People v. Smith (Juvenile Court Case)
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1 Research the case of People v. Smith 470 NW2d 70 and outline the case. Give the facts, issue, and court holding.
2 Case Analysis
Give an overview of expunged records for juveniles, its importance and the reasoning for it being necessary.
3 Executive Decisions
If you were a state senator for your state, how would you change the laws concerning juvenile records and their accessibility?
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Solution Summary
The response provides you a structured explanation of the four issues related to People v. Smith. It also gives you the relevant resources.
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People v. Smith 470 NW2d 70
You should say facts: Smith was charged with breaking and entering a building with intent to commit larceny. He said that he had broken a window of a warehouse in Pontiac entered the building, and removed property without permission. He was sentenced to three and one-half to ten years for breaking and entering. This sentence was vacated when he was sentenced to serve six to thirty years because he was a habitual offender, fourth offense. Smith could have been sentenced to six and two-thirds to ten years for breaking and entering as a first time offender but instead was sentenced to six to thirty years in prison. Smith appealed in the Court of Appeals that he should be resentenced because the presentencing report had references to his juvenile criminal record which had been expunged. The report of presentence investigation had Smith's previous record which had twelve juvenile entries. At the time of sentencing the judge said that the sentence was imposed because Smith's record included seven prior felonies and three misdemeanors and the sentence was appropriate to protect society, to deter others from committing like offenses, and to punish Smith(1). The Court of Appeals ruled that resentencing was required.
Issue: The issue was whether the inclusion of presentence investigation report of the expunged juvenile record requires that he be resentenced?
You should say: Court ...
Education
- BSc , University of Calcutta
- MBA, Eastern Institute for Integrated Learning in Management
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