Essays --

The People of the State of Michigan v. Ricky F. Smith is a court case where Mr. Smiths late record came into good will during sentencing as an adult. Ricky F. Smith had an extensive criminal background as a minor. According to 437 Mich. 293, 470 N.W. 2d 70, defendant Ricky Smith had twelve criminal entries on his teenage record. The twelve entries include seven prior felonies, three misdemeanors and deuce memorandums of charges. As an adult, Ricky Smith was arrested for breaking and entering with the intent to commit stealing as an adult. During the sentencing of the breaking and entering, as an adult, the judge took into account the alleged expunged juvenile record of the defendant. The Judge said that the strong belief was imposed because Smiths record included seven prior felonies and three misdemeanors, and he viewed the sentence as withdraw to punish Smith, to protect society, and to deter others from committing like offenses. As a conclusion Smith was sentenced under a habitual offender statute that involve a mandatory six to thirty years in prison (leagle.com, n.d.). Ricky Smith immediately appealed his sentence claiming that he would have only served a sentence of three and a half to ten years on the breaking and entering charge however the presiding judge vacated that sentence and travel further with the habitual offender charge which carried a heavier sentence. Mr. Smiths counsel appealed the lower courts last to the Michigan judicial system of Appeals on grounds that he was entitled to be resentenced because his earlier sentence was based on a presentence investigation report that contained a consultation to his juvenile criminal record. According to Smith, this juvenile record should have been automatically ex... ...by counsel or waived representation. This construction would permit the probate court to uphold its own housekeeping system without imposing a secondary stem rule on probation officers and trial Judges (leagle.com , n.d.). The court also recognized a modern view of sentencing and showed that a particular sentence is to ratio of societys need for protection and maximizing the rehabilitation of the offender. In order to do this, a judge must view the juvenile court history to reveal patterns of law breaking in an cause to reach an informed sentencing decision. The Court of Appeals, led by Justices Cavanaugh, C.J. and Binkly concurred with a decision to reverse and remand the case. Resourceleagle.com. (n.d.). People v. smith. Retrieved from http//www.leagle.com/xmlResult.aspx?page=1&xmldoc=1991730437Mich293_1713.xml&docbase=CSLWAR2-1986-2006&SizeDisp=7