Cesare Beccaira Questions?

For Beccaria, the purpose of punishment is to create a better society, not revenge. Punishment serves to deter others from committing crimes, and to prevent the criminal from repeating his crime.

Beccaria argues that Punishment should be swift since this has the greatest deterrence value. He defends his view about the swiftness of punishment by appealing to the theory of the association of ideas (developed most notably by David Hume and David Hartley). According to associationists, if we know the rules by which the mind connects together two different ideas (such as the ideas of crime and punishment), then we can strengthen their association. For Beccaria when a punishment quickly follows a crime, then the two ideas of "crime" and "punishment" will be more quickly associated in a person's mind. Also, the link between a crime and a punishment is stronger if the punishment is somehow related to the crime. Given the fact that the swiftness of punishment has the greatest impact on deterring others, Beccaria argues that there is no justification for severe punishments. In time we will naturally grow accustomed to increases in severity of punishment, and, thus, the initial increase in severity will lose its effect. There are limits both to how much torment we can endure, and also how much we can inflict.

Beccaria touches on an array of criminal justice practices, recommending reform. For example, he argues that dueling can be eliminated if laws protected a person from insults to his honor. Laws against suicide are ineffective, and thus should be eliminated, leaving punishment of suicide to God. Bounty hunting should not be permitted since it incites people to be immoral and shows a weakness in the government. He argues that laws should be clear in defining crimes so that judges do not interpret the law, but only decide whether a law has been broken. Punishments should be in degree to the severity of the crime. Treason is the worst crime since it harms the social contract. This is followed by violence against a person or his property, and, finally, by public disruption. Crimes against property should be punished by fines. The best ways to prevent crimes are to enact clear and simple laws, reward virtue, and improve education.