Criminology In The Past And Today

1137 words - 5 pages

The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their own will that controlled their behaviour. People are all the same because they have their own free will to control them even though some make different choices than others. The classical school; in regards to section 462.37, Forfeiture of Proceeds of Crime, the classical school would fit in quite well with section 462.37. Section 462.37, in simple terms, means that when an individual is convicted of a crime, any property that the individual was in possession of, if it was related to the offence committed by the individual, would be ordered by the court to be forfeited to Her Majesty. It could then be dealt with as the Attorney General directs or however the law states it should be dealt with. The classical school perspective would support this section. The classical school is fixated on the idea that all individuals act on their own free will and therefore they are always seeking to maximize their own personal pleasure, profit, and the reward they conceive from a situation. For example, if property was obtained due to drug trafficking, the individual behind the trafficking was focused on personal profit as s/he was receiving property in the transaction. This obtained property would be forfeited in this day and age and if...

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