Kansas Supreme Court Hard Ruling On Jessica’s Law

In Kansas v. Salinas, 105,988, 2012 WL 2866102 (Kan. July 13, 2012), the Kansas Supreme Court upheld the district court’s determination to not allow a requested departure from a life imprisonment with a minimum imprisonment of not less that 25 years, after the defendant plead guilty to aggravated criminal sodomy.  at *6.  The defense presented evidence that the defendant had been sexually abused himself, diagnosed with attention deficit hyperactivity disorder and depression, and was a drug addict, in support of mitigation.  Id. at *2.  However, the district court found that there was no “evidence rising to a substantial and compelling reason to depart.” Id. at 3.  The high court determined that the district court did not abuse its discretion in refusing to depart from the harsh sentence because it was a sever offense, the defendant had a high risk of recidivism, and he presented a risk to the public.  Id. at 5. 

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