Volume 252 — Kansas Reports

SYLLABUS BY THE COURT 1. CRIMINAL LAW — <italic>Sentencing — Considerations of Sentencing</italic> <italic>Judge.</italic> The sentencing judge determines the sentence by exercising his or her best judgment, common sense, and judicial discretion after considering all of the reports, the defendant's background, the facts of the case, the public safety, and the statutory guidelines for sentencing. 2. SAME — <italic>Sentencing — Statutory Considerations.</italic> K.S.A. <cross_reference>21-4601</cross_reference> sets forth the legislative policy to be followed in the sentencing of criminal defendants and is to be liberally construed to the end that persons convicted of crime shall be dealt with in accordance with their individual characteristics, circumstances, needs, and potentialities as revealed by case studies. 3. SAME — <italic>Sentencing — Statutory Considerations — Sentencing</italic> <italic>Judge Should Detail Factors Considered When Defendant's</italic> <italic>Sentence Exceeds the Minimum.</italic> Judges cannot ignore the legislative policy and sentencing criteria set forth in the statutes when imposing a sentence. It is the duty of the judge to follow the legislative sentencing mandates. Where the sentence exceeds the minimum, the legislature intended that the sentencing judge place on the record a detailed statement of facts and factors the judge considered.