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Pre-sentence investigation reports are a controversial element among criminal justice professionals. Theoretically, they enable the court to make better-educated decisions about sentencing by providing a comprehensive overview of a defendant's history. "The pre-sentencing report prepared by the pre-sentencing probation officer is a summary of relevant information on the defendant's life put together for the purpose of arriving at an appropriate sentencing recommendation. The defendant's criminal history, mitigating circumstances in the defendant's life, the effect of the crime on the victim, and other information are compiled by the probation officer" (De Santis, 2010). Obviously, the goal of the pre-sentence investigation report is to ensure that the totality of a defendant's circumstances are considered. However, many defense attorneys and defendants believe that pre-sentence reports admit the possibility of tremendous bias for the defendant. First, they can contain errors, and, if there are errors present, it can be difficult to have them adjusted. Second, they may be prepared in a way that appears biased towards a defendant. However, pre-sentence reports can...
They can also help the judge understand if he is dealing with a particularly dangerous criminal or a recidivist, which might suggest harsher treatment than a first offender.
One of the strengths of the pre-sentence investigation report is that it can provide victims with an opportunity to give input about sentencing. Much is made of the concept of the victim-impact statement, but the reality is that such statements are frequently futile as judges have already made the sentencing decision prior to the sentencing hearing, which is when victims are given the opportunity to make victim impact statements. However, victims can talk to the probation officer who is compiling a pre-sentence report prior to sentencing so that the impact on the victim is considered in that report.
Another strength of the pre-sentence investigation report is that defendants meet with the probation officers compiling the reports while they are being created, so they do have an opportunity to help shape how the report portrays them. The defendant has the opportunity…
References
De Santis, M. (2010). Part II: First line criminal justice advocacy: H. Victim impact statements and pre-sentencing probation reports. Retrieved March 17, 2012 from Women's Justice Center website: http://justicewomen.com/handbook/part2_h.html
Frantz, M. (2009, June 16). Pre-sentence investigation report (PSI) -- Examples of what's in it!
Retrieved March 27, 2012 from Free Press Release website:
release.com/news/200906/1245160134.html" http://www.free-press-
Retrieved March 17, 2012 from Prison Talk website: http://www.prisontalk.com/forums/showthread.php?t=271
Pre-Sentence Investigation ONONDAGA COUNTY PROBATION DEPARTMENT PRESENTENCE REPORT Court: Onondaga County Case No.: 11-4949 Indictment#: 11-1-20 Judge: Fred Friendly AKA/Maiden: N/A DR#: N/A Prosecutor: James Joyce Age/DOB: 10/01/81 Court Cont.#: N/A Main St. NYSID#: 937532 Legal Counsel: Tim Tom Tully, NY 13159 FBI#: 328-488-94 Phone [HIDDEN] Offense Date: 11/11/11 Arrest Date: 11/12/11 Conviction Date: 12/11/11 Original Charges: Stalking 2nd Final Conviction: Stalking 4th Charge Code: 120.45 NYS Penal Law A Class B Misdemeanor Codefendant/Correspondent: N/A Restitution: N. Relationship to Victim: Acquaint. Victim Impact: Sent:
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Criminal Trials and Sentencing Pre-Trial Process Post Arrest In a 2010 report, it is stated that Courtney Elizabeth Hernandez, of Killeen, Texas, was charged with the kidnapping of a 2-1/2-year-old girl. The Defendant was given permission by the mother of the child, who was stationed at Fort Hood as a soldier in the United States Army, to take the child camping. The child's mother contacted the defendant on the 5th of July 2010
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depart only upon motion from the government stating that a defendant has provided substantial assistance in the investigation or prosecution of another person. All guideline drug sentences are indirectly affected by the mandatory minimums.
Careful attention must be applied to assure that the monies are being delegated to the right fund and that all probationers are reporting in a timely manner. IV. Advantages/Disadvantages of Administration at State & County Level There are advantages and disadvantages of administration of Probation on the County as well as on the State level known to exist. Resources and funding is more often than not very limited in County and
In addition, victims may make a written victim impact statement and present their statement to the court. Corrections: Identify 2 to 3 correctional facilities in Louisiana. Provide information about the types of facilities they are (maximum or minimum security); the types of designs; whether they are private or public; their population statistics; and their type of crime statistics. The Elayn Hunt Correctional Center is the second largest prison within the state