What are the factors used by a judge to determine a sentence for a convicted rapist?

California, United States of America


The following excerpt is from People v. Delena, E061261 (Cal. App. 2015):

which a sentencing judge may rely in choosing among the three possible terms. (Cal. Rules of Court, rules 4.420, 4.421, 4.423, 4.428.) The factors used in selecting the sentence must be supported by a preponderance of the evidence in the record. (People v. Scott (1994) 9 Cal.4th 331, 349-350; Cal. Rules of Court, rule 4.420(b).) The factors on which the sentencing court relies must be "reasonably related to the decision being made." (Cal. Rules of Court, rule 4.408(a).) Here the factors considered should be relevant to the decision about whether the circumstances of the offense and defendant's personal characteristics "establish a danger to society sufficient to justify such a prolonged period of imprisonment." (In re Rodriguez (1975) 14 Cal.3d 639, 655.)

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