San Jose Spotlight: Modest reforms to California sentencing law would address extreme injustices
by Senator Dave Cortese
Have you ever wondered why two people who get charged with exactly the same crime get sentenced to completely different prison terms? The answer is something called “judicial discretion.” It means that, in the absence of a fixed rule, and with regard to what is fair and equitable under the circumstances and the law, a judge is allowed to consider individual circumstances when deciding a sentence.