Irena Was a First Generation American Born to Immigrant Parents

Irena was a first generation American born to immigrant parents. She faced tremendous struggle assimilating into the U.S. and accepting the local culture. She was caught stealing from the local department store because she couldn't afford to shop there and thought the clothes were too expensive anyway. She pled guilty to the offense. During her sentencing the judge noted that normally the offense would just carry a fine but because he wanted to teach her a lesson she would be serving 6 months in prison. She believes the sentence was as a result of her nationality but the judge insists it is not. The sentence imposed is likely constitutional even if motivated by her ethnicity because it is within the judge's power to adjust sentences to fit the crime.

A) Yes, judges may use any facts to impose sentences.
B) No, ethnicity has nothing to do with the criminal act.
C) Only juries can take into account this type of information.
D) Only the Supreme Court justices may take into account this type of information.