Some people think that there should be fixed punishment for each type of crime. Other, however, argue that the circumstances of individual crime, and the motivation to committing it, should always be taken into account, when deciding on the punishment
Discuss both these view and give your own opinion?
There are many arguments for both views of whether we should have fixed punishment for each type of crime or not.
On the one hand, fixed punishment has some advantages. It can be clear for individuals about what certain punishment they will be got when intending to commit a crime. It helps the judge become easier and more convenient. Moreover, fixed penalties also lead to stability in society because people will consider carefully before acting whatever. However, it has some down sides. Fixed punishment sometime is absolutely arbitrary. If people know exactly things they will be punished, they can find the way to avoid it because the law is required to accurate to each detail. On the other hand, the instance and the motivation to committing crime need to be examined before deciding anything. It is clear that crime of killing people for self-defense is absolutely different from serial killing. We cannot judge as the same one. Considering carefully is always a prerequisite for ensuring justice and equity.
From my point of view, there have to be fixed punishment for almost crime except for something which are serious crimes such as criminal one. The government should range penalties from minimum to maximum, and then basing on each situation to generate decision. The Law also have been foreseeable any exception. For example, people who make damage for another should remedy according to the level of harm, it is not the same in each case. We also see that some person killing for self-defense will be innocent in some particular situations. Or in some countries, the law exempts thieves stealing the food in period of famine, the need for food seem not a crime.
Overall, the answer maybe lies at the middle. We should not fix all of punishment. Everything need be flexible to protect interest of citizens.