NCJ Number
120278
Date Published
1988
Length
152 pages
Annotation
This analysis of the role and use of presentence reports in North Carolina focused on when they should be prepared, who should prepare them, what they should contain, and whether they should be mandatory for any or all cases.
Abstract
The study used information from a review of the State laws and legal issues, case and opinion survey data on the use of presentence reports in parts of 1987 and 1988, and an analysis of presentence reports in Federal courts and other States. Findings indicated that presentence reports should not be immediately mandatory statewide. Instead, a pilot study in certain judicial districts or counties should evaluate the impact of presentence reports on sentencing and the factors affecting differences in impacts. In addition, any plan for mandatory presentence reporting should permit the defendant to waive the requirement or the judge to override it upon a finding that sufficient information is already available. Further recommendations include not making community sentence plans mandatory; expanding the use of community sentences; and giving trial judges the authority to order a presentence investigation before conviction, provided that it cover only information of public or court record and that it not be disclosed to the judge, jury, or district attorney before a verdict is reached, unless the defendant agrees. Data tables, footnotes, and appended forms.