COURT AND PROBATION - TWO INTERACTING SYSTEMS

• NCJ Number: 46585
• Journal: PROBATION AND PAROLE Issue: 8 Dated: (1976) Pages: 15-24
• Author(s): Y COHN
• Date Published: 1976
• Length: 10 pages
• Corporate Author: New York State
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

PRESENTENCE INVESTIGATION REPORTS COMPILED BY PROBATION OFFICERS ARE ANALYZED IN THEIR RELATIONSHIP TO THE COURT SENTENCE DERIVED FROM EACH REPORT.

Abstract

THE FOLLOWING QUESTIONS ARE CONSIDERED: (1) WHAT VARIABLES IN THE PRESENTENCING REPORTS ARE SIGNIFICANTLY ASSOCIATED WITH COURT DISPOSITIONS; (2) WHAT VARIABLES ARE MOST FREQUENTLY REPORTED BY THE PROBATION OFFICER. THE SAMPLE SELECTION CONSISTED OF 300 PRESENTENCE INVESTIGATION REPORTS PRESENTED TO THE NEW YORK CRIMINAL COURT BY 4 BRANCHES OF ITS PROBATION DEPARTMENT IN 1967, FROM WHICH WERE DERIVED THE FOLLOWING COURT DISPOSITIONS: DISCHARGE, PROBATION, AND REFORMATORY. THE CONTENT OF THE REPORTS WAS ANALYZED ACCORDING TO 56 CATEGORIES. THE VARIABLES INVESTIGATED WERE GROUPED UNDER FIVE HEADINGS: THE OFFENDER AND THE OFFENSE, THE FAMILY, SOCIAL FUNCTIONING OF THE OFFENDER, PERSONAL CHARACTERISTICS, AND CONTACT WITH HELPING SERVICES. THE ANALYSIS CONDUCTED SHOWS WHETHER A VARIABLE REACHES A DEGREE OF DIFFERENCE BETWEEN THE THREE COURT DISPOSITIONS WHICH WOULD MAKE IT STATISTICALLY SIGNIFICANT. DIFFERENCES IN THE THEORETICAL FRAMEWORKS OF THE REPORTING PROBATION OFFICER AND SENTENCING JUDGE WERE NOT REVEALED BY THE RATING INSTRUMENT, AND THE MAJORITY OF THE VARIABLES WHICH WERE WELL REPORTED DIFFERENTIATED SIGNIFICANTLY AMONG THE THREE DISPOSITION GROUPS. IT IS SUGGESTED THAT THE COURT AND PROBATION SYSTEMS LACK THAT TENSION OF INTERACTION THAT SHOULD BE CHARACTERISTIC OF THEIR VARYING ROLES IN THE BROADER SOCIAL SYSTEM. IT IS FURTHER DETERMINED THAT NO THEORETICAL FRAMEWORK EMERGES OUT OF THE CLUSTERING OF VARIABLES THAT CLEARLY CONNECTS PROBATION REPORTING AND COURT DISPOSITION PRACTICES WITH ANY CURRENT BEHAVIORAL OR SOCIOLOGICAL THEORY ON CRIMINALITY. WHEREAS, BEHAVIORAL SCIENCE EMPHASIZES PSYCHOLOGICAL CONCEPTS AND SELECTED ENVIRONMENTAL VARIABLES, AND EMPLOYS A BALANCED 'INNER-OUTER' INTERACTIONAL MODEL, THE PROBATION OFFICERS' PRESENTENCE REPORTS AND COURT DISPOSITIONS SHOW A NARROW FOCUS UPON THE OFFENDERS' CRIMINAL PASTS AS INDICATORS FOR RECURRENCE OF CRIMINAL BEHAVIOR IN THE FUTURE. STATISTICAL TABLES SHOWING THE RESULTS OF THE ANALYSIS ARE INCLUDED. (RCB)