Some people believe that there should be fixed punishments for each type of crime. Others, however, argue that the circumstance 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?
Fixed punishment is becoming debatable issue over recent years. The main argument in favour of this punishment is suitable for any type of crime, while opponents believe that people should know about motivation behind the crime and the circumstance of that crime. Inspite of opinions in both sides, I would argue that each type of crime should be analyzed first before judge decides type of punishment.
The general view is that fixed punishment is a form of strict law which has significant possibility to reduce crime's rate inasmuch as it will make people afraid to commit illegal activities. Take China as an example, fixed punishment is applied for financial crime's culprit, and the process is showed to the publicity so as to mold people anxiety to perpetrate crimes. Thus, it can be the best solution to reduce crime's rate in society.
Conversely, before punishment is decided, people or judge have to consider in people motive to commit crime as sometimes it does not their own fault. A 2013 research of Psychology department shows that about 40 per cent of people motive to commit crime are caused by external factor such they have to defend on themselves. It is advocated by Laksmini's murder case in 2005 which reveals that Laksmini kills Petrus with the aim of defend herself for being rapped. It means that the people cannot judge the crime's punishment before all of the motive and evidence appear.
Based on those views, I would argue that deciding fixed punishment have to pass through many consideration in several aspects. Firstly, all of the evidence should be clear as it will prevent the judge punishes wrong people who solely become a black lamb. Also, law has to concern about the motivation of people for committing crime as occasionally it does not their own fault. Consequently, if this phases are applied it shows the form of injustice.
Ultimately, despite the positive effect of fixed punishment, it will be better if people of judge investigate deeply the motivation and the circumstance of crime before punishment is decided. It is imperative that this means of punishment consideration is the best method.