Emma Clarkes First Charge - Case Study Example

Pre-Sentence Court Report Student’s Name Institution Affiliation DEPARTMENT OF CORRECTIVE SERVICES COURT REPORT STRICTLY CONFIDENTIAL ________________________________________ NAME: Emma Clarke D.o.B: 29th September 1992 AGE: 22 ADDRESS: 55 Sunview Rise, Merriwa. PRESENT OFFENCES 24th February 2014 Perth Magistrate’s Court 1 count of stealing, 1 count of possessing a prohibited drug (methamphetamine) and 1 count of assault Emma Clarke’s first charge involved theft. The facility’s security personnel found her stealing nappies and food from K-Mart shopping center. These were among her children’s required supplies. Her hapless financial situation informs her decision to steal. Her second charge concerns possession of illegal drugs. After being arrested, the police came across a small amount of methamphetamine which is prohibited in Australia. The third and final charge involves assault. She physically and verbally assaulted K-Mart’s security guards who were trying to restrain her after catching her in the act of stealing. COURT HISTORY Emma Clarke has previously committed only one offense that resulted in her appearance in a court of law. This occurred four years ago when she contravened the Cannabis law. As a result she was issued with a Cannabis Infringement Notice and asked to pay a fine which she settled as required. This is as evidenced by the Fines Enforcement Registry records wherein there is no indication of any outstanding fines. However, the fact that she was in possession of methamphetamine which is considered illegal in Australia, is a clear indication that the fine that was imposed on her as a penalty for her illegal use of cannabis did not act as an ideal deterrence to her use of illegal drugs. RESPONSE TO PREVIOUS SUPERVISION Emma has no outstanding fines as evident from the Fines Enforcement Registry records. It therefore deems fit to contend that she has not demonstrated any problems when it comes to complying with court orders and direction. Nonetheless, there is a reservation to such an argument since we are considering only one instance of a court order. Furthermore, Emmawas issued with a cannabis infringement notice and required to pay a fine. The fact her current case includes a charge on possession of drugs, there is an implication that it was not effective in deterring her from future use of drugs. Hence, there is a contention that she is not a law abiding individual. FAMILY BACKGROUND Emma Clarke’s family background has a significant role in her current situation that is characterized by heavy use of drugs, alcohol and other illegal substances. Mr. Philip,Emma’s farther, passed on when she was 15 years old. It is clear from the interview conducted with her and those close to her, that her relationship with her parents was very close before his father died of coronary heart failure. However, her close relationship with her mother completely changed when Mrs. Samantha chose to get a new partner within a year after the death of her husband, to the dismay of both Emma and her younger brother whom she is staying with. Samantha’s decision to seek a new partner dampened her relationship and attachment with her children. This is a risk factor that can explain Emma’s drug use behaviour that led her to commit the crimes for which she has been charged. Moreover, there is information that Mrs. Samantha regularly drank alcohol, a habit which might have contributed to Emma’s consequent addiction to drugs and alcohol abuse. Emma’s mother assert that there were situations when her husband was physically abusive of her. This might explain why she opted to enter into a new relationship within a year of her husband’s demise. All point to the conclusion that Emma was exposed to poor upbringing, a factor that exacerbates the risk factors for her drug addiction problems. Emma has two children Bailey and Tahlia, aged three years and eight months respectively. Both children were conceived with one partner who has seemingly decided to vanish into oblivion, abandoning his parental responsibilities. This has meant that Emma has had to endure the burden of bringing up her two children as a single parent with some financial support from the single parent support program. Her drug use is seemingly compromising her parenting capabilities. Consequently, there may be a need to consider involvement of the Department of Child Protection (DCP) in an effort to ensure the wellbeing of children is assured. Emma’s Aunt, Karen Peatree, is the only close relative with whom she has had a good relationship with, other than her brother, Shane, since the death of her father. Karen supported Emma during the time of the fallout with her mother as a result of her hasty re-partnering. She welcomed Emma into her home but has avoided them since discovering that Emma was on drugs.This was necessary to prevent Emma from influencing her young children into using drugs. However, this has meant that she has no family member whom she can seek help from in time of need. It is thus clear that Emma did not get proper upbringing and adequate emotional and psychological support after their father’s demise. It is undeniable that losing a loved one brings with it a lot of distress and misery, particularly when such loss involves the loss of a parent at a tender age. The court should consider recommending her to a family support group where she can get assistance with coping with various life issues. Had she received such support earlier on in her life, particularly after the death of her father, she would have not undergone the psychological trauma that led to her drug use and consequent addiction. MARITAL SITUATION Emma’s marital situation might also be a contributing factor to her current drug abuse. She moved in with Dave at the tender age of 17. From the details provided, their short-lived relationship was mostly unstable. She conceived two kids with Dave, Bailey who is 3 years old and Tahlia who is eight months old. Apparently, Emma’s partner Dave moved out when Bailey was born but then moved back in shortly when again Emma became pregnant with Tahlia. His decision to abandon his family was