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Cesare Beccaria The Genius of on Crimes and
Punishments 1st Edition John Hostettler Digital Instant
Download
Author(s): John Hostettler
ISBN(s): 9781906534936, 1906534934
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Language: english
 Cesare

Cesare Beccaria
In eighteenth century continental

Europe penal law was barbaric. Gal-

In a wonderful sentence which concludes
Beccaria’s book, he sums up matters as follows:
lows were a regular feature of the landscape,
branding and mutilation common and there
“ In order that every punishment may not

Beccaria
existed the ghastly spectacle of men being be an act of violence, committed by one
broken on the wheel. To make matters worse, man or by many against a single individ-
people were often tortured or put to death ual, it ought to be above all things public,
(sometimes both) for minor crimes and often speedy, necessary, the least possible in
without any trial at all. the given circumstances, proportioned

Like a bombshell a book entitled On Crimes

to its crime [and] dictated by the laws.
”

The Genius of ‘On Crimes and Punishments’

and Punishments exploded onto the scene in Civilising penal law remains a topical issue The Genius of ‘On Crimes and Punishments’
1764 with shattering effect. Its author was but it began with Cesare Beccaria.
a young nobleman named Cesare Beccaria
(1738-1794). A central message of that — now
classic — work was that such punishments John Hostettler is one of the UK’s lead-
belonged to ‘a war of nations against their citi- ing legal biographers. He was a practising
zens’ and should be abolished. It was a cri de solicitor in London for 35 years as well as
coeur for thorough reform of the law affecting undertaking political and civil liberties cases
punishments and it swept across the continent in Nigeria, Germany and Aden. His earlier
of Europe like wildfire, being adopted by one books include several biographical and histor-
ruler after another. It even crossed the Atlantic ical works among them A History of Criminal
to the new United States of America into the Justice in England and Wales (2009) and Sir

John Hostettler
hands of President Thomas Jefferson. William Garrow (2010 ) (with Richard Braby).

John Hostettler
www.WatersidePress.co.uk
WATERSIDE PRESS

WATERSIDE PRESS WATERSIDE PRESS

 Cesare Beccaria
The Genius of On Crimes and Punishments

John Hostettler
ii Cesare Beccaria

Cesare Beccaria Cataloguing-In-Publication Data

The Genius of On Crimes and A catalogue record for this book can be
Punishments obtained on request from the British
John Hostettler Library.

Cover design
ISBN 9781904380 634 (Paperback)
© 2010 Waterside Press. Cover fea-
ISBN 9781906534 936 (e-book)
tures Cesare Beccaria by Giuseppe Bossi
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Published 2011 by
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© 2010 This work is the copyright of John
Hostettler. All intellectual property and
e-book
associated rights are hereby asserted and
Cesare Beccaria The Genius of “On Crimes
reserved by the author in full compliance
and Punishments” is available as an ebook
with UK, European and international law.
(e-book ISBN 9781906534 936) and
No part of this book may be copied, repro-
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been assigned for such purposes worldwide.
 Cesare Beccaria
The Genius of On Crimes and Punishments

John Hostettler

WATERSIDE PRESS
 Also by John Hostettler

‘Every student entering law school should have a copy and read it’:
­Criminal Law and Justice Weekly

A History of Criminal Justice

A History of Criminal Justice in England and Wales
A History of Criminal Justice

An ideal introduction to the rich

history of criminal justice charting
all its main developments from
The book looks at the Rule of Law,
the development of the criminal
courts and the people who work
A History of
Criminal Justice
the dooms of Anglo-Saxon times in them, police forces, the jury,
to the rise of the Common Law, judges, magistrates, crime and
struggles for political, legislative punishment. It deals with all the
and judicial ascendency and iconic events of criminal justice
the formation of the innovative history and reform to show how
in England and Wales

Criminal Justice System of today. criminal justice evolved. in England and Wales

An ideal introduction, charting all the main developments of

minal Justice • Victorian Images
John Hostettler

criminal justice, from Anglo-Saxon dooms to the Common

ms and Early Laws • A Century of Criminal Law Reform
vin Legacies • Criminal Incapacity
y Modern England • A Revolution in Procedure
in Danger • The Early Twentieth Century
th • Improvements After World War II
acy and Adversary Trial • Twenty-First Century Regression?

