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No, that is why it is called a MANDATORY minimum sentence. The judge has no discretion.
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∙ 14y ago
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Does a federal district court judge have the authority to sentence less than the mandatory minimum in a felony drug case for a 1st time offender?
No. A "mandatory" minimum is exactly what its name implies. The judge has no discretion and MUST impose the minimum set by the statute.
Is a fixed penalty binding in law?
If a statute imposes a mandatory minimum sentence of incarceration, then yes, it is "binding" meaning a judge cannot impose a sentence less than that minimum.
If a defendant is sentenced to serve on a charge that requires a mandatory minimum sentence does a judge have the right under certain circumstances to reduce the original sentence?
No, that is why it is called a MANDATORY minimum sentence.
What type sentences may a judge impose?
A judge exercises wide discretionary powers in sentencing cases that come before him, except (in the US) where the legislatures have written mandatory sentences into the statute law. The judge may NOT change these mandatory minimums.
Can a first time non violent felony offender in broward county Florida appeal their minimum mandatory sentence of three years to try and receive less time?
The answer lies within the question. "Minimum MANDATORY" - means the judge has no option to sentence less. The sentence was set by the state legislature.
The use of mandatory prison terms?
Certain laws that define criminal actions also prescribe a specific mandatory jail term. This means that the judge cannot give probation or a fine etc instead, but must sentence a person found guilty of that crime to jail time. In most cases it specifies a minimum number of months or days for the crime.
What is the principle reason for a judges diminshed sentencing power?
The principle reason for the judge's diminished sentencing power is that the judge would impose a prison sentence with both a minimum and a maximum term in years such as a 2 years minimum to 5 years maximum, or 5 years minimum to 20 years maximum.Another View: A reason for a judge's diminished sentencing power would be the proliferation of legislatively mandated minimum sentences attached to the statute law that the state legislatures are passing. The law, as passed by the legislature TELLS the judge how much fine or sentence he/she MUST impose and allows no leeway for judicial discretion.
What is a sentence imposing sentence?
There are many ways a judge can impose a sentence. One example is "I sentence you to ten years in prison."
What aid to help judge decide what sentence to impose?
It is known as a pre-sentencing investigation.
Who sets the minimum term that a convicted murderer serves?
It COULD be the judge in the case, but nowadays, in many states, the state legislatures have passed what is known as Mandatory Minimum terms for certain crimes. This means that the judges do not have discretion to sentence the defendant, but MUST sentence the defendant to the time specified by the legislature.
Can a judger over rule a mandatory sentence?
No. He does not have that discretion. If the legislature sets a certain MANDATORY sentence for a particular offense, the judge MUST uphold the law, not over-rule it.
Is there a sentence that uses nonchalent?
If you appear before the judge with a smug, nonchalant attitude, he's more likely to impose the maximum sentence.
