Criminal Theory

Paper Summary:

The writer explains that according to Baccaria's theory, the purpose of government is to preserve maximum freedom while maintaining order. Under this theory of crime and punishment, the purpose of governmental intervention is to prevent the encroachment of individuals against each other's rights. The paper explains that the crime should fit the punishment. The writer brings the example of Martha Stewart who was accused of insider trading and securities fraud. The writer explains that it is difficult to prove what harm Stewart's crime did and therefore difficult to choose a fitting punishment. In conclusion, according to Baccaria's classical theory, Martha Stewart's punishments appear excessive for the system that they are engaged in.

From the Paper:

"A good case examination of the classical theory in action can be found in our own country. America and its constitution were established with a heavy emphasis on the social contract. Therefore, our legal system is rooted in Baccaria's understanding of crime and punishment. One recent criminal case that gripped the minds of Americans was the "white collar crime" committed by Martha Stewart. This billionaire TV host and corporate giant engaged in what the SEC regulation committee called "insider trading", or trading her stocks based on information not available to the public. Her case is unique because it not only involves an extremely high profile defendant but the confusion of why and how she is guilty is an issue that is still to be resolved. The actual conviction that Martha Stewart could be going to prison for is not in fact insider trading at all, but "Securities fraud" a concept even more vague than insider trading. To understand her crime through the lens of the classical theory we must develop an understand for how her crime directly harms the people and why her punishment fits her crime."

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