Essays --

The lot of the State of Michigan v. Ricky F. metalworker is a motor inn case where Mr. Smiths juvenile record came into consideration during sentencing as an adult. Ricky F. Smith had an capacious criminal background as a minor. accord to 437 Mich. 293, 470 N.W. 2d 70, defendant Ricky Smith had twelve criminal entries on his juvenile record. The twelve entries include seven prior felonies, triple misdemeanors and two memorandums of razes. As an adult, Ricky Smith was arrested for breakage and entering with the intent to commit larceny 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 state that the clip was imposed because Smiths record included seven prior felonies and three misdemeanors, and he quite a littleed the sentence as appropriate to punish Smith, to protect society, and to monish others from committing like offenses. As a result Smith was s entenced under a habitual offender statute that required a mandatory sise 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 moved further with the habitual offender charge which carried a heavier sentence. Mr. Smiths counsel appealed the lower courts decision to the Michigan lawcourt 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 reference to his juvenile criminal record. According to Smith, this juvenile record should have been automatically ex... ...by counsel or waived representation. This building would permit the probate court to maintain its own housekeeping establishment without imposing a secondary source rule on probation officers and attempt Jud ges (leagle.com, n.d.). The court also recognized a modern view of sentencing and showed that a particular sentence is to balance of societys lease 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 effort 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. preferenceleagle.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