Law, struggles for political, legislative and judicial ascendency

hteenth Century • The Advent of Restorative Justice
risons • Famous Cases, Inquiries and Reports
ry Crime and Policing • Select Bibliography

well-known to readers of Waterside

and the formation of the modern-day Criminal Justice System.

ust as at home discussing the Star
Bishops as he is the impact of the
Hostettler

Charles I, Timothy Evans or Ruth

n policing to madness and mayhem,
scarriages of justice to radicals, ter-
hts or restorative justice, A History
e in England and Wales contains

Paperback ISBN 9781904380511 | Ebook ISBN 9781906534790

ly of facts, information and analysis.
WATERSIDE PRESS

ERSIDE PRESS WATERSIDE PRESS

Jan 2009 | 352 pp

Sir William Garrow

His Life, Times and Fight for Justice
Aside from BBC1 TV’s prime-time drama series
‘Garrow’s Law’, the story of Sir William Garrow’s

SirSir William Garrow Sir

Sir William Garrow

unique contribution to the development of

William Garrow English law and Parliamentary affairs has
Including the lost story of barrister William Garrow’s key role in
changing the face of the English criminal trial. William been kept from the general public due to an
intriguing quirk of history. This book tells the
His Life , Times and Fight for Justice

Co-author Richard Braby

real story of the man behind the drama.

Garrow
Sir William Garrow was born in Middlesex in 1760 and
called to the Bar in 1783. He was the dominant figure at Garrow is now in the public-eye for daring to
the Old Bailey from 1783 to 1793, later becoming an MP, challenge entrenched legal ways and means.
Solicitor-General, Attorney-General and finally a judge
His ‘gifts to the world’ include altering the
and lawmaker within the Common Law Tradition.
relationship between judge and jury (the

Foreword Geoffrey Robertson QC

former had until then dominated over the
latter in criminal trials), helping to forge the
presumption of innocence, rules of evidence
and ensuring a general right to put forward a
n though I have taken a keen interest in criminal legal history
defence using a trained lawyer. He gave new
before ... I was not aware of Garrow’s importance’:
meaning to the trial advocate’s forensic art of
Clive Anderson, The Daily Telegraph
cross-examination, later diverting skills honed
as a radical to help the Crown when it was faced
hout the pioneering work of William Garrow, the legal system
with alleged plots, treason and sedition.
would be stuck in the Middle Ages’:
Radio Times
A generous work in which well-known legal
As the Law Society Gazette enquired:
The ‘Lost Story of William Garrow’ formed the basis for the
historian and biographer John Hostettler and
John Hostettler

family story-teller Richard Braby (a descendant

RichardRichard

‘Has anybody heard of William Garrow?’

of Garrow) combine their skills and experience
With a Foreword by to produce a gem of a book.
Hmm, thought so – me neither. That will all change ….’:
John Hostettler

Geoffrey Robertson QC

successful BBC1 TV prime-time drama series ‘Garrow’s Law’.

Frances Gibb’s Law Section, The Times
Braby Braby

The lost story of Sir William Garrow and

its rediscovery will prove enlightening for
‘Garrow can truely be said to have revolutionised professional and general readers alike and
the practice of criminal law’: provide an invaluable ‘missing-link’ for legal
Geoffrey Robertson QC (from the Foreword) and social historians. It is also a remarkable
His Life, Times and Fight for Justice work of genealogical research which will register

This book tells the real story behind the drama: of Garrow’s life,
strongly with family historians.
John Hostettler and Richard Braby
www.WatersidePress.co.uk
WATERSIDE PRESS

upbringing and fight with the legal establishment to change

ISBN 978-1-904380-55-9

TERSIDE PRESS 9 781904 380559

WATERSIDE PRESS

the face of the English criminal trial. ‘A blockbuster of a book’:

Phillip Taylor MBE, barrister.
Hardback ISBN 9781904380559 | Ebook ISBN 9781906534820
Jan 2010 | 272 pp | 1st Ed.

