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.
The severity and the relativity of penalties has been a highly discussed topic since centuries. It is thought by many people that criminals done the same actions should be punished equally without taking into consideration their motives or other relative circumstances.
However
, it is suggested by the others that the motive behind each individual carrying out wrongful action, their situation and condition should be considered when giving punishment. In my opinion, even though fixed penalties may seem to have contributed to the encouragement of equality, regarding each individual's own condition when punishing the unlawful behaviour provides more just environment.
Supporters of fixed penalties argue that in order to promote impartiality among wrongdoers there is a need to charge each of them by the same punishment. The judges might act arbitrarily and sometimes defectively when making a decision. This
happens when rulers give much more importance to their feelings than the existing fact. Moreover
, there is a limited knowledge regarding the problem encountered. In other words
, the court is merely aware of the information which has shown them in the courtroom. This
may lead to false judgement and therefore
inaccurate penalties. Furthermore
, the ruler's decisions may be appealed by the other party and as a result
higher court reverses that judgement. Take, for example
, a conducted study suggests that 38 percent of the judgments
reversed Suggestion
judgment
last
year in Russia.
On the other hand
, the concept of equality and the justice are not always overlap, the latter is a far wider and complex term. Every criminal has a different motivation and purpose of conducting an offence. Therefore
, treating them equally would contribute to the disruption of our morality and understanding of equality by culminating in unfairness. For example
, a child who stole some milk from the supermarket and the person who steals some perfume or clothes should be punished distinctively, even the acts have the same name as theft from the perspective of law. Otherwise
, the society would be affected poorly.
In conclusion, whereas, the fixed punishment is beneficial to both the rulers and the criminals through the prevention of any possible emotional ruling. I agree that, flexible and variable decisions better serve for justice and the existing moral values in
a society by the hindrance of unjust treatment.Suggestion
of
Submitted by pbayrak16 on
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