Role of Cesare Bonesana

Role of Cesare Bonesana

Introduction

Cesare Bonesana di Beccaria, an Italian, was born in 1738 and died in 1994. He was a criminologist and jurist. His legacy on crimes and punishments still prevails and is reflected in today’s criminal justice system. His stand was against torture and death sentences. He was also the founder of penology and orthodox school of criminology.  He was regarded as one of the greatest thinkers and a talented jurist in the enlightenment era. Up to date, he is regarded as the father of modern criminal law and criminal justice. His work has a significant influence on the founders of the United States (Constitution Society, n.d). Beccaria’s work is highly reflected in the American criminal justice system, as explained in this essay.

Beccaria’s theory and how it features in the American criminal justice system

Beccaria’s theory is based on free will and rationalism. It states that all human beings have a right to freedom. Everybody has a right and is entitled to the decisions that they make. It also reasons that people act in a rational manner as they try to seek personal satisfaction or make ends meet. In this process, thy end up indulging in deviant acts. Law enforcers, on the other hand, have a role in keeping society safe. Their interests hence clashes with that of offenders. Beccaria reasons that it is necessary to have laws that will prevent the abuse of free will granted to all people, especially when the freedom interferes with peace and order. This element is widely seen in the American criminal justice system (Constitution Society, n.d). The 14^th amendment protects the rights of individuals. Citizens are allowed to make choices so long as their choices do not cause harm and disturbance to society, which in this case, then, their rights will be limited.

Beccaria advocated for a reasonable way to determine punishment. He did not support cruel punishments. However, he felt that it was the government’s role to punish the citizens who disturbed society’s peace. He supported that the government should inflict punishment that is reasonable as per the crime committed. He reasoned that for a punishment to be deemed right and fair, it had to exceed the pleasures or benefits derived from the criminal activities. However, if it goes beyond the advantages, then it becomes tyrannical and superfluous. Therefore, even if the government chooses to punish a criminal, then it should not exceed what is essential for the security of society. Any punishment that exceeded what is necessary to prevent people from indulging in deviant acts should be considered unjust (Bernard et al., 2016).

This concept is evident in the American constitution and justice system, as addressed by the Eighth Amendment. This amendment prohibits the government from applying excess bail or fines. Moreover, the prisoners are protected from cruel and unusual punishment. Punishments such as hanging and quartering are totally prohibited by the Constitution. Also, the Supreme Court prohibits the implementation of capital punishment in some cases (Cornell Law School, n.d). However, it is still applicable in cases where the offender is charged with murder.

Beccaria also gives some policies that a just government can follow to maintain security. He states that laws are made by the legislatures, but the legislatures cannot pass a verdict. He also stated that judges are not supposed to be interpreters of law; laws should be stated in a simple and clear language for all to understand so that a rational person may not blame the complexity of the law stating that it was hard for them to understand what is expected or not expected of them. He reasoned that making the law clear will reduce the cases of criminal activities. This was in the hope of people indulge in some criminal activities because they have no clue of the consequence. In the American Constitution, the laws are well written in simple English for the understanding of any average man. Moreover, in the Constitution, all laws and their provisions are well explained and clarified. Also, the legislature is entitled to making laws, but the same legislatures do not pass any verdicts to criminals (Bernard et al., 2016). The Fifth Amendment also emphasizes the police officers reading Miranda right to an offender before taking them to custody (Cornell Law School, n.d). This is according to Beccari’s theory that laws should be read in a simplified way for all citizens or offenders to understand.

Beccari widely addressed the rights of an offender once he is in police custody. He considered imprisonment before judgment as necessary as done in the American system, where one is arrested for interrogation. He did not support the use of leading questions. Even in the courts, prosecutors are not allowed to use leading questions when presenting testimonies. He also addressed the application of torture during interrogations. Beccaria condemned the use of force, torture, or threats to obtain a confession. He reasoned that in the process of torturing, an innocent person might suffer a punishment that they did not deserve. Torture would also make a person confess to a crime they did not commit (Bernard et al., 2016). This concept is prevalent in the American criminal justice system, as addressed in the Fifth Amendment. The Amendment prohibits the use of evidence that is obtained through illegal means. A confession that is derived through torture is considered illegal and not valuable in the court of law. Therefore, during an arrest, the officers have to read the offender his Miranda rights urging them that they have a right to remain silent and to a lawyer. Also, any evidence obtained through the use of police entrapment is not admissible in the court of law (Cornell Law School, n.d).

In conclusion, Beccari’s theory is widely used in the American criminal justice system. It would be correct to say that his theories shaped American courts. He addresses human rights stating that people are entitled to their rights so long as they do not jeopardize the peace of the society. He addresses the rights of an offender and condemns the use of torture or unfair punishments. These are part and parcel of the American criminal justice system, which are followed to ensure justice.

References

Bernard, T. J., Snipes, J. B., Gerould, A. L., & Vold, G. B. (2016). Vold’s Theoretical criminology. Constitution Society. (n.d). Cesare Beccaria. Retrieved from https://www.constitution.org/cb/beccaria_bio.htm

Cornell Law School. (n.d). Bill of Rights. Retrieved from https://www.law.cornell.edu/constitution/billofrights