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 motivations for committing it, should always be taken into account when deciding on the punishment. Discuss both views.
Give reasons for your answer ad include any relevant examples from your own knowledge or experience.
Here is my answer:
Circumstantial evidence has been often considered a key factor in pronouncing an individual guilty, in most of the judicial systems. There is a difference of opinion, however, whether circumstances and motivation should be considered or the punishment should be fixed for individual crime. In this essay, I shall discuss both the views and thereafter, state my opinion.
The supporters of the fixed punishment for crime argue that by definition, crime is an act of offense. No crime is committed without causing damage or destruction of reputation, material, property of life. Hence, they strongly suggest that decision making is easier and faster if the punishment is pre- fixed by law. Moreover, the nature and extent of damage done differs according to the crime. It is largely based on the nature of the individual crime. Thus, fixing a definite punishment for each category means allocating punishment according to the severity of damage. For instance, it is commonly known that an act of murder is punished with either life time imprisonment or being hanged to death whereas, speed driving is charged with fine. These are pre- fixed on the nature and severity of the damage caused.
On the other hand, many people believe that considering the circumstances and motivation, before deciding on a punishment is a must. this opinion is largely supported by the fact that sometimes, crimes are inspired by an act of self defense. For example: a murder committed in self defense against being harmed ( like in cases where the female is burnt alive for dowry, or burglary or in rape cases) is not exactly the same as the one committed as an act of revenge. In addition to that, some people are so under privileged that they happen to conduct such activities in order to ensure the basic survival needs, such as, stealing food or medicine. These are different in nature, because of the difference in intent of the act.
My own view is that circumstances and motivation should be considered in deciding punishment for any crime. While crime is an act of offense and revenge for some people; it can also be a step taken for self protection or to ensure basic survival needs. These factors are contributory in the decision making of the judicial system and need to be considered before deciding on a punishment.