To make the punishment fit the crime in today’s world is virtually impossible as there is no universal agreement as to what constitutes fair punishment for a crime. The judgment of whether a punishment is appropriately severe can vary greatly among societies. Countries are often concerned when their citizens are subjected to foreign laws considered barbaric by their own country. Countries beleaguered by specific crimes have tough laws to eradicate crimes common to their society. Views on crime and punishment are perpetually shifting. Advocates of human rights vilify any laws that are perceived to curb an individual’s rights. Many see harsh punishment as counterproductive and increasing calls are being made for countries to practice restorative justice as opposed to retributive justice.
While laws are the bedrock of all societies, each country is a sovereign entity and draws up its own laws and statutes based on religious codes, historical practices or its particular circumstances. Anyone who transgresses the law cannot claim ignorance and is beholden to obey the law or receive his just deserts. In theory, a penalty for a misdeed or wrongdoing should be reasonable and proportionate to the level of wrongdoing. In reality, a misdemeanour in one society can constitute a crime punishable by death in another. Saudi Arabia, for instance, has often been berated for stoning to death women convicted of adultery. In most societies, adultery is not a chargeable offence. In Singapore, the consumption of drugs is an offence unlike countries such as Portugal, Spain, and Italy. Thus fitting the punishment to the crime varies across countries.
A good fit between punishment and crime could be possible to a certain extent if a country has a robust judicial system where laws are carefully deliberated and there is a general consensus that the punishments are consistent with the nature of the crimes. The perpetrator should have access to adequate legal aid to ensure that all facets of the case are examined. Astute and impartial judges, beacons of justice and morality, must ensure that sentencing is fair based on the stipulated range of penalties prescribed for a particular offence. If it is felt that the punishment does not fit the crime, the wrongdoer has to recourse to make an appeal. In Singapore, the Supreme Court hears appeals from the High Court and State Courts. The Penal Code is revised from time to time to keep pace with social and political changes against a backdrop of increasing technological advancements that breed new and increasingly complex online crimes.
Fitting the punishment to the crime is also clearer in cases where an obvious infringement has been made. This is generally true for banal crimes which do not affect others or society directly. A person caught speeding, littering or shoplifting would normally accept the punishment considered fit by society. It can be difficult to mete out punishments for complex crimes which involve several parties with varying levels of complicity. Crimes against humanity such as the battering of a maid provoke the ire of the citizens who demand balefully that the perpetrators receive just punishment for their cruelty. In India where rape is rife, public outcry can influence the penalty handed down to the culprit. Animal rights groups belabour the fact that greater punishments ought to be exacted for cruelty to pets and animals. Crimes of passion which are not premeditated are particularly complex and fitting the punishment to the crime requires careful consideration.
The arbitrariness of fitting the punishment to the crime is increasingly obvious in a globalized world where the dissemination of world news takes place at a rapid pace. Crimes and their resultant punishments often provoke anger or ridicule from the online international community. While Singapore has rigorous legal systems and structures and is noted for its incorruptibility, it is often belittled for being a ‘fine’ city which imposes fines for littering, the sales of chewing gum, eating on the metro, smoking in non-designated areas and jaywalking. People mostly in the developed world are befuddled that flogging practised in ancient times, is still being practised in many Asian and Middle-Eastern countries. Many feel that such punishments are dehumanizing and do not fit the crime of any nature. Caning in countries such as Brunei, Singapore, and Malaysia dates back to British colonial rule. The jail and caning of two young Germans for trespassing and spray-painting a metro train in Singapore received criticism from the online community. From Singapore’s standpoint, the sentence is not baseless. Given the size and fragility of its state, there can be no compromise on safety and security. A strong deterrent has to be set against trespassing and the defacement of property.
World norms are changing. Murderers are a bane in any society. While it would seem fair and fitting that a person who willfully takes the life of another is punished by forfeiting his own life, about a hundred countries have abolished the death penalty. Opponents of capital punishment state baldly that many innocent people are executed due to unfair and discriminatory practices. Many criminals are from economically and socially backward sections of society and do not have access to good lawyers and a fair trial. We often read of lawyers who find loopholes in the law to exonerate their clients. Many bemoan the fact that there have been cases in countries, however, have retained the death penalty for drug trafficking to send a strong deterrent signal to would-be traffickers and protect its citizens from the ill effects of drug consumption. When Indonesia executed eight convicted drug traffickers in 2015, it provoked a backlash in Australia, Brazil, and Nigeria were seven of them hailed from.
In conclusion, I would like to reiterate that fitting punishment to a crime is both a Science and an Art and that it is not possible to have an exact fit. Judges and juries cannot baulk from the grave responsibility of ensuring that the punishment fits the crime as best as it can. Laws and punishments are necessary. Without them, there would be bedlam.