Positive School
How Classical School and Positive School relate to current Canadian code provisions. (Sections 462.37 & 810.)
Classical School vs. Positive School
In this paper I will be discussing the classical school and the positive school and their relations to these current provisions 462.37., 462.39.-462.41 and 810 of the Canadian Criminal Code. After briefly summarizing these provisions, I will explain which law best represents the principles of the classical or positive school. Section 462.37 relates to classical school because it is a violation of the social contract. It also displays the use of fair procedure, proportional punishment and deterrence. It focuses on the deterrence of crime in comparison to the positive school where …show more content…
This provision also shows that this act was done out of rational choice by weighing out the consequences and benefits before committing to an action. Fair procedure is used to defend the rights of the offender; however, the main purpose is identify the guiltiness of the delinquent. Fair procedure in this law is shown when the state balances the probabilities of the proceeds of crime actually being used on his/her acquired property and goods. After the offender has been proved or has pleaded guilty, a proportional punishment is applied on him/her. In this case, the proceeds earned through crime that the offender used to purchase goods and property will be confiscated, everything else will remain. Section 810. represents the positive school because it is an example of how the state would protect society. In this provision the crime has not happened yet, one is only worried and fears and attack. Biological determinism is used to identify who would pose a threat; this is based on physical features. This law also focuses on the risk and future dangers the offender might display. Securing valued items of the delinquent is a method used by the state to prevent a future danger from occurring and lessening the risks. In conclusion the classical school is more about the deterrence of crime whereas the positive school focuses on the prevention of
Classical School vs. Positive School
In this paper I will be discussing the classical school and the positive school and their relations to these current provisions 462.37., 462.39.-462.41 and 810 of the Canadian Criminal Code. After briefly summarizing these provisions, I will explain which law best represents the principles of the classical or positive school. Section 462.37 relates to classical school because it is a violation of the social contract. It also displays the use of fair procedure, proportional punishment and deterrence. It focuses on the deterrence of crime in comparison to the positive school where …show more content…
This provision also shows that this act was done out of rational choice by weighing out the consequences and benefits before committing to an action. Fair procedure is used to defend the rights of the offender; however, the main purpose is identify the guiltiness of the delinquent. Fair procedure in this law is shown when the state balances the probabilities of the proceeds of crime actually being used on his/her acquired property and goods. After the offender has been proved or has pleaded guilty, a proportional punishment is applied on him/her. In this case, the proceeds earned through crime that the offender used to purchase goods and property will be confiscated, everything else will remain. Section 810. represents the positive school because it is an example of how the state would protect society. In this provision the crime has not happened yet, one is only worried and fears and attack. Biological determinism is used to identify who would pose a threat; this is based on physical features. This law also focuses on the risk and future dangers the offender might display. Securing valued items of the delinquent is a method used by the state to prevent a future danger from occurring and lessening the risks. In conclusion the classical school is more about the deterrence of crime whereas the positive school focuses on the prevention of