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The Sentence

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Running head: THE SENTENCE

The Sentence
Jose Guerrero

Sentencing When criminal cases go before the justice system, it is safe to say that the elements of the crime have been established, that evidence supporting the criminal act has been presented and that the case against the defendant has been proven beyond a reasonable doubt to the jury who witnessed and heard the case as it was being presented. The presentation made before a judge and a jury will have an effect on what type of sentencing the accused might receive. Just like the prosecutor will the defense try to present their case with their own evidence and witnesses hoping to create some doubt in the minds of those hearing the case which includes the judge. In considering the criminal case at hand there would be some relevant information that as a judge I would need to have in order to impose the proper sentence against the defendant. First, I would like to know if the elements of the crime were proven during trial as directed by the penal code. Second, whether the crime itself was a misdemeanor or a felony. How much damage did this defendant caused whether it was monetary or personal damage since it deals with identity theft. Further, if the defendant had the intent to commit the crime and had knowledge of what he was doing at the time that the crime was being committed. Moreover, I would review the defendant’s criminal history to include whether he has been placed on probation or parole for the same or similar type of crime. Furthermore, I would review the evidence and testimony. Lastly, I would ask if the defendant received a just and fair trial as afforded to him under the Constitution of the United States and if his representation was proper. Having considered the facts of the trial and the jury’s decision, I would then move to imposing a sentence under the guidelines and laws allowed

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