Pre-Sentence Analysis in Criminal Law - Case Study Example

Pre sentence Report Name Institution Date Pre Sentence Report Introduction This is a legalized terminology that features the perception of investigating into the history of a crime convict before such a person is sentenced. According to, (Clear, Reisig, and Cole, 2015), the basic factor for making such a report is to analyze and find out if the convict will be justly and fairly charged in the sentence anticipated to be given. It somehow a disadvantage because the report is not legally binding before the court and the judge can rely on his or her own understanding in order to come up with the sentence. However, in the lower court a slight preference is given to the report by the judges. The accused can make some changes in the report before the report through the officer before admission (Clear, Reisig, and Cole, 2015), states. PRESENTENCE REPORT NAME: EMMA CLARKE DATE OF BIRTH: 22-SEPTEMBER-1992 AGE: 22 YEARS CURRENT WHEREABOUTS: RELEASED ON BAIL PRESENT OFFENCES: FIRST COUNT ON STEALING SECOND COUNT ON POSSESSING PROHIBITED DRUGS (METHELAMPHETAMINE) THIRD COUNT ON ASSAULT On the 24th of February 2014 at the Perth Magistrates Court Emma Clarke case was presented before the court. She was brought forward for the charge in staling, assault and possession of prohibited drugs (Methelamphetamine) to which she pleaded guilty. The Perth Magistrate Court deemed it appropriate to refer the case to the Adult Community Correction Service for further redress. Upon a petition by K-MART the magistrate court has ordered restitution. On records the ordered presentence report and the client’s financial status are available for the courts assessment. Emma Clarke’s defense towards the first count of offence was presented in the presentence report. She stated that she has two issues at hand Bailey and Tahlia and with no help from Dave their father (Emma’s partner). Therefore, she is left alone in support of all their basic needs together with his younger brother Shane who stays with her in support. She claims that she has no reliable job since she was retrenched from her previous employment, which adds up to her being a struggling single parent. She states that her baby needed nappies and food and she did not have any other means of providing for her. However, she states that on that incidental day, the little many that she had in her pocket was specifically supposed to cater for her own personal needs and luxuries. Therefore, she set it apart and intended to use it for the night out with her friends. She further says that she always uses the little money that she gets for babies needs and is always left out with no money to spend for herself. On the second count of drug possession she further stated that she uses drugs from time to time mostly when in the company of her friends. Whenever they hang out together in weekends they smoke pot and drink. In addition she says the she has been using methelamphetamine when she feels like, however, she does it alone after being introduced to it by someone. On the same count she states that she has been using the drug more oftenly of late on a count of every second day. On her third count she was accused of assault. Dave usually makes technical appearances to the family he is thereby, more of an irresponsible father. According to Shane, Dave doesn’t like the smell of babies and the baby cries irritate him so he moved out when Bailey was born, Dave came back when Tahlia was conceived and disappeared again to date. Shane defends her sister and states that through all the hassles she still copes well with the struggles. During the interview Emma Clarke was noticed to be very aggressive a defensive especially when she was asked on the whereabouts of her children and who looks after them when she is on drugs. She stated that she has been a good parent, that she keeps the house cleans and gives food to her children. In addition, when she is not around she stated that Shane or her neighbor two houses down, looks after them. Sane states that Emma relationship with their mother was good until their father passed on. This was because Emma was not comfortable with her mother being married again especially almost immediately after the death of his father. Shane reports that although their mother tried to maintain the relationship with her daughter it faded away, because Emma was not flexible to cope with. Emma was close to his dad and clingy to her mother. Shane report of Emma’s good conduct as that of a normal child in her childhood which she loves her children even though she sometimes complains about them. He further stated that she used to do well in her hairdressing job and at least her grooming was on point. Moreover, Emma states that she loves the hairdressing job and prefers it. Shane states further that, Emma’s friends are always on the move and they love clubbing, so they got bores of her preoccupied motherhood lifestyle. Only a few of the old friends still keep in touch. Shane suggested a contributory solution to Emma’s problem that he is planning to get a job to help out in paying the bills although he is worried about Bailey and Tahlia. Moreover he is also concerned about Emma’s drug condition since she is sometimes down, shaky and can go for some days without eating. Emma’s little sister