Band 7 Sample:
Some people believe that there should be fixed punishments for each type of 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.
You should write at least 250 words.
Punishment is defined as a ‘negative reinforcement’, which aims to reduce negative behavior from occurring in the future. There is a long-standing discourse between jurists all around the world whether a criminal should be punished according to the fixed provisions of the law or by looking into the conditions that motivated him or her to commit a particular crime.
The most primitive form of the law, which has been practiced since the earlier times, suggests that there should be fixed punishments for each type of crime. This idea of law is based on egalitarian principles, which gives equal punishment to all the convicts for committing the same crime, and advocates for a fair and just trial for the accused. It breaks the barriers of all social distinctions, such as gender, class, literacy, et cetera, and upholds the idea of ‘justice’. On one hand, a businessman, and on the other a beggar, both caught in stealing, would be viewed by the same lens, and will be punished equally.
The contemporary jurists argue that while deciding the punishment of a criminal, other aspects which motivated him to commit a crime should also be considered, such as the individual’s situation, his intentions, his past record, et cetera. This form of deciding punishment is more adaptive, and gives weightage to the intrinsic factors of the individual, which helps in giving suitable justice. This idea of giving sentences, will view a regular law-breaker or a person committing heinous crimes from a different lens, and a poor person who stole food to fill his belly from a different lens.
To reiterate, I am inclined towards the more advanced judicial practices, which are subjective and give importance to the minutest details of the case, according to subjective cases.
Band 7 Sample :
Some people believe that there should be fixed punishments for each type of 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.
You should write at least 250 words.
A sizeable proportion of people are of the opinion that the quantum of punishment for a certain category of crime should be similar. Alternately, there is a separate viewpoint among the polity that each singular crime should be treated differently taking into consideration the prime motive, conditions surrounding the execution of the crime before deciding on the degree of punishment. In my opinion, most of the crimes in society is triggered by certain circumstantial or socio-economic reasons which should be examined before meting out the punishment.
To fix the same degree of punishment for similar crimes can result in convoluting the very idea of justice. Crimes like petty robbery committed by poverty stricken children or people who are forced to take to it due to their circumstances cannot be seen in the same light as a robbery done by a gang. Moreover, a spontaneous murder, although heinous, cannot be compared to one which is pre-meditated or done for some personal gains. Therefore, without delving deep into the reasons and circumstances might lead to a wrongful judgment.
In many cases, it has been observed that for the same crime, individuals involved in it have been awarded a different degree of punishment. This is because the involvement may be direct or indirect, in which case, the same kind of punishment would be inappropriate. Moreover, in cases where teens are involved in a crime, a lenient view is often encouraged as this might have long term consequences on the life of the individual. Alternately, some other crimes are so heinous in nature that they deeply affect the collective mindset of the society, in such cases, meting out exemplary punishment remains the only recourse. And this would not be possible, unless the motive and circumstances for each crime is taken into consideration.
To conclude, to uphold the sanctity of justice, it is of utmost importance that each crime be treated and examined differently before deciding the punishment as it affects both the individual and the greater society.
Band 6.5 Sample:
Some people believe that there should be fixed punishments for each type of 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.
You should write at least 250 words.
A few individuals contend that specific penalties should be established for each category of offense. However, various reasons and circumstances behind the commission of the crime should be the prime consideration before determining the penalty. According to me, the former view has better results for the welfare of the society.
On the one hand, assigning predefined penalties will assure equal justice, consistency, and fairness in the legal system. This system will also simplify the judicial process, as judges and law enforcement can efficiently administer justice without subjective interpretation that may lead to confusion and delay the law process. For crimes like theft and assault, the criminals will be aware of the consequences well in advance and the feeling of fear might keep them from committing the crime.
On the other hand, fixed punishments will not take into account complex individual situations, so judges should be given leverage to evaluate the circumstances of the offender and if the person has the potential to restart a decent life. Penalties in the form of rehabilitation, and counseling can lead a person to be free from a negative mindset and be an asset to society. So, having a flexible judicial rule will allow the judges to showcase both the severity of the crime and the conditions under which criminals shall be allowed to reintegrate with society. A survey conducted by the leaders of rehabilitation centers proves that eighty percent of offenders tend to start a new life after having effective psychiatric sessions and living life under mindful conditions.
To conclude, fixed versus flexible punishments revolve around fairness and effectiveness in the judicial system. While fixed punishments offer clarity and consistency, the flexible system ensures better consideration and leads to rehabilitative lives. Ultimately, a balanced approach will have equitable justice for all.
