1. might impose more severe sentences in light of a defendant's immaturity, extreme mental or emotional disturbance, or diminished capacity (in its diminished responsibility form). See, e.g., Paul H. Robinson, Hybrid Principles for the Distribution of Criminal Sanctions, 82 NW;courts, relying on theories of incapacitation and deterrence,1987
2. J3 is a lenient sentencer who believes that aggravated assault should be subject to 5 years in prison, and that vehicular theft should be subject to 2.5 years in prison. In each of these cases, the sentence meted out seems fair in light of that judge's sentencing patterns. Between cases, however, variances in judges' overall sentencing severity lead to the imposition of identical punishments for acts of widely varying blameworthiness;D3 commits intentional murder and is sentenced by J3 to 10 years in prison
3. This is at least generally reflected in the fact that the sentences in many cases involving mandatory minima often track the minimum punishment. Memorandum #28 from the D.C. Crim. Code Reform Comm'n to Advisory Group Members;Stephanos Bibas, Plea Bargaining Outside the Shadow of Trial,2004