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Band 8

Some people believe that there should be fixed punishments for each 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.

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Introduction
Although
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 there is no doubt that crime must be punished, it is important to consider which type of penal
system
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 is most appropriate. While some believe that a
system
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 of fixed sentences should be adopted, I support the view that
punishments
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 should be based on motives and circumstances.
Body paragraph 1
Those who advocate implementing a judicial process of set
punishments
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 may argue that
this
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 would make criminal trials more efficient.
For example
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, once a jury has decided a particular defendant is guilty of murder, the judge need only refer to the ‘punishment for murder’ to sentence that person to life imprisonment. The benefit of
this
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 is that a huge amount of time would be saved in court,
thus
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 leading to significant financial savings.
As a result
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, more money could be spent on healthcare, education and welfare.
Body paragraph 2
However
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, I would argue that the above
system
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 is too rigid, and a process of ‘flexible’
punishments
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 is much fairer. The latter punishment
system
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, which many countries use, leaves more room for compassion toward offenders who have been blackmailed or manipulated.
For instance
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, under
this
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system
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, if a thief is able to prove that he had been bullied into committing his crime, he should be sentenced to less prison time than a thief who had been motivated by greed. If
,
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apply
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instead
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, fixed
punishments
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 were implemented,
this
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 sense of fairness and morality would be lost.
Conclusion
In conclusion, while a legal
system
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 of fixed
punishments
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 might be more cost-effective and efficient, a procedure of assessing crimes based on circumstances and motives is more just, and justice, in my view, is paramount.

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