Not really. Virtually all crimes have minimum sentences that the judge can't reduce. In this case the minimum was 10 years.
Injustice
- Thread starter kenworth
- Start date
Yes, really. Even though there are mandatory minimums a judge can still choose to make any part of that probationary. They can also assign it as house arrest and even allow the convict to travel between home and work. And there are half-way house punishments as well.
In short, judges STILL have a wide variety of options. But most are wise enough to reserve those forms of treatment for extremely rare situations. (And celebrities, unfortunately.)
You're simply wrong about this. This particular law required a minimum of 10 years imprisonment before any possibility of parole, and the judge was not able to reduce it. Maybe the minimum sentencing laws work the way you describe in your particular state, but it’s not that way in Georgia.
I never said one word about parole. Nor did I say anyhing about the judge reducing the sentence, either. And can you cite the particular law you're referring to AND show that absolutely no judicial discretion is allowed???
http://www.legis.state.ga.us/legis/2003_04/gacode/17-10-6.1.html
"Notwithstanding any other provisions of law to the contrary, any person convicted of a serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles."
Explicit enough for you?
That's very good. But you also need to find just what's involved in the opening part of that statement: "Notwithstanding any other provisions of law to the contrary..." Because that's THE precise thing that allows exactly what I've been talking about.
Do you know what "notwithstanding" means? It means "despite" or "regardless of". This sentence is saying that even if there are other provisions of law that would allow a judge to stay, suspend, probate, or withhold a sentence, those provision do not apply in this case.That's very good. But you also need to find just what's involved in the opening part of that statement: "Notwithstanding any other provisions of law to the contrary..." Because that's THE precise thing that allows exactly what I've been talking about.