What is the difference between mandatory and discretionary sentencing?
Mandatory and discretionary sentencing are two forms of sentencing related to criminal procedure in Kansas. Mandatory sentencing is a form of sentencing in which the punishment for a criminal offense is predetermined by law. This means that when someone is convicted of a crime in Kansas, the judge is required by law to sentence the individual to the pre-determined punishment for that crime. This type of sentencing is usually reserved for more serious offenses like felonies. Discretionary sentencing, on the other hand, involves the judge considering all the facts of a case before making a decision on the appropriate sentence. This means that the judge will look at factors like the severity of the crime, the perpetrator’s criminal history, and mitigating circumstances before deciding what sentence best fits the situation. Discretionary sentencing is usually reserved for less serious offenses like misdemeanors. In Kansas, the law usually dictates when mandatory or discretionary sentencing can be used. For example, if the offense is a felony, then the judge must follow the mandatory sentencing guidelines. If the offense is a misdemeanor, then the judge has the discretion to determine the appropriate sentence based on the facts of the case.
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