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Questions and Answers
Which of the following best describes the primary function of property confiscation in early modern legal systems?
Which of the following best describes the primary function of property confiscation in early modern legal systems?
- To punish offenders and generate revenue for the state. (correct)
- To ensure fair distribution of wealth among the population.
- To provide restitution to the victims of crimes.
- To reform criminals through financial hardship.
What was a major criticism of property confiscation during the Enlightenment?
What was a major criticism of property confiscation during the Enlightenment?
- It was not effective in deterring crime.
- It led to overcrowding in prisons.
- It primarily benefited the wealthy elite.
- It extended punishment unfairly to the offender's family. (correct)
Which legal system is the origin of the practice of confiscation of property as a punishment?
Which legal system is the origin of the practice of confiscation of property as a punishment?
- Canon Law
- Roman Law (correct)
- Ancient Greek Law
- Medieval Common Law
Who was a key figure that criticized property confiscation as a form of punishment?
Who was a key figure that criticized property confiscation as a form of punishment?
In early modern legal systems, why was property confiscation often applied in cases of political dissent and heresy?
In early modern legal systems, why was property confiscation often applied in cases of political dissent and heresy?
Flashcards
Confiscation of Property
Confiscation of Property
The practice of taking away a person's property as a punishment for committing a crime.
Confiscation as a Deterrent
Confiscation as a Deterrent
It was believed that taking away property not only served as a way to punish offenders but also to deter others from engaging in criminal activities by showing the potential consequences.
Roman Origins of Confiscation
Roman Origins of Confiscation
The origins of this practice can be traced back to Roman law, where it was used in cases of serious crimes like treason.
Beccaria's Critique of Property Confiscation
Beccaria's Critique of Property Confiscation
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Persistence of Confiscation
Persistence of Confiscation
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Study Notes
Early Modern Criminal Justice Systems
- Characterized by severe punishments, extensive torture, and property confiscation.
- Lacked procedural guarantees for defendants.
- Punishments often disproportionate to the crime.
Property Confiscation: Origins and Impact
- Rooted in Roman law, used for treason and capital offenses.
- Served as punishment and deterrent, and a revenue source for states.
- Extended beyond the convicted to their families, stripping them of inheritance rights, leading to significant economic hardship.
- This practice resulted in economic and social detriment to families.
Enlightenment Critique of Confiscation
- Cesare Beccaria, in On Crimes and Punishments (1764), criticized confiscation, believing it unjust and unnecessary punishment for the convicted's family.
- Beccaria argued for proportionate punishment, aligned with justice.
- Despite Enlightenment critiques, confiscation persisted in cases of political dissent, heresy, and fiscal crimes.
- States justified confiscation as recovering financial losses or asserting authority.
- The debate reflected broader Enlightenment critiques of arbitrary and excessive punishment.
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