Being punished for criminal acts is obviously vital in a civilized society. But what is the right way of doing so? Should people know exactly how they are going to be punished, without any possible discount related to motivations and circumstances, or should the sentences be customized for each situation? I think it is important to analyse what could be the reasons behind each position.
If all people would be judged just for the action, surely they will know beforehand what they are going to face for a specific felony and maybe that would hinder the crime rate. If you know that the fact that you steal a piece of bread, without hurting anyone, would have the same consequences as if you commit an armed robbery, probably you will not take any risks and you will not steal anything at all.
In addition, knowing that the sentence is decided because of the criminal act itself, can also seem more equal. There are a tremendous number of statistics that show that gender, race and social status of the criminal influence a big deal both the jury (that decide if you’re a culprit) and the judges (that decide the punishment). Also the recurrence of the crime is often seen as a reason to aggravate the punitive measure.
On the other hand, the intention behind the action should be taken into account. There’s a difference if someone kills a human trying to protect himself, or by accident, than if he really wanted to kill someone because whatever reason. As human being we naturally think that there are circumstances in which a crime could be justified, but not forgiven.
It has also to be considered the age of the perpetrator. If the criminal is a minor it is hard to tell to what extend the decision has been influenced by others or how much he is able to understand the action committed.
All in all, I think that even though there could be some benefits in punishing people for the crime, we must always take into account the circumstances and motivations behind it. Sadly, there are people who try to use this way of sentencing to alleviate their punishment, so maybe the problem relays more on how the attenuation of the sentence is evaluated.
Being punished
for
criminal
acts is
obviously
vital in a civilized society.
But
what is the right way of doing
so
? Should
people
know exactly how they are going to
be punished
, without any possible discount related to motivations and circumstances, or should the sentences
be customized
for each situation? I
think
it is
important
to
analyse
what could be the reasons behind each position.
If all
people
would
be judged
just
for the action,
surely
they will know beforehand what they are going to face for a specific felony and maybe that would hinder the
crime
rate. If you know that the fact that you steal a piece of bread, without hurting anyone, would have the same consequences as if you commit an armed robbery,
probably
you will not take any
risks
and you will not steal anything at all.
In addition
, knowing that the sentence
is decided
because
of the
criminal
act itself, can
also
seem more equal. There are a tremendous number of statistics that
show
that gender, race and social status of the
criminal
influence a
big
deal both the jury (that decide if you’re a culprit) and the judges (that decide the punishment).
Also
the recurrence of the
crime
is
often
seen
as a reason to aggravate the punitive measure.
On the other hand
, the intention behind the action should
be taken
into account. There’s a difference if someone kills a human trying to protect himself, or by accident, than if he
really
wanted to kill someone
because
whatever reason. As human being we
naturally
think
that there are circumstances in which a
crime
could
be justified
,
but
not forgiven.
It has
also
to
be considered
the age of the perpetrator. If the
criminal
is a minor it is
hard
to
tell
to what
extend
the decision has
been influenced
by others or how much he is able to understand the action committed.
All in all, I
think
that
even though
there could be
some
benefits in punishing
people
for the
crime
, we
must
always take into account the circumstances and motivations behind it.
Sadly
, there are
people
who try to
use
this way of sentencing to alleviate their punishment,
so
maybe the problem relays more on how the attenuation of the sentence
is evaluated
.