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Legal Definitions - mandatory penalty

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Definition of mandatory penalty

Definition: A mandatory penalty is a punishment that is set by law and must be imposed by a judge without any discretion to individualize the punishment. It is also known as a mandatory sentence.

Example: In some states, a mandatory penalty for a first-time DUI offense is a fine of $500 and a license suspension of six months. This means that if a person is found guilty of a first-time DUI offense, the judge must impose this penalty, regardless of any other circumstances.

Explanation: The example illustrates how a mandatory penalty works. The law sets a specific punishment for a particular offense, and the judge has no discretion to impose a different punishment. This is intended to ensure consistency in sentencing and to deter people from committing crimes by making the punishment predictable and severe.

A good lawyer knows the law; a great lawyer knows the judge.

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Simple Definition

A mandatory penalty is a punishment that a judge has to give to someone who has broken the law. The judge doesn't have a choice about how long the person will be punished for, because the law says they have to give a certain amount of time. This is different from other types of sentences where the judge can decide how long the person will be punished for.

Law school: Where you spend three years learning to think like a lawyer, then a lifetime trying to think like a human again.

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Law school: Where you spend three years learning to think like a lawyer, then a lifetime trying to think like a human again.

✨ Enjoy an ad-free experience with LSD+