• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month


Extracts from this document...


Criminology is the study of ideas and theory's in the criminal justice system and the actions and processes which are initiated, in correlation with crimes, and the criminals who commit them. The key to understanding the criminal justice system is to have a concise understanding of the theories on how, and why crimes are committed. Once there is an understanding of these factors, there then is ability to pass an educated judgement, on the reasoning behind the factors of crime, and criminality in general. The two main theories, which have been crucial to the thinking, and understanding of criminology, are the Positive School, and Classical School. Both of these schools were developed between the 14th and 17th century and have been instrumental in the construction of our criminal justice system throughout history, and into the present. The Classical School is based on two main theorists, Jeremy Bentham and Cesare Beccaria, who developed their ideas from the late 1700's, to the early 1800's. Some of the key points, which are addressed, are deterrence, hedonism, and social contract. ...read more.


(Criminal Code, sec. 752 - 761). If the court finds the offender to be a "dangerous offender" he or she will be held in a penitentiary for an indeterminate period of time. The offender will only be released when the National parole board has certified that he or she is no longer a threat to society, and no longer a dangerous offender. These rules also revolve around the notion that there is a cause for crime other than hedonism' like Beccaria had explained. Lomborso believed that there were multiple factors in the causation of crime (Vold, Bernard, 1986) therefore the Positive School view on crime was to find the causes for criminal behavior and intervene before offences could occur. Also to treat offenders, until they were deemed not harmful to society, rather than punish them for making a wrong decision. The use of indeterminate sentencing is crucial, in the distinction between the Positive and Classical School's. There can be no use of an indeterminate sentence to fulfill the theory on deterrence, where as "the prevention in which the threat of punishment or retribution is expected to forestall some act from occurring." (Sacco, Kennedy, 2002). ...read more.


The Positive School is also shown in the punishment for the breach of a peace bond. Which state in the criminal code that if the peace bond or any of the conditions set out by the court are broken, it can result in the feared person being jailed for up to a year (Criminal Code, sec. 810). This is another example of an indeterminate sentence, which could not be associated with the Classical Schools' theories on punishment. The use of indeterminate sentencing, and quest for intervention by the use of examples, other than deterrence, have shown that the "dangerous offender" clause, and the " peace bond" are classified as examples of the Positive School theory's being put use. The certainty of punishment is not prevalent in these examples of the criminal code; therefore neither of these laws can be classified as laws derived mainly from the Classical School theorists. However the two schools' are not as contradictory and they may seem, and today's laws are derived from a meshing of both Classical and Positive Schools' to try and find they best ways to intervene, deter, combat against crime as we know it. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Critically evaluate the aims and consequences of sentencing and show how the laws regarding ...

    Age, mental awareness, aggravating factors, previous good behaviour, provocation and even remorse can all be taken into account. Also the tendering of a guilty plea can help an offender. However, the courts will frown upon those who they believe they can 'bargain', for example, those who state they will plead guilty if they don't get a custodial sentence.

  2. A critical evaluation of labelling theory.

    of being defined causes the individual to start to behave as they were originally, but wrongly, defined. Therefore a self-fulfilling prophecy has been created. According to this reasoning then, most offenders are wrongly labelled as criminal, although labelling theorists obviously acknowledge that offenders have violated the law, and the problem

  1. The Death Penalty in Canada. There are many issues surrounding the rebirth of ...

    2009. Retrieved from http://www.docshare.com/doc/112325/History-and-the-Pros-and-Cons-of-Capital-Puni ii No Author. Murders Drop in New Jersey Following Moratorium and Abolition of Death Penalty. Death Penalty Info Center. 2009. Retrieved from http://www.deathpenaltyinfo.org/murders-drop-new-jersey-following-moratorium-and-abolition-death-penalty iii No Author. Deterrence: States Without the Death Penalty have had Consistently Lower Murder Rates. Death Penalty Info Center. 2010.

  2. The Canadian Justice system towards aboriginal offenders

    One of the essential elements of the sentencing circle is that it is conducted in an atmosphere which is less daunting to the offender than the courtroom.15 Accordingly, most sentencing circles are held in band halls, or other locations of comfort to all parties involved, where "the professional monopoly of

  1. Notes on Sentencing in British courts

    o For 10 -13 yr olds available if max sentence for crime at least 14 yrs [adult], or is offence of indecent assault on woman under sec 14 sexual offences act 1956. o 14 - 17 yr olds also available causing death by dangerous driving, drink, drugs.

  2. "Examine why sexual offenders attract so much attention these days. How has the Criminal ...

    It has also led to calls for a Sarah's Law, whereby local communities would have the right to be informed of the details of those convicted for sexual offences. This demand for the "right to know" (Jackson & Scott 1999, p86)

  1. Mandatory Minimums: A National Injustice

    Judges are only allowed to look at the weight and type of drug involved to determine sentencing. They are not allowed to consider any other circumstances. This practically "straightjackets" the judge, forcing judges to hand out ridiculous and unjust sentences (Cruel).

  2. Expert Testimony and Its Value In the Justice System

    If was explained in that if only one person in every million has a DNA profile that matches the one left at the crime scene and the defendant has a matching DNA profile then there is a million to one probability that the defendant left the crime scene and is guilty of the crime.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work