Classical School and Positive Criminology | Essay

Classical School and Positive Criminology | Essay Around the mid-eighteenth century, philosophers began arguing for a more rational, humanistic approach to criminal punishment. They sought to eliminate the cruel, public executions which were designed to deter crime or scare people into submission. In doing so the Classical and Positive Schools, as they pertain to criminal behavior, began to take shape. The field of criminology basically began with the establishment of the Classical School. According to this school human behavior is rational, meaning individuals have the ability to choose right from wrong and therefore they rationally choose to commit crime. The Classical School was developed by Cesare Beccaria, an Italian philosopher and Jeremy Bentham, an English philosopher, in response to the cruel European justice system that existed prior to 1789. Eighteenth century Europeans utilized capital punishment as a consequence of crime and deviant behavior. On the other hand, the Positive School, developed by Cesare Lombroso, an Italian surgeon, and two of his students, Enrico Ferri and Raffaele Garofalo, is the study of criminal behavior based upon external factors. According to Franklin P. Williams in Criminological Theory (2014), He reported that criminals manifest traits of sensory impairment; a lack of moral sense, particularly the absence of remorse; and the use of slang and ta ttoos (page 30). Lombroso believes a person is predisposed to a criminal lifestyle because he is born a criminal and not made into one. Each school of thought, Classical and Positive, has impacted the criminal justice system today. Both schools are in force, and both are instrumental in the ending of cruel, inhumane treatment of criminals and to the reformation of the death penalty. The Classical School views human behavior as rational in nature; believes that people have the ability to choose right from wrong; and believes that the major factor governing a persons choice is the desire to obtain pleasure and avoid pain. Punishment for crimes should be swift and certain, and must be public, prompt and necessary. It has to be proportionate to the crime and dictated by law. The primary idea behind the Positive School is that criminals are born as criminals, not made into criminals. It is the nature of the person, not how one is raised, that results in criminal tendencies. The positivist rejects the ideas that humans have a free will, that each individual makes a conscious, rational choice to commit a crime. They believe that an individuals behavior is determined by various biological (atavism), psychological (faulty personality development) and sociological (social structure) factors. Basically, due to these factors, responsibility for an offenders actions is reduced. Also, the punishment for crime must fit the offender rather than the crime. Rehabilitation, instead of punishment, is a major part of the treatment plan under this school of thought. Classical and Positive Schools both share the same idea that criminal behavior can be controlled and is a consequence of human nature. The two schools believe the most serious crimes are committed by people who are atavists or who fail to change into a civilized human state. The Positive School is concerned with reforming the offender by isolating the causes of the offenders criminal behavior, while the Classical School focuses on retribution by creating an environment where crime is based on a persons free will. The Positive School studies the natural origin of crime and focuses on what factors induce offenders to commit crimes. In contrast, the Classical School believes the offender commits a crime of his own free will knowing a form of punishment will follow. The Classical School emphasizes that people make a rational decision to commit a crime. This means that the offender will think the crime through considering the positive and negative consequences of the crime. So, if the immediate gain of the crime exceeds to consequences of punishment, the offender will choose to commit the crime and suffer the consequences later. Individuals who believe in this theory, believe the logical way to reduce crime is to give criminals harsher punishments. An example of harsher punishments is the mandatory minimum sentencing laws requiring set prison terms for certain crimes. However, the one-size-fits-all concept may seem like a quick fix, but they undermine justice by precluding judges from fitting the punishment to the individual and the circumstances of the offense as theorized by the Positive School. Also, the tough on crime mentality, through mandatory sentencing laws, adds to the billions of dollars spent to incarcerate offenders who may fair bett er under community supervision programs, such as probation. Mandatory minimums also lead to prison overcrowding, excessive costs to taxpayers and a diversion of dollars for law enforcement. Each school of thought, both the Classical and Positive, impacts the criminal justice system today. They are both in force and contribute to the ending of cruel and inhumane treatment of criminals. The United States Constitution is based on these two schools. The classical school concepts of letting the punishment fit the crime is the basis for the sentencing guidelines of the justice system and the positive school concepts make it possible for criminals to acquire the rehabilitative services they need in order to become functioning members of society. References Williams, III, Franklin P., and Marilyn D. McShane. (2014). Criminological Theory, 6th ed. Upper Saddle River, NJ: Pearson Education, Inc.

