The short answer is that it's up to a judge to decide that, up to the law what it's based on and up to the people what the law is.
Sure there is still some leeway between only letting a judge decide the punishment and full on mob rule, but it's not a slippery slope fallacy when the slope is actually slippy.
It's fairly easy to abuse the leeway to discriminate to exclude political dissidents for instance.
Sure there is still some leeway between only letting a judge decide the punishment and full on mob rule, but it's not a slippery slope fallacy when the slope is actually slippy.
It's fairly easy to abuse the leeway to discriminate to exclude political dissidents for instance.