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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.

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