Ricky Smith's Expungement Essay

The purpose of the law that expunge a juvenile offender’s record of teenage delinquency when he or she reaches a certain age is to allow young offenders who have been found guilty of their mistakes when they were a youth to enter adulthood without the negative unfair beliefs that a society or people have. Most people have negative opinions when they hear about someone past that has an impression or a mark of disgrace relating to a criminal record. In the case of the people verse Smith, the defendant Ricky Franklin Smith was convicted from the admission of his guilty plea of breaking and entering and for being a person who previously were convicted of a repeat or the same type illegal act. Smith’s argument is that he should be issued a new
An accused who chooses to testify can be crossed examined on prior convictions to call into question his or her dispute of the truth. This is true of both adult and youth convictions in spite of protections surrounding youth records and the perception that such records are sealed. In essence, a matter of sentencing should be adapted to suit a need or purpose so that it fits the specific circumstance of the case and the offender. Whereas in some cases the juvenile court history is needed to set a suitable and correct individualized sentencing that fits the character and circumstance of the case and offender. The court history on file makes previously unknown information known to others. It will reveal the defendant’s pattern of breaking the law and the reaction of the accused to prior punishments and rehabilitation efforts. When it comes down to sentencing juveniles, knowing about societal and family lifestyles and things that are hidden are also an important part in the cause of the problem and should take precedence prior to judgment in order for the court systems to make informed sentencing decisions if the offender is not of legal
“Young offenders cause much damage, no one will quarrel with the humanitarian motives that support contemporary expungement schemes, but the unfortunate truth is that the policies have often failed to keep pace with realty” (Funk & Polsby, 1998). The justice systems appeared to be less inflicting of the intended punishment for Smith’s offense of breaking and entering along with the other crimes he committed. The punishment implemented designed more of a sentence that would correct or counteract the sentencing of the adult system which is the idea of establishing protective measures to keeping sensitive juvenile delinquency proceedings and records private. Legal barriers exist to deal with difficult situations and restrict the sharing of facts provided or learned about juvenile offenders between and among agencies such as law enforcement files that are permissible in a court of law under certain circumstances. The court and agencies must comply with federal and state statues as well as local ordinances, court orders and legal opinions. The juvenile Expungement record is affected in this case because the focus is on rehabilitation for Smith along with having the offender avoid long term negative repercussions. Judgement was not allowed to be used for the offenses committed by Smith when he