68.5k views
2 votes
Cesare Beccaria believed that punishment should not be cruel and usual but________

1 Answer

1 vote

Final answer:

Cesare Beccaria advocated for proportionate and humane punishment, eschewing cruel and unusual methods. The Eighth Amendment encapsulates this philosophy by forbidding excessive bail, fines, and cruel and unusual punishments, reflecting the advancement towards a more enlightened justice system.

Step-by-step explanation:

Cesare Beccaria believed that punishment should not be cruel and unusual but should be proportionate to the crime committed. His ideas helped shape modern views on criminal justice and the lawful imposition of penalties. Beccaria advocated for punishments that would act as a deterrent while still respecting the rights of individuals. In this regard, the concept of excessive fines or cruel and unusual punishments being disallowed is supported by the Eighth Amendment, which states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

The principle of fitting the punishment to the crime similarly reflects Beccaria's influence and can be traced back to older systems, like the Code of Hammurabi. However, Beccaria's enlightenment ideals pushed for a reform in how the law considers punishment and torture, promoting a more humane and just society, influenced by enlightenment thinkers or philosophes. Therefore, the statement in question reflects Beccaria's fundamental belief that justice should not only punish but also rehabilitate, and that society benefits from a justice system that is enlightened and humane. The goal was to adopt the most effective, fair and sophisticated methods to deal with the incarcerated, moving away from the barbarous treatments of historical eras.

User Frank Flannigan
by
9.4k points