Provide an example (in the form of a scenario) of individualized justice in which the victim is the community.
Provide an example (in the form of a scenario) of individualized justice in which the victim is an individual.
For each example, provide an appropriate sanction. Justify your answer.
Your instructor will provide you with the defendant scenario in preparation for the Key Assignment. What state probation program will you apply to this scenario?
The following is the scenario:
Name: John E. Orchids
DOB: December 1, 1995
First misdemeanor at age of 12 for public nuisance
Second misdemeanor for truancy
NOTE: Juvenile records are protected by the court and detailed information is not available.
Probation/Parole History: None
Official version of the offense: Orchids was detained for loitering. When he was searched, the officer found in his possession 1/6 of 1 ounce of a substance identified as marijuana. Possession of any unauthorized drug is a felony offense.
Plea bargain: Council for the defendant is proposing a presentence intervention program (PSIP) of which the arraignment and hearing be transferred to a drug court.
Custody status: Defendant has been released to the custody of the parents with an enforced curfew.
Gang affiliation: The defendant has no known gang affiliations or organized crime participation. However, he has been counseled for carrying a concealed weapon on one occasion.
Background and ties to the community: It has been reported that the defendant has been a regular attendee at the local church and participated in several church-sponsored programs to improve the community. He was also an active member of a scouts program through age 16.
Substance abuse history: This is the first incident offense where an illegal substance was identified. It is pending further interviews with the defendant to determine if there is or is not a substance abuse history.
Physical health: The defendant is a healthy Caucasian male with no visible scars or tattoos. There are no visible or obvious physical defects noted.
Mental health: The defendant related that he comes from a loving and supportive family background with a normal childhood and no traumatic incidents he can recall. The defendant has expressed remorse for the problems he has caused his mother in the past and the expense of hiring an attorney.
Financial circumstances: The defendant resides with parents and has no visible means of self-support.
Employment history: The defendant has stated he has had summer employment and was allowed to keep what he had earned. He also had received money from relatives and family on his birthday and special occasions but was not allowed to work while attending school.
Education history: The defendant is a senior and projected to graduate, pending the outcome of this case, in May 2014. The defendant has planned to attend college in the fall of 2014.
Victim impact statement: There are no known victims or property loss associated with this indictment.
Military record: The defendant has participated in Reserved Officer Training Corp (ROTC) beginning in his freshman year of high school. The defendant had joined, with the permission of his parents, the State National Guard, attended basic training in the summer between his junior and senior year, and plans to continue his enlistment as a means to pay for college.