Fixed punishment là gì

Task 2:

Some people believe that there should be a fixed punishment 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 of these two views and give your own opinion.

HỌC NGAY TỪ VỰNG LIÊN QUAN ĐẾN CHỦ ĐỀ:

1. 1. have a deterrent effect on society: has the effect of preventing people from

   2. be subject to: likely to be affected by something

   3. convicted with: bị xét xử

   4. reconsider = rethink

   5. leads to = result in = bring about

   6. social stability and security: an ninh trật tự xã hội

   7. the jury : bồi thẩm đoàn

   8. accused of = be held responsible for = be charged with

   9. penal decisions = the punishments for offenders

   10. arbitrary = seems unfair

   11. getting away with = do something wrong and not be responsible for

   12. a high level of injustice : being unfair; treated unequally. [sự bất công]

   13. subjective = based on your opinion and therefore unfair. [suy nghĩ chủ quan]

   14. taking into consideration = take into account = consider

   15. a prerequisite /ˌpriːˈrekwəzɪt/: = precondition = a must

   16. ensuring justice and equity [=fairness] : đảm bảo công lý và công bằng

   17. killing in self-defense : giết người để tự vệ

   18. compared to = bear comparison with

   19. an intermediary position /ˌɪntəˈmiːdiəri/solve the dispute between two things/ people.

   20. foresee = predict = anticipate = project

   21. exemptions: the process of freeing or state of being free from an obligation or liability imposed on others

   22. Syn = exception, exclusion, freedom release

   23. penalty = fine = sentence = punishment

   24. being held liable of = be accused of/​be charged with

   25. pay a fine: đóng phạt

   26. violation: the act of going against or refusing to obey a law

   27. violator [n]

   28. exempts smb from Ving: miễn trừ ko phải làm gì

   29. famine /ˈfæmɪn/: lack of food, scarcity of food = food shortage

   30. the distress: problems caused by lack of food

BÀI MẪU BAND 9.0 TỪ GIÁM KHẢO TRONG SÁCH CAM:

Fixing punishments for each type of crime has been a debatable issue. There are many arguments supporting both views, those for and those against fixed punishments.

On the one hand, fixed punishments will have a deterrent effect on society. Individuals knowing that they will be subject to a certain punishment if they are convicted with a given crime, will reconsider committing this act in the first place. This deterring effect also leads to social stability and security, through minimising the number of crimes committed. If people knew they would be able to convince the court or the jury of a reason for having committed the crime they are accused of, penal decisions would be largely arbitrary. This would result into criminals getting away with their crimes and into a high level of injustice caused by the subjective approach of different courts.

On the other hand, taking the circumstances of a crime and its motivation into consideration is a prerequisite for establishing and ensuring justice and equity. A person killing in self-defense cannot be compared to a serial killer, moving from one victim to the next.

In my opinion an intermediary position between both solutions is the perfect way to establish and ensure justice and equity. There have to be fixed punishments for all crimes. However, criminal laws have to provide for a minimum and a maximum for the punishment and the laws also have to foresee certain cases of exemptions. An example for setting minimum and maximum penalties is Competition Law where a person being held liable of a crime under this law will be convicted to pay a fine, according to the harm caused by the violation and the profit gained by the violator through committing the crime for the exemptions, in some countries the law exempts thieves stealing food during a period of famine taking into consideration the distress and hunger.

[313 WORDS]

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