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Actually judges do it all the time at sentencing. Eliminate compassion from the law and you get north korea
No actually they do not. That is why we have laws governing the sentencing of criminals. For instance murder in the first degree is guaranteed to put someone in prison for a minimum of 25 years to life in most states or the death penalty.
I believe that you are confusing mitigating factors with aggravating factors. A first time offender with no aggravating factors will often get a smaller sentence than someone with the same crime and aggravating factors. Again, based on law.