California, United States of America
The following excerpt is from People v. Clancey, Ct.App. 6 H036501, S200158 (Cal. 2013):
The imposition of sentence within the legislatively determined limits, on the other hand, is exclusively a judicial function. (People v. Navarro (1972) 7 Cal.3d 248, 258.) The "refusal of prosecutors to consider plea bargaining as a viable alternative to a lengthy trial may militate against the efficient administration of justice, impose unnecessary costs upon taxpayers, and subject defendants to the harassment and trauma of avoidable trials. [Citation.] A court may alleviate this burden upon our criminal justice system if this can be accomplished by means of a permissible exercise of judicial sentencing discretion in an appropriate case." (Orin, supra, 13 Cal.3d at p. 949.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.