Write short notes on the development of sentencing guidelines with the reference of classical school, neo-classocal school and posetive school
The development of sentencing guidelines can be traced back to the classical school of criminology, which emphasized the importance of punishment as a deterrent to crime. This school of thought, developed in the 18th century by theorists such as Cesare Beccaria and Jeremy Bentham, advocated for a rational and consistent approach to sentencing that would fit the crime to the punishment.
The neo-classical school, which emerged in the late 19th and early 20th centuries, built upon the principles of the classical school but also took into account individual differences and circumstances that may have influenced criminal behavior. This school of thought advocated for a more flexible approach to sentencing, considering factors such as the offender's age, mental capacity, and social background.
The positive school of criminology, developed in the late 19th century by theorists such as Cesare Lombroso and Emile Durkheim, focused on the causes of criminal behavior rather than just the punishment. This school of thought emphasized the importance of rehabilitation and reintegration of offenders into society, rather than simply punishing them.
Incorporating principles from all three schools of thought, modern sentencing guidelines aim to balance the goals of punishment, deterrence, and rehabilitation. These guidelines take into account the severity of the offense, the offender's criminal history, and any mitigating factors that may have influenced the crime. By providing a framework for judges to consider these factors in a consistent and transparent manner, sentencing guidelines help to ensure that sentences are fair and appropriate.