In some cases, the prosecution and the defense agree in advance of sentencing to the nature and length of the sentence to be imposed. A defendant, through his defense attorney, may waive a presentence investigation report when a favorable sentence has already been negotiated on his behalf. Even where the prosecution makes a non-binding recommendation, it is unusual for a …
· What happens during the presentence investigation? During the presentence investigation, a US probation officer interviews the defendant and other people who can provide relevant information, including the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, family members, associates, defense counsel, and …
· A defense attorney can be a great asset and help in several ways before a presentence interview. The attorney may offer alternative punishments or diversionary opportunities to the probation officer to convey to the judge. The defense attorney can also help prepare the defendant for his or her interview and improve the defendant’s personal ...
· In practice, the defendant’s attorney should attend the interview unless his or her presence would so offend the investigator as to result in a hostile interview. If the investigator …
In federal cases, probation officers conduct the pre-sentence investigation report to help sentencing judges and others evaluate the background of the person. The investigation culminates with an all-important presentence investigation report (PSI or PSR—used interchangeably).
A pre-sentence report is compiled by a probation officer prior to sentencing, and is meant to give the judge a fuller picture of the defendant.
In general, the PSI report needs to include details on the offense in question, as well as information on the defendant's criminal history. The PSI should also describe the defendant's family history, education, employment record, any military service, finances, and health.
After sentencing, these presentence reports are utilized by the Bureau of Prisons to designate the institutions appropriate for an offender to serve their sentences, to select prison programs to help the offenders, and to develop case plans for their custody and eventual release.
The report will not be read out in court, but the prosecution, defence or judge can make reference to it or ask questions about it.
Thus, under Blakely, the defendant's Sixth Amendment right to a jury trial can be violated any time the court imposes a sentence greater than that called for in the guidelines, even when the sentence imposed is below the maximum punishment permitted by the legislature.
A pre-sentence report will suggest the most appropriate sentence for the committed offence and make recommendations to the sentencing court. The court does not have to follow any recommendations made, but it is helpful to have this impartial report to work with.
The defendant making restitution to the victim of their crime. The defendant acting out of necessity. The defendant having a difficult personal history. The defendant struggling with a drug or alcohol addiction.
Typically offenders are interviewed at court for approximately 30 minutes. They have previously been used for low risk of harm cases and first offences. Officers use these reports to assess an individual's ability to complete Unpaid Work or low level Community Orders.
Factors Considered in Determining Sentences: Aggravating and Mitigating Circumstances. Most crimes are specifically enumerated in constitutions or statutes, and the provision that identifies the specific crime will also identify the appropriate punishment.
A PSI is an interview with a probation officer. That probation officer will want to get information about your background, including criminal history, employment, addresses, etc. They will also want to discuss the incident with you.
A major criticism is the shift in power from the judge to the federal prosecutor. Because the criminal charge will trigger, upon conviction, a particular sentence in the guidelines, a prosecutor's charging decision is the most important one in the case.
Research that is conducted by court services or a Probation officer relating to the prior criminal record, education, employment, and other information about a person convicted of a crime, for the purpose of assisting the court in passing sentence.
to administer the parole and probation system. to exercise supervision over parolees, pardonees and probationers. to promote the correction and rehabilitation of criminal offenders.
During the interview the officer may ask the defendant about the offense to which he/she pled or was found guilty, prior criminal history, family background, education, employment, finances, physical and mental health, and alcohol or drug abuse.
The investigation of an applicant or petitioner for probation involves a thorough study of his criminal record, family history, educational background, married life, occupational record, interpersonal relationships and such other aspects of his life which may have a bearing in the assessment of his suitability for ...
Frequently Asked Questions about the presentence investigation and report, read below. Prepare for a better result by understanding PSR FAQ
The honest answer is not much. At the time, I was in denial about my criminal case and the prospect of prison time. I went to the presentence investigation (PSI) interview with no overarching mitigation strategy.
After a criminal conviction at trial or guilty plea, the court orders the US Probation office to conduct a presentence investigation in aid of sentencing. The PSI can be defined as an investigation to understand the defendant as a person, the circumstances surrounding the defendant’s crime, and to propose an appropriate sentence to the court.
Their primary purpose is to provide sufficient information to assist the court in deciding on an appropriate and fair sentence, consistent with the punishment, deterrence, and corrective goals of sentencing.
