Don't you think that judges, who are elected to do their job, should be able to pass sentence?

Question

Right now they have to go by the "minimum mandatory" sentences forced on them by politicians with no justice system experience!

Answer 1

It's their job to pass sentences, within the bounds of law.

That being said, I agree that politicians often make laws that have no basis in reality, merely to score political points.

It's sad that judges are often faced with only two options at the end of a trial -- imposing an unreasonable minimum sentence or setting aside the verdict and imposing no sentence. That type of all-or-nothing mentality is a completely counter-productive side-effect of legislative minimums.

Some states do a better job. They set minimums that are reasonable, and give a certain degree of latitude to the judges to deal with issues on a case by case basis. But on the flip side, sometimes it's the judges who are being unreasonable.

That's part of the reason checks and balances exist between the legislature and the judicial branch. It's an imperfect system, but it's one of the best available.

Answer 2

Being elected is what gives them power. Power from the people. It is their job after all.