Jessica and a younger brother Jason are also brought to light, even when she does not have a strong bond with them she does not dismiss them from her life. In the interview with Karen (Emma’s aunty), she stated that was the closest person to Emma after his father’s death en more when they were news flashed with the Samantha’s (Emma’s mother) being repaterned with another person almost immediately after Phillip’s death (Emma’s father). Karen reports that there was a quarrels and struggles between her and Samantha, especially when Samantha believed that Emma was being turned against her and her partner by Karen. In addition Karen continued to support Emma and reported her to her mother when she found out about her drug habits. In all this family mess up and confusion between Samantha, Karen, and Emma, Emma hooked up with Dave even after being warned by Karen. Eventually she was abandoned by Dave after he got her pregnant. In addition, she states her concern about Emma’s drug abuse and parenthood, Bailey and Tahlia upbringing and Shane being given fathering responsibilities yet he is still young. Court history The Perth Magistrate Court has jurisdiction to hear and determine this case, as a Magistrate Court. However, it has powers to refer the case to court of lower hierarchy if it deems fit. In this regard the court deemed it fit to refer the case to the Adult Community Correction Service for further redress. This is a form of court that deals with minor cases that need community based attention and support to address. Previous response to supervision Emma was very close to his father and clingy to her mother. She was termed as a good active girl who always played along with his friends well. Shane stared living with Emma. At school she was after attaining the age of 10 years her performance at school stated to decline. She was determined to go to school and would always get upset is she was not allowed to go even when she was unwell. After her father’s death she was recommended for school guidance counseling program. Instead of opening up she became angry, defensive, mistrusting and with a negative attitude. Family background In the interviews both Shane Clarke and Emma Clarke state that when their parents were still together when their father still alive and then life was stable and fun. They lived in Perth in a normal family set up and they were all together living happily. They were a family of four issues namely; Emma, Shane, Jessica, Jason and their two parent Samantha and Phillip. Their father passed due to a heart coronary failure condition. Not long after the death of Phillip, Samantha repaterned with another man. After a period of time when Phillip died, Shane and Emma moved in together while Jessica and Jason stayed with their mother. Phillip and Samantha occasionally had violence fights in the family due to factors like Samantha drinking habits. Marital situation Emma Clarke moved in with Dave at the age of 17 years. At 18 years she gave birth to first child. Later own at she gave birth to her second child. Immediately after conceiving the second child Dave abandoned her to date. She is now at the age of 22 years and a single parent with two issues namely Bailey and Tahlia respectively. Education and employment She was a bright student up to the age of 10, and then her grades declined. She managed to clear her 12th grade. At 19 years she did her hairdressing apprenticeship she could not handle both hairdressing and having a child so she dropped out to take care of her child. At 21 years she worked at Woolworth stores as causality for about 8 months although she was later retrenched from work and has since then she has been jobless. Financial status Emma’s financial status is critical because she source of earning to cater for her responsibilities, she is currently financially unstable. Substance use A clear assumption was made by Samantha that after Phillips death Emma started using drugs. However, Karen claims that when the Phillip passed on Emma used to stay with her when Samantha permitted her to visit. During that time she once spotted her standing outside smoking drugs at night. As at now she is an addict of (methelaphatelamine) using it in a span of every one day after and she also drinks often, almost every weekend. She shakes a lot due to the drug effects. Recommendations for the courts course of action I recommend the court to put Emma under a community based sentence in relation to the rehabilitation punishment theory. This will help Emma putting her in a rehabilitation center will help her overcome her drug addiction. She can also be sentenced to community service and other community based groups programs that will impact her with more skill apart from hairdressing. On her children Dave should be contacted to be to b given a legal court order in reference to fatherly responsibility which he tends to avoid. However, if worse come to worse the children can be taken to a home care before clear court directions are given. In regards to Shane he should also be taken to rehab before he becomes a true addict. Although the officer views are rarely considered they can still be a clear guideline to making a judgment. Reference Clear,T., Reisig, M., and Cole,., G (2015). American Corrections, Boston, Cengage Learning. ISBN 130554465X, 9781305544659 Read More