As summarized for the court in the PSR, the PSI covers in detail the history — including educational, criminal, family, and social background — of a person convicted of a crime. It summarizes for the court the background information needed to determine an appropriate and fair sentence.
During the presentence investigation, a US probation officer interviews the defendant and other people who can provide relevant information, including the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, family members, associates, defense counsel, and employers.
Not typically. However, a probation officer can drug test for purposes of the PSI at any time.
Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.
An individual awaiting sentencing should prepare for a presentence interview from a probation officer.
Remember to be very careful of word choice during an interview with a probation officer. Misinterpretations could reflect poorly upon you when the probation officer completes his or her report. Most judges rely on presentence reports when issuing their sentences and simply do not have the time to personally investigate every case.
The defendant should waive (i.e., bypass) a presentence investigation and report when the judge or prosecutor has guaranteed a favorable sentence. When the judge can sentence-bargain, a PSIR may provide the judge an out from a favorable promise. When the judge does not participate in bargaining and the prosecutor can make only non-binding ...
With respect to the defendant’s personal background, one family member should be designated as the ambassador to the presentence investigator. This should be someone who is responsible and sympathetic to the defendant, who can assemble pertinent information, share it with the investigator and support it with corroborating details and documents.
Some judges consider drug use to be a mitigating factor, and reference in the PSIR to the defendant’s drug use may facilitate entry into treatment programs, which could reduce the sentence. Drug dealers who sell to support their habit seem less culpable than those who sell out of greed.
If the investigator resists, the defense attorney can explain that he is there principally to facilitate the interview and to avoid misunderstandings. For the most part, in fact, that should be the defense attorney’s role – along with taking extensive notes of the defendant’s remarks.
What is the purpose of the pre-sentence investigation report (PSIR) in criminal cases? In most criminal cases, guilty pleas are rapid and rote, and do not provide much information to the judge about the criminal defendant, his merits or his shortcomings. Perhaps because of this, most jurisdictions authorize an adjournment between plea or trial ...
Prison officials rely heavily on the PSPIR to arrive at a security classification. Inaccuracies about the defendant’s drug use, flight risk or history of violence may result in placement in a higher security prison or in more restrictive conditions of confinement, even if the inaccuracies do not affect the sentence.
The defendant should not answer questions about his criminal history. Defendants often deny guilt of crimes to which they pleaded guilty, and sometimes in good faith assert that a case that resulted in a conviction and time served was “dismissed.”.
A probation officer or other investigating officer from the state Department of Corrections is usually assigned to your case to do a presentence investigation. Typically the department has a special group of officers whose sole task is to complete these sorts of investigations.
You might be surprised how much information is available to the public, particularly when they work for the state. But, much of this information will come from you, people who know you, and any potential victims in your case through interviews.
A judge takes several things into consideration when determining what your sentence will be. First and foremost is the law. But aside from any guidelines within the statute, they will glean the majority of their information from the presentence report submitted to them by the investigating officer.
The information contained within the presentence report is useful to anyone who handles your case after the judge. If you are sentenced to probation, your supervising officer will have access to the report, using it to determine how best to supervise you.
While you may be interviewed for the presentence report, you don’t typically get any first hand input into the final product. It is a product of the court and the corrections department. But, your defense attorney will have access to the report and can help you make sure that the information as portrayed to the judge is accurate.
Defendants should plan to be at the presentence interview for approximately one hour. Most attorneys choose to be present during the presentence investigation interview.
Selection of an appropriate sentence is one of the most important decisions made in the criminal justice system. The primary vehicle to assist the court in making this decision is the presentence investigation report. These reports are completed by United States Probation Officers. Rule 32 of The Federal Rules of Criminal Procedure require a probation officer to conduct a presentence investigation report for the court in almost every case. If restitution is owed by the defendant, the rules state a presentence report must always be conducted.
After sentencing if a defendant is ordered to serve a term of imprisonment, the presentence report will be provided to the Federal Bureau of Prisons to assist the Bureau in classifying the defendant to the appropriate security level, providing needed prison programs, and for release planning. Although the presentence report is provided to the Bureau of Prisons, it remains an official court document and may not be re-disclosed by the Bureau of Prisons to any third party.
Rule 32 requires the presentence investigation to do the following things: "(A) identify all applicable sentencing guidelines and policy statements of the U.S. Sentencing Commission; (B) calculate the defendant’s offense level and criminal history category; (C) state the resulting sentencing range and the kinds of sentences available; (D) identify any factors relevant to the appropriate kind of sentence, or the appropriate sentence within the applicable guideline range, and the identify any basis for departing from the applicable sentencing range."
