The Pros And Cons Of Juvenile Law

Ricky Franklin Smith was convicted for the breaking and entering that he plead guilty for. At the time of sentencing, the presentence investigation report contained his juvenile criminal record which was supposed to be automatically expunged. Smith appealed that he should be resentenced due to the presentence investigation report. The argument was to whether or not grant Smith the resentencing. In two previous cases, both arguments were made. In People v. Price ruled that the juvenile record that is automatically expunged, could not be considered at the time of sentencing or used in the presentence investigation report. On the other hand, in People v. Jones, the court ruled that it could be considered at the time of sentencing and used in the presentence investigation report. “The majority concluded that Price presented the better-reasoned approach. They 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. Following the Jones approach effectively subverts MCR 5.913."[7] The dissenting judge said that he believed that Jones represented "the better-reasoned analysis."[8]” (Justia.Law, 2015).

“We conclude that the Jones panel reached the correct result and that Price should no longer be followed. Rules calling for the "expungement" or destruction of juvenile records have been enacted or adopted in many states” (Commernet, 2016). I agree with

People v. Smith. Retrieved on 12/02/2016. http://law.justia.com/cases/michigan/supreme-court/1991/87874-5.html

Commernet, 2. (n.d.). People v. Smith, Michigan Supreme Court, State Courts, COURT CASE. Retrieved December 02, 2016, from http://www.ecases.us/case/mich/c1592356/people-v-smith

Juvenile Justice: A Guide to Theory, Policy, and Practice Eighth Edition (2013), Steven Cox, Jennifer Allen, Robert Hanser and John Conrad, Chapter 1, Sage