What is the difference between mandatory and discretionary sentencing?

Mandatory sentencing means that the judge must impose a prison sentence when certain offenses have been committed. This sentence is usually written into state law and applies to all offenders regardless of their individual circumstances. Discretionary sentencing means that the judge has the flexibility to impose any sentence that is within the range of sentences established by law. This range can be broad, allowing the judge to make their own assessment of the case, the offender, and what sentence is appropriate in that particular case. In Florida, mandatory sentencing applies to offences such as first-degree murder, certain drug offences and serious violent crimes. The judge must impose a sentence set by statute and cannot reduce it. Discretionary sentencing applies to most other offences. In those cases, the judge has the discretion to impose any sentence within the range provided for in the law. The key difference between mandatory and discretionary sentencing is the amount of flexibility given to the judge. With mandatory sentencing, the judge must impose the sentence that is written in the law. With discretionary sentencing, the judge takes into consideration the circumstances of the case, the offender, and the offense to determine what sentence is appropriate.

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What is the difference between mandatory and discretionary sentencing?

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