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 motivation for committing it, should always be taken into account when deciding on the punishment. Discuss both these views and give your own opinion.

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

this

act in the

first

place.

This

deterring effect

also

leads to social stability and security, by minimizing the number of wrongdoing committed. If people knew they would be able to convince the court or the jury of a reason for having committed the transgression they are accused of, penal decisions would be largely arbitrary.

This

would result in 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 has to be fixed retribution 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 Completion Law where a person being held liable for a violation 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 committing the crime.As for the exemptions, in some countries the law exempts thieves 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.