When public opinion moves toward more severe strategies of punishment, legislatures have responded by asserting their power over determining sentencing guidelines.

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When public opinion shifts towards more punitive approaches to crime, lawmakers may feel pressured to respond by increasing sentences or creating harsher penalties. In some cases, this may lead to legislative action to assert greater control over sentencing guidelines and limit judicial discretion in imposing punishments. This trend has been noted in a number of different contexts, from mandatory minimum sentencing laws to three-strikes laws to sentencing guidelines for specific offenses.

When Public Opinion Moves Toward More Severe Strategies of Punishment