MSCJ 202 My Reflection

JERDAN C.
DECIO
MY REFLECTION
ON CRIMES AND PUNISHMENT-BECCARIA
Beccaria’s book An essay on Crimes and Punishment, this study was done by
Cesare Beccaria the modern scientific theory of crimes and published on 1764.
According to them that person is a rational being who are concern with minimizing their
pain and maximizing their pleasure. That’s why, there are some person can commit
crimes unless they are deterred by the threat of punishment. Most of the persons
before also is not an educated and no one may be teach what is crimes and their
punishment accordingly when they got involved of it. In this situation persons before
focus of the pleasure to satisfy their self may be not knowing the punishment behind of
how harsh it is compare today’s generation.
Beccaria was criticize the legal system in the 1700’s and offered the proposal and
reformation of it in presenting the classical theory of crimes in the process. At this
moment of time the punishment become severe it’s because of the classical theory
having proposed to do so. An equal treatment of punishment of individual who are
committing crimes, it is unfair for those who commit a minor crime to be punish equally
in committing heinous crimes. The punishment also become severe without recognizing
the origin or the cause and effect of it in the individual. This also maybe a reason of
why individual become a criminal against the government to revenge their right as a
human being that equal treatment in unfair for everyone.

Of the origin of Punishment, Laws are the condition, under which men naturally
independent, united themselves in society. Weary of living in a continual state of war,
and enjoying a liberty which became of little value. During this time each individual live
in a limited situation and satisfaction of what is the condition in the society for their
safety and security. Each individual constituted a sovereignty of a nation; and was
deposited in the hands of the sovereign as the lawful administrator. But it was no
enough, because it is need to defend from the usurpation of individual according to the
force to control the area of their territory. It is also need to check their defense force
to protect their area of territory against the intruders in order to prevent despotism of
individuals to go back in a chaos situation. At this time may be individuals start to
imposed a punishment against those individual who violate the rules and regulation
made by the sovereign.
Of the interpretation of the law, at this time judges in criminal cases have no
right to interpret the penal laws for the reason that they are not a legislator. They are
the only one to examine if the person commit a crime against the law of the society,
the sovereign is a representative in the society and no the judge. They are represent
and interpret the law during the process of the case of their opponent. Each sovereign
has its own limited jurisdiction of their jurisdiction and territory to exercise their power
to do so. Beccaria generalized each situation as one rule may be to be followed and not
giving consideration the effect of it in the society.

Of the proportion of the crimes, that every mankind had a different perception
about the crime and the punishment, there are some thinking the consequence before
committing. The law has made a punishment in order to deterred the crime violator to
be lessen but not to eliminate totally in the society. It is sad to know even how hard
the punishment is, there is always a violator, for some reasons to satisfy their needs
and to support their family daily and being a jobless may be. Crimes can be happen
phenomenally in the world, if we are going to look back the history before us in the
time of Jesus Christ that the give everything and a miracle, still there is a violator we
inherit it already before. But, because of the punishment made by the law, crimes and
violator would be lessen and we cannot eliminate it totally, it is a part already in the
growing society.
Of the intent of Punishment, is to prevent the criminal from doing further crime
to the society and to prevent others doing the same process. To let them put a marks
on their mind a lasting impression to others not to commit a crimes. Because
sometimes there are some individuals reflect of what others can do to be followed. But
through punishment we can prevent or lessen the same process in committing crimes.
To punish them equally according of what crime they commit, not beyond of what
Beccaria did may be it will marks in the mind of individual to commit a revenge. To
harsh punishment can make individuals revenge lead them to commit crimes and to
lenient punishment can also be abuse of individual to do the same.

Of the advantage of Immediate Punishment, they more immediately after
commission of a crimes a punishment is inflicted, the more just and useful it will be.
And the level of the punishment according to what they commit must be imposed can
give individuals an impact of not committing a crimes. An immediate punishment is
good enough to a law violator to think that the law is more useful that no one is excuse
of it regardless the status of individuals. For this instance the law violator resist and to
prevent in doing any illegal act rampantly, because as we know already that crime is a
part of a growing society. The level of the crimes is depend in the level of punishment
and enforcement of them, but the most important is to be lessen and controlled by our
law any illegal activities in the society.
Of the mildness of Punishment, is quietly good enough for those accidentally
commit and unintentionally compare those who are hard headed law violators. Because
some law violators make abuse if the punishment is lenient may be they have in their
mind that the can surpass lead them to commit again and again. Mild punishment is
applicable only those in minor or delinquent act committed by a juvenile may be, to
give them a warning also that the law is just for everyone. It is just a form of warning
that everybody is not excuse even how simple delinquent act you commit you must
admit the consequences. And opposite of it to harsh punishment can give a law
violator to escape may be but the most common is to revenge their right as a human
being.
Cessare Beccaria study is based on some theory having an a result that lead
them to make a conclusions and a proposal to enforce some act of punishment to
deterred the law violator in committing crimes. It is very useful to have this study like
On crimes and punishment in order to have a guidelines to follow from the very
beginning in formulating the law and their effect in the individuals. Ended up to
present the punishment made by them got almost perfect depending on the
implementation in the society. Beccaria also gave big impact to each individuals know
him before up to present, sometimes we can think to impose the classical theory to let
everyone specially those who are law violator of what is the effect in enforcing those
law. In order to give warning those who had an illegal act and motive in the society in
other way to push down the law violator ended not to do again the same process if
they had still a chance to go back in the community.

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JERDAN C.

ON CRIMES AND PUNISHMENT-BECCARIA

how harsh it is compare today’s generation.

reformation of it in presenting the classical theory of crimes in the process. At this

having proposed to do so. An equal treatment of punishment of individual who are

human being that equal treatment in unfair for everyone.

independent, united themselves in society. Weary of living in a continual state of war,

individuals to go back in a chaos situation. At this time may be individuals start to

made by the sovereign.

giving consideration the effect of it in the society.

on their mind a lasting impression to others not to commit a crimes. Because

lenient punishment can also be abuse of individual to do the same.

give individuals an impact of not committing a crimes. An immediate punishment is

law any illegal activities in the society.

Of the mildness of Punishment, is quietly good enough for those accidentally

them to make a conclusions and a proposal to enforce some act of punishment to

they had still a chance to go back in the community.

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