Respect Writer (replies for 320)

 Gonzalez GuidlinesCOLLAPSE

For Mr. Smith, here we have another case where we hear what he is charged with but with no information on why of how he caused this to himself. “Clean Background” and “Family Man” is the information we are provided for the Case. I did some research between different states in regards to their Guidelines for Probation. The State of Alaska and the State of Washington Outline a few Guidelines where the main concept are similar, just their primary focus differ between a few guidelines:

Guidelines for Probation:

Make effort to obtain employment.

Contact Probation officer within 48 hours of arrest (Washington Court House)

Comply with all laws.

Subject to searches of your person (State of Alaska, Washington Court House)

Do not associate with another person who is on probation unless you have written permission from Probation Officer. (State of Alaska)

I also did alot of “digging” to find how here In Illinois we punish offenders for Public Intoxication. This is what i was able to find in a suburb of Chicago known as St. Charles IL. What is interesting here in Illinois there is Public Intoxication is not a crime, and only certain counties enforce that violation with citations:

9.20.020 Intoxication in public place prohibited.
It is unlawful for any person to be in an intoxicated condition on or in any street, alley or other public 
place in the city. 
Any person violating this section shall be fined fifty dollars ($50.00) for the first offense and one 
hundred dollars ($100.00) for each subsequent offense. 
(Ord. 2008-M-47 § 1; Prior code § 28.003.) 

In my Last Post for the class, I was more towards Restorative Justice for the individuals who committed criminal acts. For Mr. Smith I will bring down the “hammer.” Based on the 5 Guidelines I want to show Mr. Smith we are not playing around with him. The violations of the law are serious and as we are trying to enforce to him that he has 3 Years to show the courts that he can follow the guidelines we set forth for him. With him violating the law, I know we will receive some sort of resistance initially when conducting random searches to Mr. Smith.

Finally, I want him to continue living his life. Society is going to view Mr. Smith either as a normal person or abnormal person, based on the crimes he committed.  His behavior can be viewed in three ways: positive behavior, negative behavior, destructive behavior is viewed very differently from many members of our society. Dictionary.com defines normal as “conforming to the standard or the common type.” Abnormal is defined as “average, deviating from a standard.” Although it might sound bad when we say outloud that his behavior is abnormal, we are just pointing out that he is just not following the standard and because of that, his actions will be viewed as abnormal.

 Johnson Case Study 2 – General and Specific Guidelines of ProbationCOLLAPSE

First, I would order Mr. Smith to stay away from the property that he illegally trespassed on or places that he has had past incidents at the certain locations. Next, I would take into account that he has not had any past criminal encounters so he has a clean record also that he is a family man and lastly that he has lived and worked in the same area that he had grown up in so that means that he has no problem living in society without causing any problems. However, I would still have to follow the guidelines of probation. I would order him to report to a probation officer weekly effective immediately. Upon release, Mr. Smith will have mandatory weekly drug tests for the first 6 months. After the first 6 months are up it will change to bi-weekly along with random house visits where he will be drug test as well. Lastly, Mr. Smith will have to attend AA meetings at least once a week to help with his alcohol abuse. This way I will follow the guidelines which states, “  for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant’s presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant.“  Lastly, since the charge of vandalism has been dismissed I will not order him to repay restitution, but I still feel that Mr. Smith needs to learn a lesson from this and know that his causes have effects he will have to do a total of 8 hours community service within the span of 2 months on the weekends at the place he vandalized.