But Judge Cooke said: "Given the amount and the purity, the sentencer
could have taken a higher starting point.
Hence, even in Bearden the Court accepted that a sentencer
For otherwise seems the decorum to a weak and ignorant judgment than it doth to one of better knowledge and experience, who showeth that it resteth in the discerning part of the mind, so as he who can make the best and most differences of things by reasonable and witty distinction is to be the fittest judge or sentencer
205) Mitchell, supra note 76, at 346 ("A sentencer
might take into account a 10 percent likelihood that a defendant carried a gun during the crime.
The question of what weight to give to the offender's youth was determined by the sentencer
on a case-by-case basis.
This also completes almost 30 years as a sentencer
The sheriff added: "Under the Criminal Procedure (Scotland) Act 1995, Section 204(2), a sentencer
is not to impose custody unless there is no alternative.
The justices indicated their displeasure with the mandatory nature of life without parole sentences in their opinion, writing, "The mandatory penalty schemes at issue here, however, prevent the sentencer
from considering youth and from assessing whether the law's harshest term of imprisonment proportionately punishes a juvenile offender.
If God is the ultimate judge, after all, he's also the supreme sentencer
According to Swartz's defense attorney, Ortiz and the prosecution tried to pressure Swartz by saying "the judge was pro-government and a tough sentencer
But see RYBERG, supra note 196, at 113 ("What I am claiming, of course, is not that possible differences in sensibility or in prison conditions would be irrelevant to the proportionalist sentencer
, who believes that it is intended severity that counts; if, for instance, there is an intention to punish two persons equally severely and the sentencer
knows that there are such differences then they should be accounted for when the sentencer
seeks to carry out the intention.
Alabama's statute was technically not mandatory, according to the respondents, because the sentencer
had the option of giving either a death sentence or life without parole.