In On Crimes and Punishments Cesare Beccaria seeks reform in the criminal justice system. His biggest problems with the current system were:
- The use of torture to obtain confession
- Secret accusations
- Arbitrary power of judges
- Inequality of sentences for different individuals
- Personal connections gained the defendant the favor of the court
- The use of capital punishment
- Social Contract
- Punishment is justified only if it is in defense of the Social Contract.
- To ensure everyone will respect the punishment in order to uphold the Social Contract.
- Utility
- Method of punishment should be that which serves the public good.
- Social Contract
- Individuals give up some rights to live in a group.
- Some freedom is sacrificed, limits on freedom.
- Right to Life is not sacrificed, that would violate Natural Law.
Beccaria was firmly against the death penalty, as it did not comply with another part of his reasoning, that all punishments must be "Certain and Severe." Capital punishment is quite severe, but not certain. There are a good deal many cases in which the punishment is not imposed. In order for capital punishment to be an effective deterrance against crime, it must be certain, which it is not.