Pre-sentence investigation processes and outcomes

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 also be the only way for a defendant to have the judge consider his unique circumstances. 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 to tell the probation officer about his "family history, his education, his criminal background, employment record, substance-abuse history, medical condition, and financial status" (Santos, 2001). In this way, a defendant has a greater opportunity to present mitigating information and argue for leniency to the probation officer than he has in front a judge, which can be considered a strength or a weakness, depending on the role that one plays in the criminal justice system.