PROBATION OFFICER, SENTENCING, AND THE WINDS OF CHANGE

• NCJ Number: 47808
• Journal: Federal Probation Volume: 39 Issue: 4 Dated: (DECEMBER 1975) Pages: 9-17
• Author(s): C H IMLAY; E L REID
• Date Published: 1975
• Length: 9 pages
• Corporate Author: Administrative Office of the United States Courts; US Dept of Justice
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE ROLE OF THE FEDERAL PROBATION OFFICER VIS-A-VIS SENTENCING PROCEDURES IN FEDERAL COURTS IS EXAMINED WITHIN THE CONTEXT OF TRENDS IN SENTENCING.

Abstract

THE FEDERAL PROBATION OFFICER'S ROLE IN THE SENTENCING PROCESS HAS NEVER BEEN FULLY DEFINED. INITIALLY, THE PROBATION OFFICER WAS A SUPERVISOR. LATER, THE ROLE WAS EXPANDED TO INCLUDE THE INVESTIGATORY FUNCTION IN THE SENTENCING PROCESS. THERE HAS BEEN A TREND TOWARD FORMALIZING, OR LEGALIZING, SENTENCING AND REVOCATION PROCEDURES. AS A CONSEQUENCE, THE PROBATION OFFICER'S ROLE HAS CHANGED FROM THAT OF AN OBJECTIVE ADVISOR TO THE COURTS, TO THAT OF A PARTICIPANT IN AN ADVERSARY PROCESS. THE PROBATION OFFICER IS CAUGHT IN THE DEBATE OVER THE PRIMARY GOALS IN SENTENCING (I.E., REHABILITATIVE/INDIVIDUALISTIC VERSUS EXEMPLARY/UNIFORM). EVEN THOUGH THE TREND IS TOWARD PUNITIVE REMEDIES, IT IS THE PROBATION OFFICER'S FUNCTION TO PROMOTE FLEXIBILITY IN SENTENCING. THERE ARE FOUR DEVELOPMENTS THAT COULD AFFECT MATERIALLY THE FEDERAL SENTENCING PROCESS IN GENERAL AND THE ROLE OF THE PROBATION OFFICER IN THAT PROCESS: PASSAGE OF THE SPEEDY TRIAL ACT, ADOPTION OF A RULE FORMALIZING PLEA NEGOTIATION PROCEDURES, ADOPTION OF A RULE REQUIRING DISCLOSURE OF PRESENTENCE REPORTS TO DEFENDANTS, AND PROPOSED ADOPTION OF LEGISLATION REQUIRING APPELLATE REVIEW OF SENTENCING. THE POTENTIAL IMPACT OF THESE DEVELOPMENTS IS CONSIDERED. THE NEED TO DEFINE THE GOALS OF SENTENCING IS STRESSED. (AUTHOR ABSTRACT MODIFIED--LKM)