>Actually there's less discretion than ever. It's all about mandatory
>sentencing now.
Here's a table of federal mandatory minimums:
http://www.famm.org/Repository/Files/FEDERAL%20MANDATORY%20MINIMUMS%2011.29.10.pdf
There's more discretion at the state level, where most cases are prosecuted, although at the state level there are lots of three strikes type laws, as well as enhancements that defense attorneys have a hard time keeping up with.
Federal judges have regained some discretion that was lost during the 20 odd years when Federal Sentencing Guidelines were binding. Since 2005, the guidelines are advisory only. But judges are still bound by mandatory minimums, which come from Congress. The guidelines are written by a commission.
Joanna wrote:
>On the other hand there's lots of discretion about charging a crime
>and which crime to charge.
Yes. Prosecutors definitely have the upper hand there.