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Fixed Punishment Vs Discretionary Punishment - Discuss

Oct 26, 2010   #1
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 always be taken into account when deciding on the punishment.

Discuss Both these view and give your own opinion.

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The vulnerable situation of the law and order in our country signifies the importance of the justified punishment for criminal activities. Besides, there is an on going debate on two thoughts of people. Some people believe that there should be a fixed punishment for each type of crime and other state that the circumstances of an individual should be considered in case of deciding punishment. I definitely support the second notion of setting up individual's punishment concerning their circumstances and motivation of committing the crime. In the following paragraphs I put forth my arguments to support my views.

To begin with, stringent punishment sometime incurs deterring situation in the society. It is, therefore, important to make a scrutiny on the circumstances of committing misdeeds of the perpetrator of crime. For instance, self defense killer is not as dangerous as serial killer. The convicts of both of the transgression will be sentenced to death. Nevertheless, the atrocity of the crime is not same. There should be an exemption category in the punishment decision. The crime that is committed accidentally or not deliberately should be exempted.

In addition, most of the times the poor powerless people misleadingly get accused of a crime and lead their whole life in imprisonment while the actual perpetrator could get parole and make him out of prison by using power. Hence, the motivation should be taken into account when deciding on punishment.

On the other hand, those who are defender of the above opinion also find firm ground for their thought. The deterring situation that occurs due to fixed punishment is beneficial to keep peace in the society by establishing stable law and order situation. The harsh stringent penalty for crime abstain the crook to do such misdeed.

On balance, to improve the law and order system, it is obligatory to execute firm punishment concerning the circumstances and motivation of the perpetrator of the crime.

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