From the time of religious laws to our today’s modern law system, there was always been a discussion about the no)on of penalty law; especially about the crimes we commit as humans. The punishment system is actually coming from recompensa)on of our criminal behaviours in legal field. Injustice of our legal system in these days make people believe that there should be fixed punishment for each type of crimes. Whereas there are people who defend this type of system, there are also people who thinks that the circumstances of an individual crime and the mo)va)on behind it also needs to be take into account in the process of the punishment. In general, the reason behind the crime changes case by case thus there are always other factors that we need to consider.
Various type of factors are playing role for each crime by itself. It is fact that law system has also different connec)ons to different doctrins like sociology, psychology and even history. It is often alleged that psychologic situa)on of humans effect a lot their behaviours and their relations with others. I personally believe that even a little angry episode can lead to different results in daily life. Thats why, in modern law, there is a distinction between negligent and intentional acts. Owing to this dis)nc)on, the punishment of crimes varifies. Whist we observe the reason of this contradiction, we can see the effect of psychology and sociology. Humans have complex emo)ons and rationality that links behind their actions. Thats why, to my mind it is impossible to have a fixed punishment for each case. We need to also have empathy and remember that we can result in this posi)on. Human have good and bad sides; some external effects can lead us to do things that we normally would not do. Besides, there are also negligent crimes that can not be punished in the same way as inten)onal ones.
On the other hand, from the perspective of victims and from their close circle, it is hard to watch the criminal does not suffer from a punishment which is equal to their crime and the impact of it. Nevertheless, it strikes me that, even with fixed punishments these people would not feel the justice and they would still have these emotions of anger and sadness towards the criminal. Therefore, whereas it is important to decide in a fair way to stop future crimes and maintain the justice in the eyes of victim and others, we need to also consider criminal’s lifes and moves behind it. For example, a poor person can kill someone unintentionally while stealing his money. In this case, we need to also take into account the motivation behind the behaviour and understand the act from their eyes.
To sum up, even though we have the feeling of inadequacy for the victim, we need to take into account that there are also different circumstances of these crimes. The law protects everyone, not only the victim. That is why, it is not possible to have fixed punishments for each crime. The meaning of jus)ce is also working fort he other side of the story hence other factors should always be taken into account.