What is the difference between mandatory and discretionary sentencing?

Mandatory sentencing occurs when a judge is required by law to sentence an offender based on an established set of criteria. This means that the judge must issue a specific sentence based on the crime that was committed and the record of the offender. This type of sentencing is intended to prevent any bias or favoritism by the judge and ensure that all who commit the same crime receive equal punishment. Discretionary sentencing, on the other hand, allows judges more freedom to consider all the facts and circumstances of a crime before sentencing. This type of sentencing gives more power to the judge to determine what sentence should be given based on the individual circumstances, including the criminal’s prior record and the nature of the crime. With this type of sentencing, the judge is able to tailor the criminal’s punishment to best fit the case. The difference between mandatory and discretionary sentencing is that mandatory sentencing takes out the personal decision of the judge when issuing a sentence, while discretionary sentencing allows the judge the discretion to weigh the facts and circumstances of a case and make a decision on an individual basis.

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What is the difference between mandatory and discretionary sentencing?

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