In the last few decades, there has been a noticeable increase in the amount of violence and crime throughout the world. In most developing countries and in some developed nations, the number of people charged with crimes is rising sharply. While some people believe that a fixed punishment is the most suitable one for criminals, others argue that the circumstances in which the crime has occurred should be taken into consideration. In this essay, I will be looking at both points of view and will argue that the latter perspective should be a deciding factor in decision-making.
It is commonly claimed by some people that crimes such as murder should have the same punishment in all different conditions. It is their view that crimes such as robbery, kidnapping, human trafficking, drug smuggling, murder, and rape, which are among the most heinous acts, should always have the punishment of the death penalty. One reason for this viewpoint is that such criminals are a real danger to the entire society. One issue with this notion is the fact that not all of these offenses have been committed in the same situation. For instance, in Italy, criminals charged with deliberate murder and manslaughter are both executed immediately after being arrested, emphasizing the fact that there are no strict rules in the judicial system.
In contrast, others think that considering the various circumstances of the crimes should be the most appropriate factor in identifying the kind of punishment. For instance, according to an American study, 78 percent of inmates convicted of homicide in the United States of America are innocent, indicating that most of these crimes happened because the accused needed to defend himself against the danger of the murdered victim. Therefore, considering the circumstances gives the jury an opportunity to make reliable choices on different crimes.
All in all, since crimes occur under different circumstances due to self-defense, I think that circumstances should be taken into account. In other words, a fixed punishment is not the fairest solution in this case.
