What is the difference between mandatory and discretionary sentencing?

Mandatory sentencing and discretionary sentencing refer to the two different ways in which a judge may impose a punishment for a criminal offense. In mandatory sentencing, the judge is required by law to impose a certain sentence based on the severity of the offense and the criminal record of the offender. This type of sentencing is usually used for more serious offenses and typically involves a minimum and maximum sentence, leaving the judge no discretion in determining the sentence. Discretionary sentencing, on the other hand, allows the judge to consider the circumstances of the case and the offender in determining what they think is an appropriate punishment. In this case, the judge is given more freedom to determine what sentence should be imposed, and the sentence may be less severe than the mandatory sentence for similar offenses. For example, if a judge feels that the offender has taken steps to rehabilitate themselves, the judge may choose to impose a lesser sentence than the mandatory sentence. In short, the key difference between mandatory and discretionary sentencing is that the former is determined by law and must be imposed as is, while the latter allows the judge to base their decision on more than just the facts of the case and the criminal record of the offender. In Indiana, most criminal offenses will typically be subject to discretionary sentencing, however for certain offenses the mandatory sentencing laws may apply.

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What is the difference between mandatory and discretionary sentencing?

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