Visit WatersidePress.co.uk
 John Hostettler v

Contents

Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix
Watershed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix
Visionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xii
Cri de Coeur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xiv
Critique of Inquisition Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . xv
A Final Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xvi

About the author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xviii

Part 1: Beccaria’s Life And Times . . . . . . . . . . . . . . . . . . . . . . . 19

1: A Modest Man . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Crime and Punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
House Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Academy of Fists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Thomas Jefferson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
A Changing World . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Retribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Break with Friends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Death of Teresa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Part 2 : Consideration of “On Crimes and Punishments” . . . 35

2: Secret Accusations and Torture . . . . . . . . . . . . . . . . . . . . . . 37

The Effects of Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
“Torture a Mercy” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Trial by Ordeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Consecrated Cruelty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Bentham on Torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Voltaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
vi Cesare Beccaria

3: The Death Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Ancient Origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
War Against Citizens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Deprivation of Liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Judicial Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Acceptance in Continental Europe . . . . . . . . . . . . . . . . . . . . . . . . . 57
Impact in England . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
The Reverend Martin Madan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Archdeacon Paley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Criminal Law Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

4: Criminal Law and Punishments . . . . . . . . . . . . . . . . . . . . 67

Reform of Criminal Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Penal Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
The Origins of Punishments and the Right to Punish . . . . . . . . . . 71
Interpretation of the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Consequences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Spirit of the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Obscurity of the Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
The Division of Punishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Crimes of High Treason . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Voltaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Personal Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
The Purpose of Punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Prompt Punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Public Tranquility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Pleas of the Crown and Confessions . . . . . . . . . . . . . . . . . . . . . . . 84

5: Crimes Difficult to Prove and Others . . . . . . . . . . . . . . . . . 87

Presumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Adultery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Homosexuality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Infanticide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Suicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Voltaire on Suicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
 John Hostettler vii

Smuggling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Leading Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Oaths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Sanctuaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Extradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

6: Various Topics and Imprisonment . . . . . . . . . . . . . . . . . . . 99

Prosecutions and Prescriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Criminal Attempts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Accomplices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Evidence and Proofs of a Crime . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
William Garrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
John Howard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Voltaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

7: Other Punishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

Crimes of Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Punishment of Nobles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Theft and Robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Ill-repute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114
Rewards for Detaining or Killing Criminals . . . . . . . . . . . . . . . . 115
Criminal Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Voltaire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Mildness of Punishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
The Means of Preventing Crimes . . . . . . . . . . . . . . . . . . . . . . . . . 120
Science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Magistrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Certainty of Punishments–Pardons . . . . . . . . . . . . . . . . . . . . . . . 124
False Ideas of Utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Family Spirit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Voltaire’s Commentary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
viii Cesare Beccaria

Part 3 : Beccaria’s Influence . . . . . . . . . . . . . . . . . . . . . . . . . . 129

8: Profound Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

The French Revolution and Adversary Trial . . . . . . . . . . . . . . . . . 131
Human Rights and Voltaire’s Causes Celebres . . . . . . . . . . . . . . . 134
John Adams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136

9: Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Success . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Revolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
England . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

Select Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
 John Hostettler ix

Preface

“As one reads history ... one is absolutely sickened, not by the crimes that the
wicked have committed, but by the punishments that the good have inflicted.”

Oscar Wilde1

Watershed

In the eighteenth century the death penalty excited widespread fear and hor-
ror in all European countries. Not without reason since the methods of state
murder meant slow and painful strangulation on the gallows or the tearing
apart of limbs in torture. It cast its ominous shadow everywhere. And not
only for serious crimes. If proved, dozens of minor offences, such as stealing
a handkerchief, would result in a sentence of death. No one was safe from it.
To make matters worse, torture was practised in the many countries across
the globe, whether considered civilized or not, that embraced the inquisito-
rial system of criminal procedure.
Secret accusations were endemic in France, Italy, Russia and many other
countries. In these places punishments were determined, often behind closed
doors, at the whim of magistrates and judges who often bought their way on
to the Bench for which many of them were demonstrably unsuited. The judi-
ciary was not independent but formed part of the executive, with the judges
acting as prosecutors on behalf of the all-pervading state. The presumption
of innocence and equality before the law were concepts unknown and an
accused person was regarded as guilty unless he could prove his innocence.
The burden of proof always lay on the defence. And a mere accusation was
often accepted by judges as prima facie evidence of guilt. In essence, except
in England which rejected torture and the inquisitorial system, the rule of
law was disregarded in favour of judicial ferocity and cruelty. Indeed, the
rule of law was not even recognised or understood.

