Why the same crime has such a wide range of punishments?

Laws are used to sentencing the criminals when the judge considers all points and confirms the crime. But why there are many punishments for a single crime? Read on to learn about it.

Since the beginning, the world has created several ways to punish criminals for the general population's security. There are different punishments for different crimes. The punishment cannot solely depend upon the level of crime, but it is also moulded with the character of the criminals. The different types of offenders commit the same offence, but the punishment is given suited the criminal. That is why there are different punishments for the same crime. This blog will help you understand how different punishment is given for the same crime.

Theories of punishment

According to the University of Oxford handbook, there is four punishment. Although Restorative justice is a new idea, the present specialist in criminology considers it to be a legitimate punishment choice. The individuals who judge the kind of offence and their punishment regularly utilize one of the following ways.

Ø  Deterrence

Deterrence means to forestall future offences, and it means the focus on explicit deterrence. The explicit deterrence prevents the offender from future wrongdoing by instilling the fear of punishment. It alludes to the effect on individuals to less likely to perpetrate offence when they are informed about the punishment through someone else experienced.

Ø  Incapacitation

It is an old method which still utilized. Incapacitation implies eliminating the individual from society. It incorporates house arrest, jail detainment, and more critical options such as execution. Many consider this approach flawed because it does not address recidivism and rehabilitation.

Ø  Retribution

It is the first type of punishment, and it follows the idea of an eye for an eye. Retribution gives a sense of justice and satisfaction to the victims. And offender gets a reasonable degree of punishment for the offence he carried out. Those who make law face the task of deciding these proper levels of punishment.  Those punishments can be ticket fines for speeding to the compulsory sentence for a serious crime.

Ø  Rehabilitation

Rehabilitation tries to forestall future wrongdoing by modifying the offender's behaviour. It ordinarily incorporates offering different projects in the jail, such as mental counselling, vocational and educational programs and treatment centre placement. This methodology additionally allows the judge to add the rehabilitation program as part of the punishment for the offender.  

Ø  Restoration

It is a new methodology in the criminal justice system. It requires the offender to make direct reparations with the victim for their offence and the local area where the crime happened. This methodology is utilized for juvenile criminals. In this method, the victim and offender meet. And the victim tells the offender about what he has to go through because of the committed crime. After hearing, criminals seek forgiveness and make amends.

These theories are used to sentence criminals for their committed crimes. Society fosters every one of them by guaranteeing suitable punishment for the criminals and wellbeing of the society.

Same offence, different punishment

Following are the few factors why the same crime results in different punishments for different offenders.

Intention

The intention is a perspective that should go with the demonstration of the specific offence. The intention is further divided into three types. General, specific and constructive intention. The intention is the vital motivation to influence the punishment of the offence. If an individual is doing something which results in the death of somebody, but he did not have a motive to kill, on the other hand, if an individual kills someone with the intention of killing. There is death in both cases, but the intention is different. That is why punishment will be different in both cases.

Background

The other factor which leads to different punishments for the same crime is the background of the criminal. The offending history of the individual and the disturbing realities of the case assist the judge in concluding to sentence the different levels of punishment for each criminal. There are many variables on which sentencing is based depending on the situation. Each criminal is unique, even with the same offence or charge. Despite the fact that charges might be similar, situations in every case aggravate one from the other. There also may be the relieving condition in one case that would be missing in other.

Factors considered in determining the punishment

Many offences are explicitly counted in the constitution. Finding the specific crime also identify the suitable punishment. Variables considered by the judge before sentencing the criminals.

Ø  The criminal is a habitual perpetrator, or it was his first time.

Ø  The criminal is the main offender, or he was helping the other criminal in committing the crime.

Ø  The criminal carried out the offence under someone's pressure or coercion.

Ø  Whether the offence was committed without harming anyone or anyone got hurt during the crime.

Ø  The criminal was vindictive and destructive to the victim or specifically cruel.

Ø  The criminal is remorseful for his actions or not.

Criminal's own words

The court must provide the counsel to talk in favour of the defendant before imposing the sentence.  The court can also provide the opportunity for the defendant to speak for himself. The same arrangements are contained in many states. The victim can also speak in court and suggest mercy or strictness for the offender.

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