Xavier is a state judge who is presiding over a case of homicide. During the hearing, the defense attorney proved that mitigating circumstances led to the occurrence of 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. Which of the following allows the judge to differ from the sentencing guidelines of the state?

Question

Quizplus · Accepted Answer

Judicial departure allows a judge to impose a sentence that differs from the standard sentencing guidelines, often due to mitigating or aggravating circumstances.

Xavier Is a State Judge Who Is Presiding Over a Case