Legal Question in Criminal Law in Florida

Re: what states use judicial discretion?

I'm not licensed in all 50 states, so I can only tell you for sure that, in Florida, judges decide sentences, though they must follow guidelines issued by the legislature and the supreme court and, sometimes, minimum mandatories. Florida judges also decide whether to impose the death penalty, though the decision is based on a jury recommendation. The federal courts are pretty much the same.

I don't know for sure, but I don't think many other states have sentencing guidelines, but I think most have minimum mandatories, and I think in most states, the judges do the sentencing.

If you were asking about "withholding adjudication," that's done in Florida, and I've heard it's done in North Carolina and California.

Hope I've answered your question.