Rule 32 goes onto state the presentence report must contain the following information: "The defendant’s history and characteristics including any prior criminal record, the defendant’s financial condition, any circumstances affecting the defendant’s behavior that may be helpful in imposing sentence or in correctional treatment, verified information that assesses the financial, social, psychological and/or medical impact of any victim of the offense, the nature and extent of non-prison programs and resources available to the defendant, sufficient information on which to order restitution, and any other information the court requires."
The Court ruled the appropriate remedy was to strike the provisions of the Sentencing Reform Act of 1984 that made the sentencing guidelines mandatory. The current system requires the sentencing court to consider the sentencing options recommended by the sentencing guidelines, but judges are free to impose any sentence authorized by law.
The probation officer may ask the defendant to provide documentation of information provided during the interview such as financial records, birth/marriage/divorce records, school transcripts, employment records, military service records, medical records, or medical or counseling records. If the defendant is unable or unwilling to provide this ...
The Presentence Investigation Report is a document that gives you the chance to show the sentencing judge in your case why you should receive a lesser sentence for the crime you were convicted of. In felony cases at both the state and federal level, judges usually rely on presentence reports – which are prepared by probation officers – to make their sentencing decisions.
It is extremely important that you and your attorney make your presentence report as favorable as possible to you because it could have a huge impact on the length of the sentence you receive.
This means that your presentence report could be put together based on general, predetermined decisions that have nothing to do with the merits of your individual case. To avoid this, work with your defense attorney to make sure all of your favorable information is available to the judge.
One of the first things that will happen after you are found guilty (or plead guilty) is your presentence interview. The parole officer will talk to you and hear your version of the crime and the circumstances surrounding the act that led to your conviction.
For this reason, make 100 percent sure you are prepared for your presentence interview, so you can make a positive impression. Make sure to clean yourself up and dress appropriately, bring all of the documents you need, and also bring anything else that can help your situation.
You also have to be careful about what you say during your interview because all of your statements will be used to prepare the presentence report.
Over the course of several weeks between the conviction date and the sentencing date, the probation officer will put this report together and include several pieces of information. To prepare the report, the probation officer will interview you, check your criminal record, talk to the victim (if there is one), consult with the arresting officer, and possibly talk with your family and/or friends.
Pre-Sentence Investigations and Sentencing Hearings. Any time a person is convicted of a crime–whether a case goes to trial and is lost, or the defendant takes a plea deal–the next step is for the judge to impose sentence. This happens at the sentencing hearing. In most serious felony cases, a judge will order a pre-sentence investigation, ...
The PSI allows a defendant to give their version of events, not only about the current criminal convictions, but the broader history of his or her life and any influences that may have had an effect on the defendant and his or her actions. The PSI also gives the defendant an opportunity to accept responsibility for his or her actions and to express remorse. It should be noted that a defendant does not have to make any statements to the writer; a defendant is free to decline or refuse to comment, in which case the writer will attempt to gather information from any documents or records that he or she has access to.
The document has several different portions. The first portion details the defendant’s name, age, height, weight, and other clerical information, including the current charges the defendant has been convicted of. Other information in this section includes permanent marks, like scars or tattoos, and any known gang affiliations and aliases. The next portion of the PSI gives a summary description of the facts of the present offense (s), and then the defendant’s version of events. This portion will also list any other past criminal convictions, time spent incarcerated, and any other pending charges. The defendant is also afforded an opportunity to explain or dispute any past criminal charges and periods of incarceration.
The main function is to provide the court (meaning the judge) with sufficient information about the defendant so that the judge can sentence the defendant consistent with the factors required under Wisconsin state law , those being the gravity of the offense, the need to protect the public, and the character of the offender.
This document can vary in length depending on several factors, including type of offenses, length of criminal history, willingness to speak with the investigator, and other factors. The PSI report is confidential, meaning that it is only sent to the judge, the prosecutor, and the defense attorney.
While the agent who wrote the PSI may make a sentencing recommendation, the judge is not legally bound in any way to follow the recommendation. In some sentencing hearings, the judge references the PSI frequently and adheres closely to the recommendation. In others, the agent’s impressions and recommendation are barely mentioned by ...
It should be not ed that a defendant does not have to make any statements to the writer; a defendant is free to decline or refuse to comment, in which case the writer will attempt to gather information from any documents or records that he or she has access to.