unbecoming although Emma tolerated it because of her desire for someone to cling onto during her difficult moments after the death of her father and hasty re-partnering by her mother. As a result of Dave’s absence, Emma had to endure all the burden of raising the kids as a single parent. His decision to abandon Emma may also be attributed to her psychological trauma.Furthermore, there were reports that she was defensive about her relationship with Dave when she was aware that he was a renowned drug user and peddler. Her traumatizing marital experience might have placed her at a higher risk of getting involved in the use of drugs. Consequently, it may be necessary to refer her to a psychiatric specialist for checkups and assistance. EDUCATION AND EMPLOYMENT Emma has attained a 12th grade education level which places her in a better position to seek basic employment opportunities. Emma’s earlier schooling was promising with indications that she would not want to miss school even when she was unwell. Her performance was above average until year 10 after the death of her father when she started demonstrating disciplinary problems. Since then, she seemed less interested in education having clearly indicated that she had an impaired relationship with her teachers.Although she received guidance and counseling services in an effort to correct her situation, no desirable outcomes were achieved. Her seemingly low education qualification might be the reason why she is welcoming to Dave’s unbecoming behaviour. Moreover, it has contributed to her inability to secure a well-paying job that can enable her provide adequate financial support to her family. Nonetheless, she has demonstrated her willingness to explore an apprenticeship in hairdressing that can enable her get an alternative source of income. As a result, the court should consider offering any form of support towards ensuring that she joins her coveted field of practice. FINANCIAL SITUATION Emma’s financial situation is another factor responsible for her drug use and theft. She is currently unemployed having been terminated from her previous job for being incompetent. Presently, her only source of income is the little money she receives from the single parent support program. The other financial support she gets comes from her younger brother’s temporary income. The brother from time to time works as a casual labourer, depending on the availability of work. Notwithstanding his current employment situation, he is working towards securing a license which will enable him provide more financial support. Emma’s financial situation implies that if the court decides to fine her for her offences as it happened four years ago, she may not be able to pay up the fine. Even if she is able to pay her fine, this may expose her to further financial difficulties and undermine her efforts at providing for her children. As such, the court should consider an alternative community based sentence that will not exacerbate her current financial situation. This will be in the best interests of her children. SUBSTANCE USE Emma has a history of substance abuse that dates back to four years ago when she was issued with a Cannabis Infringement Notice and subsequently fined for the same. During her arrest, she was found in possession of methamphetamine which is an illegal drug for which charges have been placed. Furthermore, she has also confessed to using pot and drinking alcohol with her friends. Her drug use and alcohol consumption has reached addiction levels which is not good for the well-being of her children. For instance, she professes to have been using drugs on every second day. Furthermore, her brother Shane who happens to be her baby sitter when she is not around or when high on drugs is also a regular pot smoker. It is clear that Emma’s drug addiction was responsible for her violent behaviour and decision to steal suppliers for her kids. Her desire to use the money she had on her on drugs and alcohol over the weekend is what made her steal. Her drug dependence is purely responsible for her offending behaviour. Thus the court should consider sending her to a drug rehabilitation center where she will undergo counseling and treatment to reduce or eliminate her dependence on drugs and minimize any possibility of committing a criminal offence hence making the community a safer place. SUMMARY AND RECOMMENDATIONS Different environmental and individual factors normally contribute to instances of drug abuse and related detrimental outcomes among individuals. Emma’s current charges seem to be a reflection of the causal relationship between drug use and outcomes such as crime and mental health problems. First, it is clear that Emma’s drug addiction was responsible for her violent behaviour and decision to steal suppliers for her kids. Secondly, her family background is significant in her current situation that is characterized by heavy use of drugs, alcohol and other illegal substances.Thirdly, her financial and marital situations are another factor responsible for her drug use and theft. Consequently, there is a need for the court to consider that the intended community-based sentence is based upon the above assessed risks and needs of the client. The chosen community-based sentence should be both responsive and effective in addressing her current situation and needs so as to avoid any possibility of recidivism. This is based on the proposals of Andrews and Bonta regards the psychology of criminal conduct. My assessment of the client makes me recommend that the court should consider an intensive drug rehabilitation order for her drug addiction problem. Furthermore, an intensive corrections order may be preferred for her violence and theft charges. This is based on the desire to prevent the total breakdown of her young children. Sending her to a rehabilitation and corrective program will ensure that she does not neglect her children in the near future. Moreover, she will access guidance and counseling services that will make her more responsive to her children’s needs. ________________________________________ Your Name COMMUNITY CORRECTIONS OFFICER COMMUNITY JUSTICE SERVICES Date Read More