What is the difference between mandatory and discretionary sentencing?

Mandatory sentencing involves a judge imposing a minimum sentence, or “mandatory minimum”, for a crime. This sentence is dictated by law and cannot be changed by the judge. In Virginia, punishments for certain violent offenses such as murder and rape can include life in prison without the possibility of parole. Discretionary sentencing occurs when a judge is allowed to use their judgement in determining the appropriate sentence for a crime. Judges take into account factors such as the seriousness of the offense, the defendant’s criminal history, and mitigating circumstances when making their decision. Virginia does not have many mandatory sentences, so discretionary sentencing is the most common form of sentencing for criminal offenses. The biggest difference between mandatory and discretionary sentencing is the amount of flexibility that the judge has when determining a sentence. With mandatory sentencing, the judge must follow the guidelines set out by law, while with discretionary sentencing they have more freedom to tailor the sentence to the individual circumstances of the case. Ultimately, the goal of both forms of sentencing is to ensure that justice is served.

Related FAQs

What is the difference between criminal and civil procedure?
What are the elements of a crime?
What are the different stages of criminal procedure?
What is the difference between direct and circumstantial evidence?
What is the purpose of a pre-trial hearing?
What is the impact of the Bill of Rights on criminal law?
What is the process of a criminal trial?
What are the rules for hearsay evidence in criminal trials?
What are the rules of double jeopardy in criminal procedure?
What is the role of the prosecution in a criminal case?

What is the difference between mandatory and discretionary sentencing?

Related FAQs

Related Blog Posts