protection and the protection of the other clients and co-workers. Expungement, the “procedure for erasing or setting aside convictions of offenders” (Franklin, Johnson 740) although existing for some time, was not largely present – especially in adult convictions – until the late 1950s. The 1956 National Conference on Parole in Washington D.C. is credited with the idea of expungement of adult criminal records. “In practice today expungement procedures vary but general conviction and related criminal records
be an embarrassment and may limit options in a career, employment or education. Many state laws give persons with arrest and conviction records a remedy – they may be removed or "expunged" if certain legal requirements are met. State Expungement Laws "Expungement" generally means the removal and isolation, and sometimes destruction, of records concerning a person's arrest, detention, investigation, trial or other disposition relating to certain criminal offenses. However, the laws and procedures
Smith (1991), the legal conundru... ... middle of paper ... ...e records. In the People v. Smith (1991), the ruling prohibited the automatic expunction of any life offense, criminal traffic violation or adjudicated reportable offenses. The expungement of a record would not inherently make any case data go away. Therefore, a paper trail of previously related charges could be found and provided as evidence in Circuit Court proceedings. Although there will continue to be an issue revolving around
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
offender, fourth offense. His contention is that he should have been resentenced because the presentence investigation report contained an expunged juvenile record; he based his argument on Michigan Court Rules (MCR) MCR 5.913, now MCR 5.925(E) Expungement of Records, and believed that it could not be used and prejudiced the court. His case made it to the Michigan Supreme Court which reversed the Court of Appeals decision, which was based on an earlier decision, People v. Price (1988), which ruled
million U.S. citizens have a criminal records, in which are getting easier and easier to access. Even with the expungement of criminal records, which are completely erased from the system, documents and articles still wander the Internet, making the information accessible to the public. Over thirty states allow different forms of expungement of criminal records, but even with the expungement, the articles still appear online because of Google searches. This creates many issues for past criminals in
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process
child. Kevin’s family and support network could be something to tap into as a possible intervention. Moreover, it appears that Kevin’s felony triggered a lot of these concerning behaviors in Kevin and as a Social Worker I would want to explore the expungement process. Diagnosis Kevin could benefit from a DSM-V diagnosis to better tailor his treatment plan. Personally, I do not have the proper training or expertise to definitively diagnosis him. However, given the case description I can concur that
It is important to understand what it is as well as understanding crime when studying criminology. In the field of criminology, it is important to determine if criminal acts are rationally thought out before being committed, if society plays a role in crime, and what drives an individual to live a life of crime. Over the years many individuals have developed theories as to why crimes are committed. Before you can understand criminology and its purpose, you must have a clear understanding of crime
1) When determining the proper punishment for an offender, a judge must take circumstances into consideration. When considering such circumstances, the judge must make the decision whether they affect the situation negatively, positively, or not at all. There are two different types of factors when evaluating the conditions of a crime: aggravating factors and mitigating factors. Aggravating factors can be described as conditions that increase the severity of the offender's sentencing. An example
In “Chapter 24” of Things Fall Apart, Chinua Achebe adopts a spiteful and grevious tone, and utilizes diction, symbolism, and figurative language to capture the pinnacle of the extirpation of the Igbo tribe. Achebe uses intense diction throughout the chapter when construing Okonkwo’s feelings about his fellow clansmen and the Europeans. Since his tone is meant to provoke emotion, he laces his sentences with temerit words like “vengeance,” (Achebe 199) and “tumult,” (Achebe 203). The use of his diction
serving time in jail for non-violent crimes. When these prisoners are released, they struggle and fight for jobs. However, most of them lose this battle and end up right back where they started in prison. Messrs and Paul Booker introduced the Record Expungement Designed to Enhance Employment Act to law on July 8th. This act is mostly known as “The Redeem
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court
When discussing juvenile offenders, there seems to be a distinct divide between how they should be treated. Some believe such young citizens should be treated with leniency in court while others completely disagree. This raises the question, “Should minors be treated with more leniency than their adult counterparts due to their youth?” Despite that the judicial system has flaws, treating juvenile offenders as adults in a court of law proves to be disadvantageous. To start off, it is important to
According to Hill Harper,“Once you have a felony conviction on your record, one of the most difficult things to do is to break the cycle of recidivism”(Hill Harper, 1966). Once you’re claimed to be a criminal the likelihood of you continuing your past behavior skyrockets. As a child, I believedI grew up believing that we all make mistakes and that the only way forward is to learn from them. To push yourself through the whatever wall that you have’ve created is the same as building your future block
Plato and Aristotle Plato and Aristotle have two distinct views on wellness. However, each man’s opinion on wellness is directly tied in to his respective opinions on the idea of imitation as a form of knowledge. Their appreciation or lack thereof for tragedy is in fact directly correlated to their own perspective on wellness and emotion. Firstly, it is important to consider each man’s view of wellness—that is how does each man go about addressing emotional stability. One important consideration
The COmbined DNA Index System (CODIS) is a computer software program that is operated and maintained by the Federal Bureau of Investigations, which allows law enforcement agencies to search and exchange DNA information. It was originally created in 1990 as a pilot software project that would allow 14 State and Local laboratories to communicate and share biological evidence data to aid in criminal case closure. Following the DNA Identification Act of 1994, the FBI established the National DNA Index
Drug Courts vs. Incarceration Maybe Locking Up Drug Addicts Isn’t the Answer Within our society, there is a gleaming stigma against the drug addicted. We have been taught to believe that if someone uses drugs and commits a crime they should be locked away and shunned for their lifetime. Their past continues to haunt them, even if they have changed their old addictive ways. Everyone deserves a second chance at life, so why do we outcast someone who struggles with this horrible disease? Drug addiction
Privacy Concerns Most studies have shown that popular opinion holds that without a doubt national DNA databases have proved useful in criminal investigations (Wallace, 2006, pS27). The concept of a national DNA database has raised concern about privacy and human rights as seen through the scope of public safety. All of these concerns are elevated with databases include convicted, arrestee, innocent, and “rehabilitated” offenders (Suter, 2010, p339). Robin Williams of University of Duham (2006) asserts
Advances in Science and Genetic Research have significantly impacted the criminal justice system. With the development of programs aimed at utilizing biological or genetic samples collected from potential suspects of a crime, investigators are able to compare the samples against samples collected from the crime scene. One of the most widely-known programs, the Combined Deoxyribonucleic Acid Index System (CODIS), was developed as a law enforcement resource to compare new samples of Deoxyribonucleic