History vs. Hollywood Essay

Glory: Hollywood vs. History Glory is a movie about the 54th Massachusetts Infantry Regiment, one of the first official all black units in the United States during the Civil War. It’s an inspirational story of how a young Union soldier, Robert Gould Shaw, is offered the chance to lead an army unit that will change not only his life, but the lives of many other Americans. Glory does a great Job of capturing many of the feelings towards the black soldiers during the Civil War. The film is based off of the writings of Robert Gould Shaw, from letters he sent to his friends and family members. Most of the events in the movie re depicted very closely to how they actually happened. Director Edward Zwick tried to keep the movie as historically accurate as possible but, as many history movies do, Glory left out some important details. Shaws parents were both well-known abolitionist, and in Glory, so is he. Truthfully, Shaw didn’t share his parents’ passion for freeing the slaves. Shaw spent most of his youth studying and traveling in Europe. Eventually he attended Harvard, but ended up dropping out. Not long after leaving Harvard, the war began and Shaw found his purpose. He immediately Joined the army and headed to the fght. After nearly 3 years, Shaw reached the rank of Captain. This is when he received the opportunity to lead the 54th. In the film, Shaw is asked by Massachusetts Governor John A. Andrew to lead the 54th while at a dinner party, and after little hesitation, he gladly accepts. In reality, Shaw wasn’t Andrews first choice for the position, nor was Shaw ever at said dinner party. Shaw was actually approached by his father at a Union camp. At first Shaw declined, then after a few days of thought and pressure from his mother, he reluctantly accepted. In the movie, Shaw is promoted to Colonel immediately after accepting the position, but military ecords show he was a major for several months until the regiment grew in numbers. In Glory, Shaw asks his best friend, Cabot Forbes, to be his Major. In reality, Forbes doesn’t actually exist, or never did. The writers of Glory combined two of the recipients of Shaws letters’ names together and created the character of Cabot Forbes. In fact, of the main characters in Glory, Shaw is the only one who was a real person. Silas Trip, John Rawlins, and the rest of Glorys stars are all composite characters. On that note, the movie gives the idea that most of the members of the 4th were runaway slaves, while nearly all of the members were actually free blacks from the North. Frederick Douglass makes in appearance in the movie, but his two sons, who were actually members of the 54th, do not. Going back to Shaws feelings about the 54th, Shaw was, at first, dubious. After working with the men and realizing that they could fght Just as well as white soldiers, he grew to respect them. Shaw became eager to get his men into action, so he could prove what they were capable of. Shaw later learns that the black soldiers were to be paid less than the white ones. In the movie, Shaw announces this to the regiment, and Private Silas Trip, a former slave who escaped his masters, begins protesting and gets all of the men to tear up their paychecks and boycott. Shaw then says â€Å"If you men will take no pay, then none of us will. â€Å", and tears up his check as well. In reality, Shaw was the one who led the boycott, refusing all wages until the problem was fixed. In the movie, Shaw spends a lot ot time tgnting to get unitorms and shoes tor his soldiers. The unitorms eventually arrive, but the shoes do not. Shaw has to go to one of his superiors and argue for the shoes. There is a moment where the colored men escort Shaw to the door and stand watch in a comical way. This scene shows that Shaw has truly developed a bond with his men, but is really for the audience’s pleasure. Nothing is written of this dispute, though there is no doubt was an actual problem. Shaw married Annie Kneeland Haggerty, Just days before the 54th is sent to the South for service, which is never mentioned in the film. There is another scene in the movie that is clearly for the audience, but it does have some truth behind it. When the 54th is marching south, they run into a regiment of white soldiers, and a quarrel breaks ut between Private Trip and some of the white men. Rawlins steps in to stop the fght and one of the white men is about to be disciplined, but Rawlins says that there is no need. This scene is displays the harsh criticism the 5th received, even from their own side, but it also gives a halo effect to Rawlins, who could have easily said nothing, and watched the soldier get punished. Later on down the road the 54th meets up with Colonel James Montgomery, the colonel of another all black regiment. In the movie Montgomery was a racist and didn’t discipline his men at all. While the eal Montgomery was noted to have discipline issues, the movie probably took it way out of hand, Montgomery even shoots one of his men for misbehaving. Montgomery later takes the 54th â€Å"to see some action†, which actually meant looting and setting fire to a town of innocents. In the movie, Montgomery threatens Shaw to set fire to the town by saying he’ll take command of the 54th if he doesn’t follow orders, so Shaw reluctantly orders the town to be burned. Shaw writes of this event in his letters, stating â€Å"the civilian population of women and children were fired upon, forced from their homes, their possessions looted, and the town burned. Shaw also noted, â€Å"On the way up, Montgomery threw several shells among the plantation buildings, in what seemed to me a very brutal way; for he didn’t know how many women and children there might be. † Shaw even states he was ordered to set fire to the town but he refused. There is no mention of Montgomery threatening him, but he stated â€Å"The reasons he gave me for destroying Darien were, that the Southerners must be made to feel that this was a real war, and that they were to be swept away by the hand of God, like the Jews of old. In theory it may seem all right to some, but when it comes to eing made the instrument of the Lord’s vengeance, I myself don’t like it. Then he says, â€Å"We are outlawed, and therefore not bound by the rules of regular warfare†; but that makes it nonetheless revolting to wreak our vengeance on the innocent and defenseless. Soon after the ordeal with Montgomery, the 54th gets some real action, their first battle. They defeat the attacking rebels, suffering minor casualties. Only two days after the skirmish, the 54th was chosen to lead an assault on Fort Wagner. In the movie, Shaw heroically volunteers, even though he knows that leading this ssault will cause great casualties to his regiment. Before the battle Shaw says â€Å"If this man should fall, who will lift the flag and carry on? â€Å", and Thomas says he’ll do it. However, this wasn’t actually how it happened. General George Crockett Strong was the one who asked the question, and Shaw was the one who replied. During the assault in the movie, the water is to the left of the men, but really the 54th attacked with the water on their right. In the movie, the original flag bearer is killed, as you would expect, and Shaw gets it He then stand up and snouts † Forward Fi and is shot in the chest multiple times. According to the survivors, these were Shaws actual last words, and he hollered them shortly before being shot through the heart. After all of the carnage there is a scene where the Confederate soldiers drag Shaws body into a mass grave full of men from the 54th. This actually happens, though there is a little more to it. Confederate General Johnson Hagood told the Union he would not return Shaws body because he was leading colored men. This was intended to be an insult, but the Shaws didn’t take it that way. Shaws father even said â€Å"We would not have his body removed from where it lies surrounded by his rave and devoted soldiers†¦. We can imagine no holier place than that in which he lies, among his brave and devoted followers, nor wish for him better company – what a body-guard he has! † Overall, Glory is a very good historical film. The writers didn’t change too many facts or change the character of the actual people too much. Even though most of the main characters are fictional, the story was still almost completely factual. Glory has a great cast and a good plot. The story of the 54th Massachusetts is interesting and inspirational, and Glory is a must-watch movie for all ages.

