What is the sentencing process in criminal defense law?

In Kansas, criminal defense law dictates the sentencing process for those found guilty of a crime. Generally, the presiding judge will consider several factors when deciding the most appropriate sentence. This includes factors like the severity of the crime, the defendant’s criminal history, if there were any aggravating circumstances, and the defendant’s remorse. A sentencing hearing will be held in court where the judge will look at evidence and statement from the prosecution, defense, and witnesses. The defense will present mitigating evidence that can help reduce the guilty party’s sentence or present evidence of the defendant’s good character and potential for rehabilitation. The judge may also utilize an expert witness, if necessary, to evaluate the severity of the crime and the defendant’s criminal history. Expert witnesses typically consist of psychologists and psychiatrists who will provide an opinion to the court about the defendant’s mental health and overall level of risk. Once all information has been presented, the judge will issue a sentence that fits the crime. Possible sentences may include probation, fines, jail or prison time, or community service. The judge may also opt to suspend a portion of the sentence, meaning that the defendant will be required to serve a period of time under the court’s supervision. In some cases, the judge may also order restitution, which requires the defendant to pay back to the victim any money lost due to the crime. Regardless of the sentence issued, it is important to remember that the court system in Kansas works hard to ensure that the punishments handed down are not disproportionate to the crime.

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