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Analysis Of The People V. Smith Case

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In 1991 the Supreme Court of Michigan held a hearing of the People v Smith. The problem with this case was that Ricky Franklin Smith, the defendant, appealed to convince the court that he ought to be re-sentenced due to the consideration of the pre-sentence report of his investigation on his juvenile record that was expunged. “The question presented is whether the inclusion in the presentence investigation report of the expunged juvenile record of defendant Ricky Franklin Smith requires, under MCR 5.913, now MCR 5.925(E), that he be resentenced” (Justia US Law, 2017). In Michigan the Court of Appeals concurred with the defendant and saw a need to re-sentence Smith once more. The Supreme Court, nonetheless, heard the case and turn around the …show more content…

All things considered, those records ought not have been seen by the judge in charge of convicting Mr. Smith. “Smith argued in the Court of Appeals that he was entitled to be resentenced because the presentence investigation report contained references to his juvenile criminal record which had been automatically expunged pursuant to former MCR 5.913” (Justia US Law, 2017). “Nevertheless, arrest data are often used as measurements of juvenile crime because juvenile courts have varying rules of confidentiality regarding juvenile conviction records, which makes such records difficult to examine in many jurisdictions” (Elrod & Ryder, 2014). The Court of Appeals agreed with Smith mainly fixed on the People v Price, the court case from 1988. The case confirmed that a juvenile record that was expunged can not be acknowledged during a sentencing hearing. The State contended, despite the People v Jones in 1988, that if incorporated into the pre-sentencing investigation detail report that the record could be taken into account at the hearing. “Defendant claims on appeal, as in his post-sentence motion, that resentencing is required because his juvenile record was erroneously included in the presentence information report and considered by the sentencing judge” (Leagle, 2017). With these two contradicting choices, and the Court of Appeals decided that Price case was a more excellent way to …show more content…

After some time, most courts have taken the stance that the juvenile record of an individual can be thought about by a judge while considering a proper punishment for a now adult offender. “When, however, a juvenile offender appears in court again as an adult, his juvenile offense record may be considered in imposing sentence” (Elrod & Ryder,

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Ricky Franklin Smith was convicted based on his guilty plea of breaking and entering and his fourth offense of being a habitual offender. During his sentencing hearing, the court referred to his juvenile court records and enhanced his final sentence. Smith appealed his sentencing in the Court of Appeals arguing that he was entitled to resentencing because his juvenile criminal records had been automatically expunged pursuant to former MCR 5.913 (People v. Smith, 2017). The Court of Appeals reviewed People v. Price which had ruled that a juvenile record automatically expunged pursuant to MCR 5.913 could not be used during the presentence investigation. They also reviewed People v. Jones where the panel concluded that an expunged juvenile

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Name and Citation: UNITED STATES v. LETTERLOUGH 63 F.3d 332 (1995) Facts: An acquaintance of the defendant, Vincent Jay Letterlough, purchased a firearm without knowledge that Letterlough was a convicted felon. Upon learning that Letterlough was a felon, she turned herself into the police. Following her confession, Letterlough was charged with felony possession of a firearm in which he pled guilty. Because of a number of drug convictions, the Probation Officer during sentencing recommended considering Letterlough an Armed Career Criminal under the ACCA’s statutory sentencing enhancement.

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A decision held that under the Sixth Amendment, the defendant’s counsel had not met the standards of reasonable competence required of a defense. Even if a defendant and their family suggested that no mitigating evidence was available, it is required to use reasonable effort in obtaining and reviewing materials that the counsel expects prosecution to use as evidence during sentencing. The reasoning behind this decision argued that Rompella’s trial counsel did not make sensible efforts to examine the files on Rompilla’s prior convictions for rape and assault. The Court stated that the counsel should have known prosecution would present those files to the jury during sentencing, and that the information on Rompilla’s prior conviction would have found mitigating evidence about his mental health, childhood, and alcoholism that could have been used for a proper

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The juvenile courts need to go off of the seriousness of the case. In my opinion, if juveniles don’t get the proper charges, then there is always a chance that the juvenile could always continue to commit crimes. In this case, I believe Kent did not fully get his basic due process rights that should be granted to him. He was never fully investigated, which lead to the waiver eventually being

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Price (1988) resulting in the majority concluding that Price presented a better-reasoned approach and further added that the automatic expungement of juvenile convictions “is delusive and purposeless if law enforcement agencies may continue to use supposedly expunged records against a defendant to his prejudice” (People v. Price, 1988). Subsequently following People v. Jones (1988), its approach was deemed to effectively subvert MCR 5.913 and the dissenting judge expressed the belief that Jones represented “the better-reasoned analysis (People v. Jones, 1988). Consequently, the presentence investigation report that outlines Smith’s previous record, including twelve juvenile entries, Smith’s lawyer indicated was accurate (People v. Smith, 1991). Therefore, the judge indicated that because Smith’s record indicated seven prior felonies and three misdemeanors, the judge viewed the sentence as appropriate in order to punish Smith, protect society, and to deter others from committing such offenses (People v. Smith, 1991).

