THEONESTE BAGOSORA

Case Analysis: Theoneste Bagosora

Case Analysis: Theoneste Bagosora

The principles of Becceria can be related to the case of Theneste Bogosara. The case is discussed in detail analysis in the below passage.

In 1764, Cesare Beccaria wrote On Crimes and Punishments in which he describe and analyzed the judicial system in Europe. His views on judicial torture and the death penalty were different from tradition. He condemned both torture and the death penalty. It is Beccaria who most influenced the western world on these two issues. When analyzing the idea of torture, Beccaria argues that it is a practice that is not successful in catching criminals. He writes that often the innocent confess to crimes they did not commit. (And vice versa for the guilty). In his work Beccaria presents the reader with very modern ideas on the judicial system. At one point he writes that a man is innocent until proven guilty. This is something that we still hear and follow in America. Later Beccaria makes a key statement in his argument against torture, he writes, “[t]he impression of pain, then, may increase to such a degree, that, occupying the mind entirely, it will compel the sufferer to use the shortest method of freeing himself from torment. His answer, therefore, will be an effect as necessary as that of fire or boiling water, and he will accuse himself of crimes of which he is innocent: so that the very means employed to distinguish the innocent from the guilty will most effectually destroy all difference between them.” This is the center point to the argument of torture. In the end, it is ineffective in that guilt does not reside in the muscles of the accused. It is ineffective in that the wrong people are often condemned or set free.

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