factors for crime determinationSome people believe that there should be a fixed punishment 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 of views and give your own opinion.
Some would say that fixing penalty has to be implemented for each crime to deter crime rates and give fair justify for criminals. However, others argue that the motive and circumstances should be measured in terms of long period sentences given.
The fixed punishment established by the state is the most viable way against perpetrator committing a crime, and this will ensure people receiving the same judgment in the legal system. As prison sentences make people suffering to live in the poor facilities and condition, criminals would pay more attention about the rules and thinking more to commit any offense. When the type of crime is the only aspect to determine the penalty, people experience doubling threat and believing reduce the number of offenders. For example, In Indonesia, before a severe penalty gives for drug abuse, this leaded an uncontrolled offenders between teenagers and adults who got the same penalty without discrimination. However, after long sentence launching for such crime, the news of drug abuse decrease significantly. If this policy is implemented fairly by the stakeholder, it could create a communities without any crime disrupting their life.
On the other hand, there is a group of people that suggest to take consideration about the motivation and background problem before the criminals are punished. Economy crisis usually forces people to commit the crime as they need to fulfil their basic necessity to stay alive. Should this be given the same punishment with those who intentionally being criminals? To illustrate this, a grandmother who arrest for stealing food in the shop would be given at least 1 year and pay fine as much 5 million rupiah based on the agreed sentence, while she experience very poor condition and steal due to starvation in several days, and then Compared to them, doing such crime is for getting profit. If the two cases above get a similar prison sentences, this will not be called humanity. Therefore, I firmly believe that the offenders should be investigated properly before giving the penalty.
In conclusion, while fixing punishment succeed to reduce criminal cases, it should be important to measure motivation and circumstances as factors to determine prison time.