1. The Soul of Man under Socialism. Works. (1963 edn) London, Spring Books. p. 922.
x Cesare Beccaria

In this pitiless milieu the Italian Count Cesare Bonesana, Marquis of

Beccaria set out to challenge the status quo. He wished to change the core of
judicial thinking with its reliance on vengeance and long-standing customs
from the past with a scientific approach based on reason and humanity. As
a consequence, his seminal work On Crimes and Punishments (Dei Delitti
e delle Pene) became the first theory of penal law and it continues today to
provoke fresh thinking about criminal justice. Yet, so great was his success
in the eighteenth century that we now accept the changes he inspired with-
out much thought of the upheavals in penal thought, the legal system, and
society generally, that were required to achieve them.
On Crimes and Punishments was a small book published in Livorno on
12 April 1764, at roughly the same time as adversary trial was beginning to
emerge in England. Together, the book and adversarial trial raised issues of
human rights to the forefront of penal thinking and created a watershed in
the history of criminal justice in Europe when punishments were so brutal
and harsh. Gradually, individuals were to acquire opportunities for defence
that had been denied to them for centuries and almost immediately punish-
ments were to be made more humane for those found guilty of criminal acts.
Generally speaking, many people at the time had despaired of any mean-
ingful penal reform appearing and considered those advocating it to be wild
visionaries. For example, Allan Ramsay, a Scottish painter and writer, wrote
a letter to the Encyclopaedist, Denis Diderot, who had shown him a copy
of Beccaria’s book. In the letter he said that penal legislation could be con-
sidered only with reference to the particular needs of a country and that,
“only a general revolution will ever make a legislature pay heed to the claims
of philosophers” – meaning Beccaria. He continued,

But since it would be an absurd folly to expect this general revolution, this general
reconstruction, which could only be effected by very violent means, such as would
be at least a very great misfortune for the present generation, and hold out an
uncertain prospect of compensation for the next one, every speculative work, like
Dei delitti e delle pene, enters into the category of Utopias, of Platonic Republics
and other ideal governments; which display, indeed, the wit, the humanity and the
 John Hostettler xi

goodness of their authors, but which never have had nor ever will have any influ-
ence on human affairs... 2

How wrong he was! Although reflecting a commonly held view, Ramsay

completely misjudged the revolutionary impact Beccaria’s book was to have
as part of the Age of Enlightenment. Beccaria stands out in that period for
his deep humanity and belief in human reason which inspired his attempt
to perfect criminal law and procedure. The effects of his attacks on the ter-
ror underpinning the system of criminal justice were both immediate and
influential in continental Europe. This included revolutionary France, until
later when the introduction of the Napoleonic Code largely re-instated the
medieval-type Code Louis of 1670.
Beccaria’s native Lombardy, Portugal, Austria, Russia and France all
abolished torture and reformed their criminal justice systems as a direct
result of the potency of his onslaught. And in Tuscany the Grand Duke
Leopold introduced sweeping reforms of the penal system along the lines
advocated by Beccaria. Interestingly this led to a considerable reduction in
the number of serious crimes. In all these countries Beccaria’s pen brought
about the destruction of a great deal of the prevailing system. His book was
to take effect more slowly in England, where torture was not institutional-
ised and habeas corpus was a powerful deterrent to unbridled power. But it
was assimilated in time and scenes of death on the scaffold of Tyburn Tree
were gradually reduced.
Changes occurred at different speeds in different countries and, in addi-
tion to Beccaria’s influence, the new English adversary model of criminal
justice which gave prisoners rights of defence in court was adopted by the
French revolutionaries in its entirety; juries, justices, adversariality, every-
thing. The French revolutionary draftsman, Nicolas Bergasse, in a report
published on 17 August 1789, said, “It is easy to see that no methods are
talked about here except those furnished by the system of jurisprudence
adopted in England and free America for the prosecution and punishment

2. Denis Diderot. (1875-1877) Complete Works. Paris. vol. iv. pp. 52-60. Cited in Coleman
Phillipson. (1970) Three Criminal Law Reformers: Beccaria, Bentham, Romilly. New Jersey,
Patterson Smith, pp. 36-37.
xii Cesare Beccaria

of offences ... we cannot do better than adopt it without delay, ameliorating

it, however, in certain details”.3 This was anathema to Napoleon, however,
and subsequently, in 1808, he secured the enactment of the Code d’Instruction
Criminelle which revived the secret, inquisitorial pre-trial of the 1670 Code
Louis, without the physical torture, while preserving only some aspects of
the English style trial itself.
In particular Napoleon was entirely hostile to the jury system. Whilst din-
ing with Charles James Fox in Paris in 1802, he told his guest that he could
not bring himself to approve of trial by jury since, “it was so Gothic, cum-
brous and might be so inconvenient to a government.” Fox boldly responded
that, “the inconvenience was the very thing for which he liked it.”4 Napoleon’s
deeply authoritarian code became, and remains, an influential model of
criminal justice around the world outside common law countries, “spread-
ing its poisonous tentacles across Latin America, Africa, the Middle East,
and the Far East.”5

