Xavier Is a State Judge Who Is Presiding Over a Case

question 48

Multiple Choice

Xavier is a state judge who is presiding over a case of homicide. During the hearing, the defense attorney proves that certain mitigating factors accompanied the crime. According to state sentencing guidelines, the defendant should receive three to five years in prison. Xavier, however, sentences the defendant to two years in prison as he feels that a three- or five-year jail term would be too harsh. Which of the following allows the judge to differ from the sentencing guidelines of the state?

• A) The principle of just deserts
• B) The truth-in-sentencing laws
• C) Judicial restraint
• D) Judicial departure

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