Sentencing and the Presentence Investigation Report

1
Chapter 3

• Sentencing and the Presentence Investigation
  Report

2
Philosophy of Community Corrections

• An offender can best learn how to live
  productively in a community by remaining in free
  society under supervision, as opposed to being
  transferred to the warehouse-like setting of a
  jail or prison.
• LO 1

3
Factors That Affect Granting a Community Sentence

• Eligibility for community corrections
• Conditions of probation fixed by statute
• Availability and quality of intermediate
  sanctions and other community-based services
• Factors such as the social stability of the
  offender, family ties, marital status, employment
  and drug abuse history
• LO 1

4
Sentencing Guidelines

• Goals include
• Reduction or elimination of sentencing disparity
• Increased judicial accountability
• Increased punishment for violent offenders
• A basis for population projections and resource
  allocation
• LO 1

5
Sentencing Guidelines, Cont.

• Presumptive sentencing grids require judges to
  use the guidelines and provide written reasons
  for any deviation.
• Voluntary sentencing guidelines are suggestions
  that judges may or may not accept.
• North Carolina has incorporated classes of crimes
  eligible for community corrections into the
  guidelines.
• LO 1

6
Sentencing Commissions

• Sentencing commissions exist at the federal level
  and in about half the states, and monitor the
  judicial use of the guidelines.
• The commissions are responsible for evaluating
  and revising the guidelines as appropriate.
• LO 1

7
Conditions of Community Corrections

• Standard Conditions are imposed on all persons
  with community sentences regardless of the
  offense.
• Special Conditions are in addition to standard
  conditions and are tailored to fit the problems
  and needs of the offender.
• LO 2

8
Examples of Standard Conditions

• Obey all federal and state laws and municipal
  ordinances
• Follow all directives of the supervising officer
• Report regularly to the probation officer
• Obtain permission from the probation officer
  before changing residence or employment, or
  leaving the jurisdiction
• LO 2

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Conditions of Community Corrections, Cont.

• Limitations of special conditions
• Must be clear and specific
• Must be reasonable
• Must either protect society or rehabilitate the
  offender
• Must be related to the offense of conviction
• LO 2

10
Conditions of Community Corrections, Cont.

• Supervision conditions must be constitutional.
• When fundamental constitutional rights are
  limited or infringed upon by a condition of
  probation, the government must establish a
  compelling state interest that would justify
  keeping the condition.
• LO 2

11
First Amendment Rights

• First Amendment rights of religion, speech,
  assembly, press, and petitioning the government
  for redress of grievances are considered basic,
  fundamental rights.
• A.A. meeting attendance as a condition of
  probation was ruled unconstitutional on
  religious grounds.
• LO 2

12
Search Seizure

• The Fourth Amendment right against unreasonable
  searches and seizures is not as highly protected
  for probationers as other constitutional rights.
• In Griffin v. Wisconsin (1987), the U.S. Supreme
  Court ruled that a warrantless search of a
  probationers home is valid as long as reasonable
  grounds exist. LO 2

13
Self-Incrimination

• In McKune Warden v. Lile (2002), the U.S. Supreme
  Court held that a sex offender treatment program
  inside a Kansas prison that required an
  acknowledgement of all prior sex offenses does
  not violate the Fifth Amendments privilege
  against self-incrimination.
• LO 2

14
The Presentence Investigation Report

• The PSI is a document prepared by a probation
  officer to aid judges in the sentencing decision,
  and
• Is used by prosecutors, defense attorneys, parole
  boards and probation and parole officers
• Describes the nature of the offense, offender
  characteristics criminal history, loss to the
  victim and sentencing recommendations
• LO 3

15
Contents of the PSI Report

• Offender-Based PSI Reports (1920s-
  1980s) were
• focused on rehabilitation
• utilized an indeterminate sentencing structure
• Offense-Based PSI Reports (1980s-Present)
• focus on the crime committed
• utilize a determinate sentence structure
• LO 3

16
Contents of the PSI Report

• A Victim Impact Statement is required in all
  federal PSIs and some state PSIs.
• Includes physical injuries and emotional and
  psychological toll on victim and victims family.
• A breakdown of the victims financial costs that
  were not covered by the victim compensation fund
  are also provided.
• LO 3

17
Preparing the PSI Report

• The PSI is ideally prepared after adjudication of
  guilt, but before sentencing.
• The PSI process consists of
• The initial interview
• Investigation and verification
• The evaluative summary
• The sentence recommendation
• LO 4

18
Legal Issues Concerning the PSI Report

• Disclosure limited to defendant, attorneys
• Inaccuracies error must be harmful
• Hearsay may be permitted
• The Exclusionary Rule does not apply
• The Miranda Warning is not triggered
• The right to a lawyer is neither required nor
  prohibited by U.S. Supreme Court LO 5