Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses.
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Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses.
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Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
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Remedying the irregularities in Mandatory sentencing that arise from judicial discretion is supposed to make Mandatory sentencing more fair and balanced.
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Mandatory sentencing sentences are supposed to serve as a general deterrence for potential criminals and repeat offenders, who are expected to avoid crime because they can be certain of their sentence if they are caught.
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The assessment for Mandatory sentencing was determined by three separate decisions policy decisions, factual decisions, and decisions applying policy decisions to particular facts.
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Now that historical practices of Mandatory sentencing have been introduced, it is just as important to outline examples in reference to policy decisions, factual decisions, and decisions applying policy vs decisions to particular facts.
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The Mandatory sentencing guidelines outlined applied to the use and sales of drugs.
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Mandatory sentencing and increased punishment were enacted when the United States Congress passed the Boggs Act of 1951.
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In 1997 mandatory sentencing was introduced to the Northern Territory in Australia.
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The mandatory sentencing laws sparked debate of the laws being discriminative as indigenous people are overrepresented in the crime statistics in the Northern Territory.
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Mandatory sentencing sentences have been challenged on grounds that they violate the separation of powers required by the constitution, by allowing the Oireachtas to interfere in the judicial process.
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