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Essay / Murder case of two children: classical and positivist schools of criminology
Murder, these days, is by no means rare. However, some of the classic criminological perspectives related to these crimes are rare. Does it make sense to examine a murder case from the point of view of the classical school and the positivist school? If it's an unsolved crime, for example, could this help solve it? These are the questions we will explore as we examine the brutal murder of two children in October 2012. Say no to plagiarism. Get a custom essay on “Why Violent Video Games Should Not Be Banned”?Get the original essay Late on a Thursday in 2012, the mother of two returned home to find her 6-year-old daughter and 7-year-old children 2 years. - my old son died in the bathtub. According to a New York Times article, "the family's nanny, Yoselyn Ortega, [also] stood over them, cutting herself with a knife." » Years have now passed and the case is finally ready to go to trial, with Ortega's main defense being a plea of not guilty by reason of insanity. Some say this madness is just an act, because Ortega was very jealous of what her boss had. Ortega had worked several jobs to earn a living and lived in a small apartment with his family. "In statements made to prosecutors after the killings, Ms. Ortega, now 55, said she was angry at the Krim, that they had asked her to work too hard and that her skin had been damaged by the cleaning products she was forced to use. Did she act out of revenge or delusion? Yet the funny thing is that the parents. of these poor kids never noticed anything wrong with Ortega, mentally – until this day This ultimately became one of the main points of defense in the case against her. what the classical school of criminology is The classical school has its own way of thinking: humans act by free will and are motivated by the pursuit of pleasure. Cesare Beccaria was one of the founding fathers of the school. classic and argued that people give up their freedoms in exchange for a society that provides them security and that laws impose restrictions on freedoms. In matters of crime, the presumption of innocence must prevail and a penal code must be drawn up in advance. Retributive reasoning should lead to sanctions that accompany a crime because the offender has violated the rights of others and the severity of this punishment should be limited and appropriate to the seriousness of the crime. It must be certain and inflicted immediately. However, the offender must be seen as a rational thinker who weighs the crime against the benefits. The task of legislation is to prevent crime because, for Beccaria, it is better to prevent crimes before they occur rather than punish those who commit them after the fact. What connection does this crime have with classical school? Well, one of Beccaria's arguments is that the presumption of innocence should be paramount, but in this situation there is no reason to have a presumption of innocence. Ortega was in the bathroom with the children and was found with the children's bodies. In the article it does not say that she confessed, but by invoking insanity it goes without saying that she admitted that she killed them and that she did it because of her state of “incapacity”. Regarding Ortega's insanity plea, another argument Beccaria made was that the offender was seen as a rational thinker who weighed the consequences of the crime against the benefits. What have..