What is not a real thing? The article argues (correctly or incorrectly?!) that while parole etc still exists, the leeway which still exists in the system, is in

What is not a real thing? The article argues (correctly or incorrectly?!) that while parole etc still exists, the leeway which still exists in the system, is increasingly used to stop parole, judge the harshest sentence allowed by law, etc. That the leeway in the past was more often used the other way. Consider attenuating circumstances etc.