Quote:
Originally Posted by DSTCHAOS
The law isn't equally applied. There is no perfect judicial system that goes strictly by the sentencing guidelines with no leeway given based on extralegal factors (Max Weber would call such a perfect system "formal rational"). Instead, we still have a degree of prosecutorial and judicial discretion for most cases. This allows for extralegal factors like social class, age, gender, and race to reduce the potential for this to happen to "any of us."
|
True, and unfortunately, even when they tried sentencing guidelines, it turned out to be a failure (federal sentencing guidelines which turned out to be a mess).