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question- Some people believe that there should be fixed punishments for each type of crime.Other, however,argue that the circumstances of an individual crime, and the motivation for committing it, should always be taken into account when deciding on the punishment
Discuss both these views and give your own opinion.
answer-
Crime is always punishable. Retribution is the measure to counter criminals in a society. Countries across the world use different measures to deal with crimes-some have stringent fixed laws while some believe in giving a second chance for improving.
Fixed stringent punishments versus flexible correcting measures have been a controversial issue. A fixed punishment gives a message to all other prospective criminal minds what they should expect from the courts. Effectively , this prevents the criminals from committing crimes.
For instance, cold blooded murderers are given capital punishments or life imprisonment in many countries, which is justified because they are a threat to the society.
However, many times, a circumstances marred person is forced to commit a crime. In life, sometimes, certain unavoidable situations come up, which force a person to commit a crime. There are many convicts imprisoned, without their circumstances and motivating factors being considered.
The main objective of any judicial system is to safeguard the human rights. If an innocent person commits a crime by mistake, and is given a severe punishment, it will solely defeat the objective of the judicial system. It will incite hatred in that individual against the society. Such victims of circumstances should be given a proper counselling to improve and rehabilitate.
For instance, killing someone in self defense is not a crime. When an individual's life is threatened, it is obvious he/she will try to protect himself/herself. Such so called criminals, should be dealt softly at the hands of law.
Everyone deserves a second chance. Fixed punishments do restrain anti-social elements from committing crimes. However, a little degree of flexibility is essentially needed. Fixed punishments are only justified for history sheeters and hardcore criminals.
I strongly believe that the judicial systems should take into account the inciting factors of an individual who committed a crime. Redressal and retribution is a better approach as compared to fixed stringent punishments, which don't consider circumstantial factors.