ty-pologies." (2012). Pp, 3-121
