Legal Opinion · Dissent

People v. Amos

Michigan Court of Appeals

Decided February 2, 1973No. Docket 12910Published

1DissentT. M. Burns, J.

Upon conviction, the trial court is required to fit the punishment to the needs of the particular defendant. In re South-ard, 298 Mich 75 (1941); People v Earegood, 383 Mich 82 (1970). Within certain limitations, the sentencing judge possesses absolute discretion in setting such punishment. Cummins v People, 42 Mich 142, 144 (1879); People v Malkowski, 385 Mich 244, 247-248 (1971). Vesting the trial court with this awesome power must necessarily rest on the premise that the sentencing judge is the best informed and the best equipped to properly and intelligently discharge the sentencing…

2Cases cited6 opinions

  1. Wayne Circuit Judges v. Wayne CountyMichigan Supreme Court · 1969
  2. People v. MalkowskiMichigan Supreme Court · 1971
  3. People v. EaregoodMichigan Supreme Court · 1970
  4. Cummins v. PeopleMichigan Supreme Court · 1879
  5. In Re SouthardMichigan Supreme Court · 1941

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