There is an ongoing debate on the merits of having a rigid discipline system in place for all crimes committed. This essay will firstly discuss, how having fixed punishments could lead to a more competent judiciary system as the biggest advantage. Secondly, this essay will discuss how this may lead to people being punished in the same way for both minor and major crimes as the primary disadvantage.
On the one hand, the main advantage of having a standardised punishment system could lead to a downward trend in crime, as the system would serve as a deterrent. This would allow the courts to easily hand out justice to all criminals, in order to make the judiciary system more powerful. For example, in some states in the USA, there are tough sanctions in place for criminals, including death by lethal injection. In 2014, the New York Times reported that up to 65% of criminals who were incarcerated for high-level crimes (murder, manslaughter) received the lethal injection.
On the other hand, the primary disadvantage of having fixed punishments is that people who have committed low-level crimes may also be given harsh sentences, in the same way as those who have been sentenced for high-level crimes. This may make the system unjust, as the punishment should befit the crime. For instance, a person who may have acted in self defence, should have their case heard in full, before being given a punishment befitting of someone who has been part of a violent act.
In conclusion, fixed punishment offers an interesting choice for effective crime deterrence and a faster judicial process. However, its inherent flaw in generalising all crime without carefully considering mitigating circumstances would compromise the very essence of justice and should warrant a closer study before fully implementing it to any modern judicial system.
There is an ongoing debate on the merits of
having
a rigid discipline
system
in place for all
crimes
committed. This essay will
firstly
discuss, how
having
fixed
punishments
could lead to a more competent judiciary
system
as the biggest advantage.
Secondly
, this essay will discuss how this may lead to
people
being punished
in the same way
for both minor and major
crimes
as the primary disadvantage.
On the one hand, the main advantage of
having
a
standardised
punishment
system
could lead to a downward trend in
crime
, as the
system
would serve as a deterrent. This would
allow
the courts to
easily
hand out justice to all criminals, in order to
make
the judiciary
system
more powerful.
For example
, in
some
states in the USA, there are tough sanctions in place for criminals, including death by lethal injection. In 2014, the New York Times reported that up to 65% of criminals
who
were incarcerated
for high-level
crimes
(murder, manslaughter) received the lethal injection.
On the other hand
, the primary disadvantage of
having
fixed
punishments
is that
people
who
have committed low-level
crimes
may
also
be
given
harsh sentences,
in the same way
as those
who
have
been sentenced
for high-level
crimes
. This may
make
the
system
unjust, as the
punishment
should befit the
crime
.
For instance
, a person
who
may have acted in
self defence
, should have their case heard in full,
before
being
given
a
punishment
befitting of someone
who
has been part of a violent act.
In conclusion
,
fixed
punishment
offers an interesting choice for effective
crime
deterrence and a faster judicial process.
However
, its inherent flaw in
generalising
all
crime
without
carefully
considering mitigating circumstances would compromise the
very
essence of justice and should warrant a closer study
before
fully
implementing it to any modern judicial
system
.