Visionary

Beccaria was born in 1738, the eldest son of an aristocratic family in Lom-
bardy, then under the somewhat benevolent Austrian rule of Maria Theresa
and her chief minister Kaunitz. Although Roman law predominated across
continental Europe it was a German tribe, the Lombards, which gave its
name to Beccaria’s province (there was no unified Italy) and its similarly
authoritarian laws survived, particularly in Milan. Moreover, at the time the
Church was closely linked to the state and many sins were treated as crimes.
But reform was in the air and soon in Lombardy the Church lost many of
its privileges and the Holy Office of the Inquisition was abandoned. Under

3. A. Esmein. (1913) A History of Continental Criminal Procedure with Special Reference to France.
London, John Murray, p. 408.
4. The Rev. George Croly. (1841) The Life and Times of His Late Majesty George the Fourth.
London, H. Colburn. Cited in John Hostettler (1996). Thomas Erskine and Trial by Jury.
Hook, Waterside Press (2010)..
5. Richard Vogler. (2006) Criminal Justice and Due Process: A Global Revolution? Unpublished
Lecture in Lewes, Sussex.
 John Hostettler xiii

the governorship of Count Firmian agriculture was encouraged, museums

and libraries were expanded and works of public utility were carried out.
Nevertheless, the new liberal despotism drew back from touching the
cruel penal laws and the constant use of torture, which remained as they
were. Following secret allegations torture was still the accepted means of
providing proof of guilt. It is true that torture could only be applied in
regard to capital crimes but almost all crimes fell within that category. Other
abuses and cruelties were also commonplace. Prosecutors and judges ruled
the courts with unlimited discretion and corruption was endemic. “But
how few”, exclaims Beccaria in his book, “have examined and combated
the cruelty of punishments, and the irregularities of criminal procedures, a
part of legislation so elementary and yet so neglected in almost the whole
of Europe”. And how few have sought:

by a return to first principles, to dissipate the mistakes accumulated by many centu-

ries, or to mitigate, with at least that force which belongs only to ascertained truths,
the excessive caprice of ill-directed power, which has presented up to this time but
one long example of lawful and cold-blooded atrocity! And yet the groans of the
weak, sacrificed to the cruelty of the ignorant or to the indolence of the rich; the
barbarous tortures, multiplied with a severity as useless as it is prodigal, for crimes
either not proved or quite chimerical; the disgusting horrors of a prison, enhanced
by that which is the cruellest executioner of the miserable – namely, uncertainty;–
these ought to startle those rulers whose function it is to guide the opinion of men’s
minds.6

Due process of law had no meaning and it was the worst features of the
existing system that Beccaria was to destroy – and not only in Lombardy
but throughout continental Europe.
Yet, as a person he was shy and retiring to a painful degree. He was an
introvert with a dislike of life on earth which he likened to a desert. But
that made the influence of his book even more amazing. His impact on
Enlightenment Europe was both electric and awe-inspiring. The book has
been heralded as, “a product of the period of enlightenment, it is a perfect

6. J.A. Farrer. (1880) Crimes and Punishments including a new translation of Beccaria’s Dei Delitti e
Delle Pene. London, Chatto & Windus, pp. 118-9.
xiv Cesare Beccaria

expression of its ideals and aspirations in the penal sphere ... His critical
remarks are followed by constructive proposals which, taken together, form
a practically complete system of criminal law and procedure”.7 He was a
visionary in the right place at the right time. His influence is still felt in the
modern world and he is remembered as a champion of the cause of human-
ity in the criminal law.
Nonetheless, although we all benefit from his crusade to abolish cruelty
from the penal law there remains a great deal of room for improvement
and his work still repays careful study. Furthermore, with current powerful
assaults on human rights, including again the use of torture and the death
penalty in many parts of the globe, his arguments have a particular resonance
that should be ringing in our ears at the present time.
Torture is now illegal in Europe but even today it still has its defenders
who somehow manage to argue that although it is an evil it is an evil that is
sometimes necessary. And it is still practised in other continents and during
the presidency of George W. Bush the United States of America resorted to
the hellish torment of waterboarding and other practices forbidden by the
Geneva Convention. Equally, the death penalty, which is banned in Europe,
is still wielded in some states of North America and in China as well as many
other parts of the world.

