What is the difference between mandatory and discretionary sentencing?

Mandatory sentencing is when a predetermined sentence is imposed on a criminal based on the severity of the crime or other factors determined by the court. This predetermined sentence is set by law and does not allow any sort of discretion from the court or the judge. In Texas, mandatory sentences are often associated with repeat offenses, drug offenses, or certain violent crimes. Discretionary sentencing is when the judge has more freedom when sentencing the criminal. The judge has the authority to decide if a specific sentence should or should not be given based on the facts of the case. This allows the judge to take into account multiple factors that should be taken into account in the sentencing process. A judge can decide to impose a lighter sentence if mitigating circumstances exist or can determine that harsher punishments are necessary. Overall, mandatory and discretionary sentencing both have their pros and cons. Mandatory sentences help ensure that similar crimes are punished similarly, lessen the burden on the judge when making a decision, and ensure a degree of consistency. However, it often does not take into account the unique circumstances of a case or the individual who committed the crime. Discretionary sentencing, on the other hand, allows the judge to take all the different factors into account and craft a sentence based on the specifics of the case. This does come with the risk of inconsistency and bias.

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What is the difference between mandatory and discretionary sentencing?

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