Understanding Major School Of Thoughts Used To Explain Domestic Violence

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Although theories of crime largely differ in premise and emphasis the root purpose of theories in criminology is to offer explanation for crimes in the society, and assist the criminal justice system in arriving at possible solutions to solve, reduce or better yet prevent criminal acts. Theorists focus on finding answers to questions such as, why do some individuals have the propensity to commit crimes? What propel a certain class or category of people to commit crime? What influence crime within a certain geographical location? (Barkan, 2006). The criminal justice system is thus based on findings and recommendations of these theories or major school of thought. Historically, governments were concerned with the harshest and most arbitrary punishment for revenge against perpetrators. However, in the latter half of the 17th century scholars or enlightened thinkers became interested in crime and punishment in society. With this new interest, emerged different theories /schools of thought. There are three major schools of thought used to explain why people commit domestic violence: Classical school, Positivist school and Conflict school.

The classical school of criminology was realized in the 17th century when enlightened thinkers began examining the causes of crime in society and deliberate the appropriate punishment for these crimes. Cesare Beccaria became the pioneer after publishing the treatise, On Crimes and Punishment which thoroughly and extensively dealt with the subject matter (Gosselin, 2014). This gave way to the classical school of thought. Beccaria contend that that people are rationale beings and as a result are calculating. Criminals therefore make a conscious decision to commit crimes having weighed the consequences. To deter these form of crimes, the punishment should fit the crime; additionally, there should be categories of conduct that are punishable by law. To prevent offenders, the criminal justice system should act swiftly and proportionally to the criminal conduct.

In contradiction to the classical theory the positivist school postulates that people are different and as such will make different decisions. This theory was founded by Aguste Comte who argues that free will is not the reason for crime rather people behavior is determined by biological, psychological and sociological factors. Positivists seek to understand the reason for antisocial behavior (Barkan, 2006). However due to the fact that there are obvious attacks on race and gender the theory lost its popularity.

The conflict theory argues that the elite and powerful make the law in their favor to suppress and oppress the powerless. Additionally, theorist argue that all men will be abusive. Abuse is cause by male dominance in society, it thus seeks to equalize women to men. Critics argue that the theory is extreme at most and does not offer any explanation for women abusers.

Like the classical theorists, I share the belief that people commit crime under varying circumstances. For some perpetuators, especially abusers it helps them to achieve control over the victim. Abusers make the conscious decision to commit crimes. To deter such behavior, the criminal conduct must be made known and punishment appropriate. I contend that classical school of thought best explains why people commit domestic violence. Presently, it remains the authoritative theory in the criminal justice systems. It should be noted that although there is evidence in support of the theories presented, each school of thought has attracted disparagers, who shrewdly make an effort to bring claims into disrepute.

Cesare Beccaria (1738-1794), The Father of the Classical School of Criminology

The right to be judged by peers, rights against unusual punishment and the right to bear arms are some of the rights influenced by Cesare Beccaria. Cesare Bonesana, Marchese di Beccaria, 1738-1794 is an Italian enlightenment thinker and a scholar who emerged with the ideology that punishment should fit the crime rather than executing draconian laws and arbitrary punishment to revenge the perpetrator (SAGE, 2018). While his first published work is “On Remedies for Monetary Disorders of Milan in the Year 1762”, his most recognized and renown work, is the treatise “On Crimes and Punishments” which became prominent in the legal system and the basis for reform in penal system globally. The treatise is published in several languages as it is globally accepted; it was the first work establishing the guidelines and procedures of the penal system in a systematic and brief manner protecting human rights with intellectual acuity, clarity and rationale arguments. Both the government and civil rights advocates are able to understand and relate to the information presented in the document. Cesare Beccaria work form the framework for the constitution and is widely incorporation the penal system.

Cesare Beccaria theory comprises of three aspects; the idea that human have freewill, human beings are rational and as such they are calculating. Beccaria contends that all human beings exercise free will and choices are made on this basis, next human beings are rational which results in them being self-serving/egoistic. This is where the relationship between crime and law lies. If the individual will gain personal satisfaction from deviating from the law, then he/she will commit deviant acts. The third aspect makes reference to manipulability which results in predictable acts and consequently, these acts can be controlled. Beccaria contends that laws are the guidelines governing society and will either prohibit or encourage certain types of behavior. The criminal justice system should therefore work to prevent or reduce deviant behavior or crime in society. To achieve this, appropriate punishment/ sanctions must be established in the penal system. Punishment must be fair, balanced and proportionate to be effective in the criminal justice system(Seigel,2013). In his work Beccaria observed the need for the government to exercise laws and use punishment to maintain social order and control deviant behavior / criminal act.

Conclusion

Beccaria work did not go unchallenged; in fact, his work continues to attract critics. The classical school is referred to as simplistic as it does not offer an explanation as to why people commit crimes but instead to control their act. Critics argue that the classical theory is reactive, not proactive. However, he is known as the Father of criminal Justice and father of the Classical school of thought in criminology. The American Constitution is a reflection of the work of Beccaria, the Bill of Rights and criminal justice system still recognize and use his work in deterring and preventing crimes in the society. The classical school of thought in criminology is growing and is the foundation for other theories such a Rational Choice and Deterrence theory. His influence persists.

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Understanding Major School Of Thoughts Used To Explain Domestic Violence

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