The use of discretion by criminal justice system actors can sometimes nullify or compensate for severe punishment laws.

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Discretion allows criminal justice system actors, such as judges and prosecutors, to make decisions based on the individual circumstances of each case. This can lead to leniency in certain situations or compensation for overly harsh laws. For example, a judge may use discretion to give a lesser sentence to a first-time offender who committed a non-violent crime, even if the mandatory minimum sentence is severe. Ultimately, the use of discretion can play a significant role in mitigating the impact of severe punishment laws.

The Use of Discretion by Criminal Justice System Actors Can