The Cost Of Higher Education Essay - 2074 Words

How to Combat the Cost of Rising Higher Education The cost of higher education is on the rise in the United States of America (USA). â€Å"Technology tends to unbundle stuff. Look how it’s unbundling television, or how it unbundled the music album. The college degree is a bundle that doesn’t work for everybody and creates unnatural market conditions, which is why college costs consistently rise faster than inflation.† (Newsweek) The cost of higher education tuition is skyrocketing throughout the USA. Imagine being a lower class family, both you and your spouse have fulltime jobs and just one of your children’ wants to pursue a higher education at a university. This is going to cost more than seventy percent of your yearly income, but it’s a gamble that may break the poverty cycle or may end you leaving you worse off. This is the choice that about ninety percent of the population in the USA is forced to contemplate. The struggle is real and the idea of assuming such a huge financial burden causes so many to forgo the pursuit of higher education because of what it will do their families. So what is the impact of not obtaining a college degree? Sadly, by 2020 it is estimated that a lack of a college degree will automatically exclude a person from applying to over sixty percent of jobs. This will also drive a huge wedge into society by polarizing the rich from the poor and creating a larger societal gap. To combat the rising cost of education there are several approaches the USAShow MoreRelatedThe Cost of Higher Education754 Words   |  3 Pages For most high school seniors the cost of higher education may be a daily or at least. It is an even a concern in that a group of students, who all share a common, concern, around the same age, but with no reliable income. Each one is making a huge investment in their future, but in majority of cases adding more and more debt to their lifestyles. 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Additionally, taking in consideration the current cost compared to the past 5 to 10 years is very important when addressing this issue. As the cost of a college degree increases it is becoming harderRead MoreRising Cost Of Higher Education1345 Words   |  6 PagesI have selected to write about the rising cost of higher education in the United States. In mass media we see discussions of how expensive it is for students to afford admission to a four-year college, student debt being higher than it ever has in previous years, and how these consequences make it difficult for graduating students to attain social mobility. As a student, it is within my best interest to discover the social factors that influence the cost of attaining a college degree. Many of my

What Is Your Definition of Leadership Discuss and...

In my opinion, leadership is the ability to inspire and motivate people enough for them to be willing to participate and get involved towards the achievement of a common goal. I see leadership as a process which can be improved over time and experience, but only by someone who has some innate leadership competences. In determining what leadership means to me, I decided to analyse two different leadership cases. I will firstly discuss and analyse Nelson Mandela’s leadership style, which appeared to be mainly transformational. I will try to demonstrate how Nelson Mandela proved that leadership was a two-way process between the leader and his followers, and how crucial it is for a leader to be respected and admired by his followers in order†¦show more content†¦This way, he managed to get people to be more engaged and devoted to a particular cause, leading to higher productivity towards their goals’ achievement (Lewin, K., Liippit, R. and White, R.K. 1939). Moreover, by entering the debate and being the last one to speak, he also gains a considerable advantage, as he is the one to close the argument. He also cultivated other leadership skills through his personal experience of being a cattle herder: When you want to get a herd to move in a certain direction, you stand at the back with a stick. Then a few of the more energetic cattle move to the front and the rest of the cattle follow. You are really guiding them from behind. That is how a leader should do his work (Stengel, 1994, Nelson Mandela: The making of a leader, Time Magazine, May 9th 1994). Thus, even before being in any position of leadership, Nelson Mandela revealed himself as a born leader. We can consequently assume that the Traits approach is relevant to efficient leadership. Indeed, Mandela seems to have been â€Å"born† with some essential traits that characterize a leader. Known as the â€Å"main-man† in South Africa, he was charismatic, influential, sociable, intelligent, alert, persistent, responsible, self-confident, and ready to assume the consequences of his decisions, as he did by going to jail . 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