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1

You are an adult probation officer in your home county. You have just completed the following presentence report. Based on what you have learned about the defendant, you must now make a sentencing recommendation to Judge I.L. Hangem. You may recommend on of the following:

  1. Defer formal sentencing and place the defendant in a diversion program for six (6) months. If he is drug-free and crime-free at the end of this period, close the case with no further action.
  2. Fine the defendant $500.00.
  3. Place the defendant on probation for one (1) year.
  4. Sentence the defendant to six (6) months in the county jail.

After you make your sentencing recommendation, write a one-page essay explaining why you made this recommendation.

PRESENTENCE REPORT

DEFENDANT: RICKY ROE

OFFENSE: MISDEMEANOR POSSESSION OF MARIJUANA

  1. Legal Record
    1. Present Offense: The defendant is an 18 year old, white, single male who is a senior at Our Town High School. Mr. Roe pleaded guilty to a misdemeanor charge of possession of marijuana. On 4-30-01, he was observed by Officer John Law (the police department school liaison officer) to be in possession of a quantity of marijuana while on school grounds. Mr. Roe states that the marijuana was for his personal use, and that he had no intention of trying to sell to anyone. He was unable to identify the person from whom he purchased the marijuana. He appeared candid during my interview with him, and seems to be worried about the outcome of his case.
    2. Prior Record: The defendant was referred to juvenile court by school officials when he was 14 years old for truancy. He was given a warning by the juvenile court judge and has had a good school attendance record since that time. At age 16, Mr. Roe was taken into custody by city police for minor possession of alcohol. He was released to the custody of his mother.
  2. Family and Personal History: Mr. Roe is an only child. His parents are divorced. He lives with his mother, and his father lives in Colorado. He has lived with his mother at his present address for ten (10) years. His grandparents live in this county and he often spends weekends with them on their farm. The defendant likes to fish and has played organized baseball for the past several summers with a local team. Schoolmates report that he sometimes loses his temper over minor things. A couple of students said that they were afraid that he might become violent at some point, but there is no indication that he has ever bullied, attacked, or threatened anyone. Mr. Roe's mother works two jobs and often does not get home until after 9:00 PM. Her income is around $22,000.00 a year. The defendant works at Food World after school as a stocker/bagger, and usually gets home around 7:00 PM.
  3. Education: The school principal reports that the defendant is an average student who should graduate on time. He played in the marching band in the 10th and 11th grades, but apparently lost interest and dropped out. He has not given the teachers any trouble, and is not involved in any clubs, sports, or other school activities. Mr. Roe says he wants to attend vocational school after graduation to study electronics and computer repair.
  4. Drug and Alcohol Use: The defendant began consuming beer at age 12. He would take a couple of cans of beer from his grandfather's refrigerator on weekends without his grandfather's knowledge. The defendant stated that he started experimenting with marijuana at age 14. According to him, he smokes not more than one joint a day, except sometimes on weekends. Mr. Roe occasionally consumes alcohol, usually while partying with friends on weekends. He says that he gets drunk sometimes, but hates the hangover. He also smokes cigarettes at the rate of about a pack a day. The defendant strongly denies that he has ever used hard drugs, which he says are for "losers".
  5. Summary: Mr. Roe has never been in serious trouble. He is concerned about the potential punishment on the present charge, however, and swears that he has learned his lesson. He accepts responsibility for his behavior. The defendant was honest and straightforward during our meetings, and did not try to shift the blame as young persons often do. Although his home-life is less than ideal, he seems to have a good relationship with his mother, and she seems to genuinely care about his welfare.

Enter your sentencing recommendation and explanation:








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