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Article
02/10/2021
320 What are your thoughts on the below post? Do you agree/disagree? Why?
Probation should work well for Smith and correct his issues. Klingele (2013) states, “Probation is conditioned on a convicted person’s compliance with rules, such as reporting regularly to a probation officer, attending work, classes, or treatment programs; avoiding new criminal conduct; and complying with other restrictions designed to promote rehabilitation and contain risk.” Smith will be allowed to leave his home in order to go to and from his job. Probation (2010) states, “The Act prohibits a defendant from committing another federal, state, or local crime or from unlawfully possessing a controlled substance while on probation.” Based on the information given, this should not be a problem for Charles Smith. Regarding the trespassing and vandalism, if Smith is caught doing either of these things again, probation should be extended another year. The goal is to have him stop using controlled substances and to learn to make restitution for his mistakes. Smith will have to successfully complete a substance abuse program and pass a drug test once a month. Probation (2010) says, “If probation results from a felony conviction, the court must also require that the probationer (1) pay a fine, (2) make restitution to a victim of the offense, or (3) perform community service work.” Even though Smith was not convicted of a felony, some of these acts could be applicable. While we don’t know what kind of vandalism Smith committed, I would issue him to clean or fix whatever he damaged (if possible). Smith will have to pay for whatever he needs to fix the damage. If it is not fixable, he will pay the owner a $400 fine. This covers both paying a fine and making restitution because these can often be the same thing. Additionally, I would assign him a certain number of community service hours to complete. I think around 150 hours would be fair. I have confidence that after completing probation, Smith will be able to live the rest of his life as a successful, law-abiding citizen.
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