CRITICAL ISSUES IN ADULT PROBATION - TECHNICAL ISSUE PAPER ON PRESENTENCE INVESTIGATION REPORTS

• NCJ Number: 57668
• Author(s): D A TOWNSEND; J W PALMER; J B NEWTON
• Date Published: 1978
• Length: 137 pages
• Grant Number(s): 77-NI-99-0001
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: Ohio State University
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

EVALUATION STUDIES OF THE PRESENTENCE REPORTING PROCESS AS IT AFFECTS ADULT PROBATION AND JUDICIAL DECISIONS ARE EXAMINED.

Abstract

HISTORICAL DEVELOPMENTS IN THE USE OF PRESENTENCE INVESTIGATION REPORTS HAVE FOCUSED ON THE ISSUE OF DISCLOSURE. DIFFERENCES HAVE EMERGED IN TECHNIQUES AND PROCEDURES ASSOCIATED WITH THE DEVELOPMENT AND USE OF PRESENTENCE REPORTS, PARTICULARLY WITH REGARD TO FEDERAL AND STATE STATUTORY REQUIREMENTS FOR THE PREPARATION AND CONTENT OF PRESENTENCE REPORTS, THE USE OF LONG FORMS VERSUS SHORT FORMS IN PREPARING PRESENTENCE REPORTS, TECHNIQUES AND PROCEDURES EMPLOYED BY INDIVIDUAL PROBATION OFFICERS, PLEA BARGAINING AND ITS ROLE IN PRESENTENCE REPORTS, AND DEFENSE INPUT AT THE SENTENCING STAGE. TWO BASIC TYPES OF INPUT INTO PRESENTENCE INVESTIGATION REPORTS ARE DIAGNOSTIC EVALUATIONS AND INFORMATION REPORTING. THE ROLE OF PRESENTENCE INVESTIGATIONS AND THEIR IMPACT ON DECISIONS OF SENTENCING JUDGES ARE AFFECTED BY THE SENTENCING STAGE OF THE CRIMINAL PROCESS, THE DEBATE ABOUT JUDICIAL DISCRETION INVOLVED IN SENTENCING, JUDICIAL ATTITUDES TOWARD SENTENCING AND TOWARD PRESENTENCING REPORTS AND PROBATION OFFICERS, AND JUDICIAL CHARACTERISTICS AND THEIR RELATION TO SENTENCING DECISIONS. THE EVALUATION STUDIES SHOW THAT: SHORT-FORM PRESENTENCE REPORTS APPEAR TO BE USEFUL SENTENCING AIDS; INDIVIDUAL PROBATION OFFICERS VARY IN THEIR RECOMMENDATIONS, EVEN WHEN PRESENTED WITH SIMILAR DATA; PLEA BARGAINING SEEMS TO HAVE AN IMPACT ON THE PRESENTENCE INVESTIGATION REPORTING PROCESS; DIAGNOSTIC INFORMATION RECEIVED FROM PSYCHOLOGISTS OR PSYCHIATRISTS IS OF INTEREST TO SENTENCING JUDGES; THE PRESENTENCE INVESTIGATION REPORT IS THE PRIMARY METHOD OF INFORMATION REPORTING AND IS USED MORE FREQUENTLY THAN PSYCHIATRIC OR MENTAL EXAMINATION REPORTING; THE DIAGNOSTIC REPORTING PROCESS INVOLVES THE DANGER OF OVERPREDICTION; THERE ARE NO EFFECTIVE PREDICTORS IN EITHER DIAGNOSTIC OR INFORMATION REPORTING PROCESSES UPON WHICH JUDGES AND PROBATION OFFICERS CAN RELY; JUDGES FEEL THE SENTENCING PHASE OF THE CRIMINAL JUSTICE PROCESS IS AN IMPORTANT PART OF THEIR JUDICIAL FUNCTIONING; AND JUDGES GENERALLY CONSIDER THREE PARTICULAR ITEMS OF INFORMATION FROM PRESENTENCE REPORTS ARE AS MOST IMPORTANT IN SENTENCING DECISIONS (CURRENT OFFENSE, PRIOR RECORD OF DEFENDANT, AND STABILITY INDICATORS ABOUT DEFENDANT). A BIBLIOGRAPHY IS PROVIDED. (DEP)