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If the defendant was convicted of a crime that has a mandatory sentence attached to it, that was mandated by the legislature when it was passed, there is no decision to be made by anybody conected to the judicial process - the sentence was pre-determined by the legislature. If the offense does not have a mandated sentence then the judge delivers the sentence (usually after a pre-sentencing report has been done), or in some cases (usually capital crimes) - in some states - the jury may be involved in deciding the sentence of either life improsenment or death.

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