To Impose Fixed Punishments for a Crime, or Not?

Recently, Peter Robertson, one of Britain's most renowned lawmakers who specialises in criminal law, has publicly proposed a new measure to put an end to the rapidly increasing crime rates in the country. According to Robertson, for each type of crime, from shoplifting and burglary to smuggling and murder, there should be fixed punishments that the Ministry of Justice and the lawmakers decide on. However, more and more people, including people of the legal profession, have been expressing their opposition to this measure by saying that the circumstances of an individual crime and the criminal's motives play a major role when it comes to the decision on the punishment.

The proponents of Robertson's view claim that if the government puts this measure into practice, it will discourage current or potential criminals and make them think twice before committing a crime simply because they will know that, when caught, they will have absolutely no chance of getting away with it with anything less than what the fixed punishment appoints. Once you are found guilty, not even the best of lawyers will be able to negotiate in court the type or harshness of your punishment, be it a fine or jail time. Put simply, the circumstances under which one committed a crime will not be taken into consideration anymore; there will be no exceptions or special treatments.

On the other hand, lawyers and judges say that not only does this measure underestimate their work, but it may also undermine the justice system. For instance, it would be unfair to punish a homeless old man for stealing some food the same way you would punish a woman with records of bad conduct for shoplifting expensive jewellery. And what about the mentally ill people that are not aware of their actions? In case they committed a crime, would they be sent to jail or a clinic to be treated? Punishing criminals solely based on the crime category under which they happen to fall sounds childishly over-simplistic and arbitrary. The profile of the person behind those actions must be examined in order to understand what has probably led them to crime and what their motives were at the time. Life history, health or psychological problems, financial and social status, as well as previous criminal records have to be taken into account when deciding on the criminal's punishment.

In my view, fixed punishments are a retrogressive measure that will set back the society a hundred years. Societies of the 21st century must accept the human nature as it is. We all make mistakes, we all might lose our way, and it is the society's duty to help us get back on the right track if we do. Instead of dooming criminals in a blind and arbitrary manner, the government should be focusing more on creating those conditions - such as a prosperous economy, good education, and employment prospects - required for crime prevention. Creating and maintaining a healthy society is the only way to eliminate crime effectively.

Ernesto passed the ESB B2 exam with high scores!

We are happy to announce that Ernesto passed the ESB B2 exam (May 2017) with merit, getting very high scores in the Speaking and Listening sections. Huge congratulations, Ernesto! We hope it's onwards and upwards from here!