Some 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 these two views and give your own opinion. Give reasons for your answer and include any relevant examples from your own knowledge or experience.

Fixing punishments for each type of

crime

has been a debatable issue. There are many arguments supporting both views, those for and those against fixed punishments. On the one hand, fixed punishments will have a deterring effect on society. Individuals knowing that they will be subject to a certain punishment if they are convicted with a given

crime

, will reconsider committing

this

act in the

first

place.

This

deterring effect

also

leads to social stability and security, through minimising the number of crimes committed. If people knew they would be able to convince the court or the jury of a reason for having committed the

crime

they are accused of, penal decisions would be largely arbitrary.

This

would result into criminals getting away with their crimes and into a high level of injustice caused by the subjective approach of different courts.

On the other hand

, taking the circumstances of a

crime

and its motivation into consideration is a prerequisite for establishing and ensuring justice and equity. A person killing in self-defence cannot be compared to a serial killer, moving from one victim to the

next

. In my opinion an intermediary position between both solutions is the perfect way to establish and ensure justice and equity. There have to be fixed punishments for all crimes.

However

, criminal laws have to provide for a minimum and a maximum for the punishment and the laws

also

have to foresee certain cases of exemptions. An example for setting minimum and maximum penalties is Competition Law, where a person being held liable of a

crime

under

this

law will be convicted to pay a fine, according to the harm caused by the violation and the profit gained by the violator through is committing the

crime

. As for the exemptions, in some countries the law exempts Chiefs stealing food during a period of famine taking into consideration the distress and hunger.

Also

, a person killing in self-defence will be exempted from punishment.