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The Influence Of Classical And Positive Schools On The Criminal Justice System

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The viewpoints of the classical and positive schools are significant because they endure throughout their time and have a lasting impact on current criminal justice concerns. The classical and positive schools of criminology have completely different strategies and techniques for analyzing crime. The classical school, on the other hand, presents a swift, certain, and severe approach that was popularized during the Enlightenment in the 18th century and continues to have a significant impact on the criminal justice system today. The In re Gault case, which succeeded in defending the rights of juvenile criminals, has had an important effect as well. By understanding further about these fascinating topics, it will become evident why they are still …show more content…

Comparatively, the classical school of penology and criminology used a nonempirical mode of inquiry, much like the classical Greek philosophers (Stohr & Walsh, 2017). Cesare Bonesana Marchese di Beccaria, the leader of this classical school and a professor of law from Italy, presented what would later become a plan for the reform of the legal and penal systems in all of Europe (Stohr & Walsh, 2017). Additionally, Jeremy Bentham made contributions to the writings of the classical school, which created the framework for the current criminal justice system and had a significant impact on the field of criminology. Beccaria did not think that punishment was necessary, but he did think that laws should be made to uphold public safety and order rather …show more content…

In the case of In re Gault, the issue was whether juveniles who are charged with crimes are entitled to the same constitutional safeguards and due process guarantees as adults, or if they may be subjected to less stringent procedures within the juvenile system. Next, the Supreme Court's ruling in In re Gault established the rule that minors have a right to due process. This rule ensures fairness and protects minors' rights, including the right to have an attorney represent them, the ability to confront witnesses, and the privilege against self-incrimination (Abadinsky, 2017). The juvenile justice system was significantly affected by the examination of the In re Gault rule. It demanded that charges against minors be made clear to them, ensuring that they are aware of all aspects of the claim. The decision also required the appointment of juvenile legal representation, ensuring that they get the support and direction of a lawyer during the proceedings. As a further safeguard for their right against self-incrimination, it was ruled that minors cannot be made to testify against themselves. In conclusion, the case had a significant influence on how adolescents were handled by the criminal court system. In re Gault is significant because it recognizes the due process rights of

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