What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence?

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.)

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