Writing a presentence report

Get Full Essay Get access to this section to get all help you need with your essay and educational issues. Get Access Presentence Investigation Essay Sample The aim of the presentence investigation is to provide a timely, accurate, objective, and comprehensive report to the court. The report should have enough information to assist the court in making a fair sentencing decision and to assist corrections and community corrections officials, in managing offenders under their supervision. Intake procedures may also involve a dispute-settlement process during which the probation officer works with the defendant and the victim to resolve the complaint before sentencing.

Writing a presentence report

This is important because many have seen this as suggestive of sentencing disparities or inequality in the treatment of offenders with a lower socioeconomic status or little to few ties to the community, but As Alarid and Montemayorp. Since the advent of the sentencing guidelines, the importance of the presentence report has increased because the document is now designed to frame factual and legal issues for sentencing.

writing a presentence report

Thereafter, if a defendant is incarcerated, the Bureau of Prisons or State Department of Corrections will use information in the report to designate the institution where the offender will serve the sentence and determine the offender's eligibility or need for specific correctional programs.

Also, depending on the jurisdiction, the presentence report can be used to calculate the release date. The probation officer assigned responsibility for the offender's case during probation and supervised release will use the report to make an initial assessment of case needs and risks.

Additionally, the report may be used as a source of information for future research. The information allows changing of a sentence subject to the Commitment Order and the judge's verdict. The final report must contain only accurate information.

The goal is to produce a report that the court may rely upon at sentencing. Though it is inevitable that there will be data that the probation officer is unable to verify, that information should be clearly identified.

The probation officer must distinguish between facts and the inferences, opinions, or conclusions based upon those facts. When a defendant is referred for a presentence investigation, the officer must immediately begin to gather the facts.

Though the procedure varies somewhat from jurisdiction to jurisdiction, the officer usually conducts several aspects of the investigation concurrently to ensure that the presentence report is submitted to the court on time.

Since officers routinely conduct multiple presentence investigation simultaneously, meeting the deadlines can be difficult. Review of records[ edit ] During any investigation a probation officer may review numerous documents including: The probation officer must scrutinize each document received and determine the likely accuracy of the record.

The probation officer's investigation of the offense usually begins with an examination of the complaint, information, or indictment charging the defendant and the docket describing the judicial history of the case.

These documents may be found in the district court clerk's file. The officer will use them to develop a brief chronological history of the prosecution of the case and identify the specific charges that resulted in the conviction.

The review of the clerk's file may also reveal the identities of co-defendants or related cases, the status of which must be investigated and reported in the presentence report. At the same time, the probation officer may also request information about the offender's history, circumstances, and release status from the pretrial services officer or from a separate pretrial services agency.

Before interviewing the defendant about the offense, the probation officer must review official descriptions of the offense conduct and the applicable guidelines. As a result, it is often necessary to postpone a discussion of the offense until a second interview. The offender is also asked to submit a written statement about the offense conduct.

Additionally, the probation officer must make an inquiry into the offender's criminal history. Though the guideline criminal history category is based only upon sentences imposed for juvenile adjudications and criminal convictions meeting specific criteria, the probation officer reports all known incidents in which the defendant has been involved in criminal behavior to partially fulfill the statutory mandate to provide information to the court regarding the history and characteristics of the defendant.

The early examination of computerized criminal history records enables the officer to identify which law enforcement, court, and correctional records must be reviewed. In addition, the initial interview of the defendant should include questioning about the offender's residential history so that the officer can check local police and court records in every jurisdiction where the defendant has lived.

Additionally, the probation officer may request physical and mental health, educational, employment or financial records from a variety of sources to corroborate information provided by the offender.

When are Presentence Investigations Used?

Interview of defendant[ edit ] Probation officers investigate by interviewing and reviewing documents. Unless the defendant declines, the defendant is questioned in every case.

Additionally, the officer should interview the defense counsel, the prosecutor, law enforcement agents who investigated the conduct that led to the defendant's conviction, victims, the defendant's family, present or previous employers, school officials, doctors, counselors, and others.

The diverse interview settings that probation officers encounter require them to be proficient in a variety of questioning techniques.

Ideally, the offender is available for the interview early in the investigation. The defendant interview is the pivotal point around which the presentence investigation turns.

Often, the format is a structured interview during which a standard worksheet is completed. The worksheet follows the format of the presentence report and provides space for recording data about the offense and the offender's characteristics and history.bility is the presentence investigation report.

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The Ultimate Guide to Writing Investigation Reports. Instructions for writing an investigation report that is clear, complete and compliant The Ultimate Guide to Writing Investigation Reports. Article.

4 Steps to a Winning Workplace Investigation Report. Article. How to Write an Investigation Report . Revised Rule 32(i)(1)(B) is intended to clarify language that currently exists in Rule 32(h)(3), that the court must inform both parties that the court will rely on information not in the presentence report and provide them with an opportunity to comment on the information.

Presentence Investigation | Essay Example