Other crimes have no mandatory sentence and so the judge has some discretion. It should be noted that judges never sentence anyone to serve 10 years for a felony, Walsh says. Judges look at presentence reports, which give criminal history, family situation, work history, education, and psychological problems before determining a sentence. If a person has a history of violent crimes the options are limited, Walsh says. Victims are also frequently consulted, which provides them with some sense of closure.
Judges also consider plea agreements between the state and the defendant.
That's where an agreement is reached that sets out a guilty plea in exchange for some concession from the state. If a sentence is recommended in a plea agreement and the judge accepts it, the judge is bound by that sentence. The agreements reached between the state and the defendant are based on the circumstances of the case, but they aren't final until the judge accepts or denies them. Most are accepted, and judges feel plea agreements are best for the system. The system wouldn't function without plea agreements.