What is the difference between mandatory and discretionary sentencing?

Mandatory sentencing is a form of criminal sentencing in which judges are required by law to impose a pre-determined sentence on a person who has been convicted of a particular crime. This type of sentencing eliminates the discretionary power of the court to determine an appropriate punishment based on the facts of the case. In contrast, discretionary sentencing is a form of criminal sentencing in which judges have the discretion to choose a punishment based on the facts and circumstances of the case. Discretionary sentencing gives the court the ability to evaluate the unique facts and circumstances of a case, such as the seriousness of the crime, the defendant’s criminal history, the offender’s ability to accept responsibility or show remorse, and consider any mitigating or aggravating factors that may be applicable. In Massachusetts, the majority of criminal cases involve discretionary sentencing rather than mandatory sentencing. This is because the state of Massachusetts has given judges the freedom to consider all relevant factors in determining the appropriate punishment for a crime. However, there are a few exceptions, such as certain drug offenses, that are subject to mandatory sentencing.

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