Cri de Coeur

With friends Beccaria made a major contribution to the rebirth of his coun-
try as well as the cause of humanity and justice throughout the continent.
Despite his shyness and sensitivity, his empathy with victims of injustice
resulted in the small book that exploded in Europe with world-wide conse-
quences. It was not the first protest against the bleak inhumanity of criminal
law, nor was it merely a plea for some change. Rather, was it a cri de coeur for
a complete reform of penal law giving rise to an intellectual movement for a
more rational and enlightened society based on the social contract philosophy.

7. Sir Leon Radzinowicz. (1948) A History of the Criminal Law and its Administration from 1750.
The Movement for Reform. London, Stevens & Sons Limited. vol. i. p.279.
Other documents randomly have
different content
 Design - Study Cards
Fall 2025 - Program

Prepared by: Assistant Prof. Brown

Date: August 12, 2025

Review 1: Best practices and recommendations

Learning Objective 1: Ethical considerations and implications
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 1: Diagram/Chart/Graph]
Learning Objective 2: Critical analysis and evaluation
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 2: Diagram/Chart/Graph]
Learning Objective 3: Statistical analysis and interpretation
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Learning Objective 4: Comparative analysis and synthesis
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 5: Interdisciplinary approaches
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 5: Study tips and learning strategies
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 6: Problem-solving strategies and techniques
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 7: Diagram/Chart/Graph]
Practice Problem 7: Literature review and discussion
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Research findings and conclusions
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 9: Assessment criteria and rubrics
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Lesson 2: Theoretical framework and methodology
Practice Problem 10: Current trends and future directions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Key terms and definitions
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Historical development and evolution
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Experimental procedures and results
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Case studies and real-world applications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Current trends and future directions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Case studies and real-world applications
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 17: Literature review and discussion
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 18: Problem-solving strategies and techniques
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Literature review and discussion
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Appendix 3: Experimental procedures and results
Practice Problem 20: Learning outcomes and objectives
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Study tips and learning strategies
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Study tips and learning strategies
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Important: Current trends and future directions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Research findings and conclusions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 25: Research findings and conclusions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 26: Diagram/Chart/Graph]
Practice Problem 26: Fundamental concepts and principles
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Critical analysis and evaluation
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 28: Diagram/Chart/Graph]
Note: Research findings and conclusions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 29: Current trends and future directions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Test 4: Critical analysis and evaluation
Practice Problem 30: Problem-solving strategies and techniques
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Fundamental concepts and principles
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Practical applications and examples
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Key Concept: Critical analysis and evaluation
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 34: Diagram/Chart/Graph]
Remember: Current trends and future directions
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Literature review and discussion
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Assessment criteria and rubrics
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 37: Diagram/Chart/Graph]
Practice Problem 37: Study tips and learning strategies
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Key terms and definitions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Practical applications and examples
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Conclusion 5: Theoretical framework and methodology
Remember: Current trends and future directions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Experimental procedures and results
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 42: Key terms and definitions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 43: Research findings and conclusions
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Research findings and conclusions
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 45: Diagram/Chart/Graph]
Important: Learning outcomes and objectives
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 46: Diagram/Chart/Graph]
Key Concept: Study tips and learning strategies
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Assessment criteria and rubrics
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 48: Critical analysis and evaluation
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 49: Learning outcomes and objectives
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Summary 6: Comparative analysis and synthesis
Key Concept: Current trends and future directions
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 51: Diagram/Chart/Graph]
Practice Problem 51: Theoretical framework and methodology
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Experimental procedures and results
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Case studies and real-world applications
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 54: Diagram/Chart/Graph]
Definition: Learning outcomes and objectives
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 55: Study tips and learning strategies
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 56: Diagram/Chart/Graph]
Note: Interdisciplinary approaches
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Problem-solving strategies and techniques
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Case studies and real-world applications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Statistical analysis and interpretation
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
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