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A comparison study of two murders in the state of Ms which are Jones v. State of Mississippi (2009) and Parker v. State of Mississippi (2011) and both of these cases have a lot in common. Brett Jones and Lester Parker are currently in jail for a heinous crime. Not only were they 15 years old juveniles doing the time but they both their grandfathers several times for different reasons and because of that they were charged with first and second degree murder and was sentenced to life without parole. Brett Jones Jr. v. State of Mississippi (2009) Brett Jones stabbed his 68 year old grandfather to death and was sentenced to life without parole but because he was a juvenile at the time he was sentenced to life without the possibility of parole because his 8th amendment was violated.

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Therefore, Ricky Smith was sentenced to serve his time concurrently with the other sentence that he had encountered. However, in the case of People v. McFarlin, 389 Mich 557; 208 NW2d 504 (1973), it was suggested that a judge has the right to consider an adult offender's juvenile record, whereas the Probate Code suggests the probate *299 court cannot use a juvenile record as proper evidence against a child in any case in any civil, criminal, or other cause except under a Juveniles and Juvenile Division Chapter of the Probate Code(People v. Smith, 2017). Shortly after in 1978, the Court adopted JCR 13, in which provided automatic expungement juvenile offender records, providing within seven years afterward there is not a felony conviction(People v. Smith, 2017). The Panel of a different court has encountered this situation before, for instance in the People v. Price, 172 Mich App 396, 399-400; 431 NW2d 524 (1988) found that an automat expunge pursuant to MCR 5.913 will not use a juvenile record in court sentencing whereas, in the case of People v. Jones, 173 Mich App 341; 433 NW2d 829 (1988) suggests that a expunged juvenile record could be a factor in sentencing and included in the

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The basic facts on the case of Coy v. Iowa (1988) are that: The defendant John Avery Coy was arrested in August of 1985, on charges of sexually assaulting two thirteen-year-old-girls (Coy v. Iowa, 1988). The state prosecutor made a motion, at the trail of Coy, to allow the two girls to testify behind a screen or by using a closed-circuit television, to avoid further traumatizing the thirteen-year-olds (Coy v. Iowa, 1988). Before this case, “ The Iowa legislature’s purpose was to assure the fair and compassionate treatment of victims and to protect them from intimidation and future injury. Iowa stature allowed for a child to testify via closed-circuit television or by videotape” (Thuet, 1994, p.11). Therefore, because of Iowa’s statutory procedure,

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In the case of the People versus Smith, it struggles with conflicts and balances. The verdict was decided by the Supreme Court of Michigan in 1991. The issue at hand was that the defendant, Ricky Franklin Smith, argued that he should be re-sentenced because of the action of the presentence investigation report of his previously expunged juvenile record. The Court of Appeals in Michigan agreed with the defendant and required that Smith is sentenced again. However, The Supreme Court heard the case and reverses the decision stating that Smith did not need to be sentenced again on the basis of the inclusion of his juvenile record alone.

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In Miller vs. Alabama, the question of whether or not a life without parole sentence for minors violates the Eighth and Fourteenth Amendments was raised and discussed (1). In July of 2003, Evan Miller, along with an accomplice named Colby Smith, severely beat Cole Cannon with a baseball bat and burned down his trailer while he was inside (1). Miller was only fourteen year olds at the time of the crime (1). In 2004, Miller was transferred from Lawrence County’s juvenile court to Lawrence County’s Circuit Court to be tried as an adult (1). He was going to be tried for capital murder during the course of an arson (1).

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The local judge overturned the jury and ordered a new trial (Johnson). During this time, the defendants were held in prison. Two years passed before any

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Roper v. Simmons is considered a landmark case and is one of a handful that shows a new direction in granting some relief from what has been established as harsh “adult” punishments for juveniles (Elrod & Ryder, 2014). In fact, many studies are showing that the differences between adults and juveniles are quite significant (Elrod & Ryder, 2014). The courts are realizing that these differences must be taking into account when dealing with juveniles in the criminal justice system (Elrod & Ryder, 2014). However, that being said, change does not occur overnight, and for the unforeseeable future, juveniles will still continue to be waived into adult courts (Elrod & Ryder, 2014).

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The juvenile justice system has made numerous of ethical issues when managing juvenile offenders. The issue with the juvenile justice system is the laws and rules that govern it. It has led to years of controversial debate over the ethical dilemmas of the juvenile corrections system, and how they work with youth offenders. The number of minors entering the juvenile justice system is increasing every month. The reasons why the juvenile justice system faces ethical dilemmas is important and needs to be addressed: (1) a vast proportion of juveniles are being tried and prosecuted as adults; (2) the psychological maturation of the juvenile to fully comprehend the justice system; and (3) the factors that contribute to minorities being adjudicated in the juvenile justice system are more likely than White offenders.

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Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.

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Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.

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