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The Death Penalty and Criticisms of Beccarias Work

rol. Beccaria learned well. He read, observed, and made notes on small scraps of paper. These notes, Harry Elmer Barnes has observed, were destined to “assure to its author immortality and would work a revolution in the moral world” upon their publication in July 1764 under the title Dei delitti e delle pene (On Crimes and Punishment). Beccaria presented a coherent, comprehensive designs for an enlightened criminal justice system that was serve the people rather than the monarchy. (p. 62-63) After On Crimes and Punishment was published Beccaria was considered the founder of Classical school of Criminology.The Death penalty The death penalty also known as capital punishment is being put to death for committing a crime. Beccaria (1764/1963) views the death penalty as a “ . . . useless prodigality of torments, which has never made man better . . . .” The purpose of punishment is to deter crime, but when that punishment exceeds what is necessary to deter crime it becomes unjust, according to Beccaria. What can justify the execution of one of societies citizens? How can we determine if the punishment of the crime should be death? Are there any crime that are justified by the killing of a human being? These are some questions that Beccaria (1764/1963) answers: There are only two possible motives for believing that the death of a citizen is necessary. The first: when it is evident even if deprived of liberty he still has connections and power such as endanger the security of the nation-when, that is, his existence can produce a dangerous revolution in the established form of government. The death of a citizen thus becomes necessary when a nation is recovering or losing its Liberty or, in time of anarchy, when disorders themselves take the place of laws. . . . I see no necessity for destroying a citizen, except if his death were the only real way of restraining others from committing crimes; this is the second mo...

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