Some people believe that there should be fixed punishments for each type of crime. Others, however, argue that the circumstances of an individual crime, and the motivation for committing it, should be always taken into account when deciding on the punishment.
Discuss both these views and give your own opinion.
Statue of each country has regulated each punishment for every criminal case and people believe that it should be applied. Nevertheless, some people say before deciding a punishment, a judge have to evaluate the condition of suspects and the reason of doing it.
Deciding a punishment to the suspects is hard due to certain condition influences it. However, I think that a judge have to follow constitutional law about the fixed punishment. For instance, a man killed his wife because of jealous, and the evidence was a bloody knife. Based on the criminal law, it included a planned murder, which a suspect has to be punished with a lifelong imprisoned punishment. So, there should not be negotiated to lighten the punishment like only ten years of imprisoned. Because the constitutional law has been considered before it decided and the evidence had disclosed. Therefore, it should be applied to intimidate people in criminal cases.
Punishment is decided based on the evidences. However after revealed the evidences, Investigator always investigate the background why the depravity case happens. It leads to the circumstances of the suspect and motivation for committing the crime. Nevertheless, both of the reasons do not often influenced a judge decide a punishment to the suspects. Since, sometimes the certain case is difficult to force open the criminal background clearly. For instance, last year, there was child murder in Bali named Angeline. The suspects were Margareth, her foster mother and Agus Thay, her house cleaner. The evidences were clear, but the condition of an individual crime and the motivation of murder did not appear exactly to support of the real murder. Their opinion also contradicted each other. So, it made polices were hard to determine who the real murderer. Therefore, it is hard, if both of conditions become the reason to decide a punishment since every side can make up the story become real.
To sum up, fixed punishment has to be applied wisely to make people wary of doing crime that injure other people. Besides, evaluating the circumstances and the criminal background are important to know. However, it cannot be the main reason to affect the giving of punishment. 343w