What is the sentencing process in criminal defense law?

In Nebraska, the sentencing process in criminal defense law is a complex process that is handled by the court. The court takes into account a variety of factors when determining the sentence for a crime. The first factor considered is the severity of the crime. This will include the type of crime committed, the harm caused, as well as any history of similar criminal activity. For example, if a person is convicted of a violent crime, they could receive a harsher sentence than someone convicted of a lesser crime. The court will then consider mitigating factors, which are specific circumstances that can lessen the severity of the sentence. These can include the defendant’s age, lack of prior criminal history, participation in rehabilitation programs, or evidence of remorse. Lastly, the court will consider any aggravating factors, which can lead to an increase in the severity of the sentence. Aggravating factors can include the presence of a weapon, the use of a minor to commit a crime, or any criminal activity that results in a risk of serious injury or death. Once all of these factors have been considered, the court will issue a sentence, which may include a combination of time in prison or jail, fines or restitution, community service, or probation. The sentence should be tailored to fit the crime and the offender, and must be viewed as fair and just by the court.

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