What are the rules of sentencing in criminal cases?

In New York, the laws that govern sentencing in criminal cases are set out in the Criminal Procedure Law. Sentencing is the imposition of a penalty upon a person who has been convicted of a crime. This penalty may include incarceration, probation, fines, and restitution. In New York, the judge must take into consideration a variety of factors when deciding on the sentence. These include the seriousness of the offense, the defendant’s prior criminal history, the wishes of the victim, and any mitigating factors that may exist. In particular, the judge must consider the principles of sentencing which are fairness, proportionality, deterrence, incapacitation, and rehabilitation. The judge must also consider whether jail is appropriate in each case. If it is, the judge must determine the length of the sentence and whether the defendant should be placed on probation or parole once released. The judge may also order restitution if appropriate. The judge must also provide notice to the defendant of the sentence to be imposed, as well as the conditions of their probation or parole, if applicable. The court must also provide a statement of reasons for the sentence that was given. In New York, parole is available to individuals who met certain eligibility requirements and who have been at least one-third of the way through their sentence. Once released, the individual is supervised by the Department of Correctional Services for a period of time. During this time, the individual must comply with the terms of their parole, including reporting restrictions, drug testing, and other restrictions.

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What are the rules of sentencing in criminal cases?

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