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Punishment for those who whom commit a crime is essential and no one can refuse it. But the question is that if it is true right to have fixed punishment for each crime or it is necessary to search about a situation in which the crime has is happened. Some people believe that there should be fixed punishment for each type of crime and under no circumstances should people should go in the wrong way. They think that fixed punishment not only can prevent/deter avoid people for committing crimes, but also it makes people feeling scared frightening of from crime. Another group, myself included, believes that facing with criminals can be flexible. This group is inclined to believe that no one was born as a criminal and the situation which a person was born and grew grow up in it, is the main factor responsible for making a person do wrong, so . So, it may not be fair to deal with face with any guilty person in the same way. Sociologists who study offenders (about people who do wrong) have noticed that most of these people do not have awareness about their action. Because they mostly live in an area which is poor and they usually are not educatedion. As everybody knows (clearly) poverty and low education are the main reason of the cycle of crime. So sociologists recommend that before punishing facing with a criminal by law, it is necessary to search about conditions which pushed him to be one. Consequently, investigating decided about the circumstances in which a crime was committed committing in it are necessary and otherwise, fixed punishment cannot be fair in delivering justice. to facing with criminals.