REPORTS FOR CRIMINAL COURTS

• NCJ Number: 58198
• Author(s): F G PERRY
• Date Published: 1979
• Length: 140 pages
• Corporate Author: Owen Wells Publishing Co
• Sale Source: Owen Wells Publishing Co
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom

Annotation

PRESENTENCE REPORTS PREPARED FOR CRIMINAL COURTS IN THE U.S., HOLLAND, AND THE UNITED KINGDOM ARE EXAMINED TO SHOW HOW ORGANIZATIONAL, PROCEDURAL, AND PROFESSIONAL INFLUENCES AFFECT THE PRACTICE IN EACH COUNTRY.

Abstract

IN A DISCUSSION ON SOME ASPECTS OF SENTENCING PROCEDURE AND THE INVOLVEMENT OF PROBATION OFFICERS IN THE PROCESS, PRACTICE IN ENGLAND AND WALES IS EMPHASIZED, ALONG WITH THE USE OF THE STREATFEILD REPORT; IT IS CONCLUDED THAT INDIVIDUALIZED SENTENCING IS A MORE HUMANE APPROACH THAN THE OLD TARIFF SYSTEM, AND THAT THE INTRODUCTION OF PRESENTENCE REPORTING MAY BE BENEFICIAL DESPITE ITS INHERENT DANGERS. AN INTRODUCTION TO THE AMERICAN CRIMINAL JUSTICE SYSTEM EXAMINES THE CONSTRAINTS IMPOSED ON PROBATION DEPARTMENTS BY THEIR POSITIONS IN ADMINISTRATIVE HIERARCHIES. U.S. GUIDELINES AND PRACTICE IN PRESENTENCE REPORTING AND THE AMBIGUITIES IN DISCLOSURE OF REPORT CONTENT ARE CONSIDERED, ALONG WITH THE IMPACT OF PLEA BARGAINING ON PRESENTENCE REPORT PREPARATION. AN OVERVIEW OF PRESENTENCE REPORTING IN EUROPE REVEALS WIDE VARIATION IN WHETHER REPORTS ARE PREPARED, WHO PREPARES THEM, WHAT ORIENTATION THEY HAVE, AND WHAT RIGHTS ARE GIVEN TO THE DEFENDANT. THE NETHERLANDS USES PRIVATE AGENCIES COORDINATED BY REHABILITATION COUNCILS TO PROVIDE A SOCIAL WORK SERVICE TO THE COURTS; HOW THEIR REPORTING PRACTICE AND DEFENSE MEMORANDA COMPARES WITH THOSE OF THE U.S. IS DISCUSSED. THE PRESENTENCE REPORTING PROCEDURES OF THE UNITED KINGDOM, ESPECIALLY IN JUVENILE COURTS, ARE ANALYZED; SOCIAL WORKERS IN THE UNITED KINGDOM HAVE BEEN ACCUSED OF INABILITY TO GENERALIZE BETWEEN CASES AND ARE THEREFORE UNABLE TO ARTICULATE THE FRAMEWORK FOR THEIR INVESTIGATIVE DECISIONS. SUGGESTIONS ARE GIVEN AS TO HOW COURTS, SOCIAL WORKERS, SENTENCERS, AND PROBATION OFFICERS MIGHT BE ABLE TO BETTER COOPERATE IN THE PREPARATION AND MONITORING OF THE QUALITY OF PRESENTENCE REPORTS. APPENDIXES PRESENT EXAMPLES OF REPORT FORMS AND QUESTIONS TO CONSIDER. AN INDEX AND A BIBLIOGRAPHY ARE INCLUDED. (MHP)