you are a judge considering two cases for probation. One is a person charged with possession of drugs, but this defendant is 50 years old and has been arrested for shoplifting things like cigarettes and alcohol 28 times in the past. The second one is an 18-year-old boy in high school who gets into a fistfight with another boy, where the second boy fell backwards and received a concussion. This (battery) is listed as an aggravated assault (a violent felony). 

How would you deal with each of these defendants and why? 

As you think about this, please consider that it might be more important to look at the totality of the circumstances as opposed to simply the severity of the offense. Stealing to feed a family; statutory rape can also mean consensual sex of a 17-year-old girlfriend by her 18-year-old boyfriend. 

Is prison always the answer for more serious crimes? 

Might it be that WHY a person commits a crime or the circumstances surrounding their offense might be just as important as WHAT crime they committed? Thoughts?