The mandatory nature of Harmelin's sentence also did not require setting it aside. First, as Scalia agreed, the Eighth Amendment did not require the trial court to allow Harmelin to present mitigating evidence. Second, if the Court were to set Harmelin's sentence aside, it would necessarily have to reject the judgment of the legislature, where the initial responsibility for making the substantive judgment about appropriate punishments rests. Third, Michigan's system did not entirely lack mechanisms for considering the individual circumstances of a particular defendant. Prosecutors have discretion in bringing charges, the governor has the power to grant clemency "post hoc", and the legislature has the power to retroactively modify the sentence for all persons convicted of Harmelin's crime.