CJ202 PreSentence Investigation

Pre Sentence

CJ202 Pre-Sentence Investigation

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Pre Sentence Investigation

The Pre Sentence Investigation is simply the investigation that is conducted on a guilty defendant before a sentence for the crime is handed down. The PSI is essential for the judge in making a determination of the type of sentence the guilty criminal offender should receive. While criminals in society commit the same crime they will not always get the same sentence. For example a criminal that has stolen a car for the first time would not receive the same prison sentence as a criminal that has stolen two other cars previously and was convicted for these crimes. Since just committing the crime is not all that is considered in sentencing the pre sentence investigation is essential.

Once a criminal has been found guilty of a crime in a court of law or they have pled guilty to a crime the judge will require the probation agent to gather information on the guilty offender including past criminal history, juvenile adjudications, crime, and harm caused to the victim (USPO, 2011). The pre sentence report will inform the court of the criminal defendant’s marital status, work history, and educational background as well as a past history of substance abuse, and mental health history. Additionally the report will provide information on sentencing guidelines, potential harm posed to community, and sentencing recommendations.

The pre sentence report is extremely beneficial to the court. The judge only has the information that is provided through the court process (Murrell, 2008). They do not have information on any special circumstances that would sway their decision one way or another. For example if a man murdered a woman in a fit of passion the sentence would be less than if the murder was premeditated but if the man rapes the woman before she is murdered then the sentence they would receive could be much harsher. In another example if a woman murders a man but that man had stalked her for years this would be important information when the judges make a decision concerning sentencing.

The pre sentence report informs the court and correctional system about the criminal defendant. The report will help the judge to make a determination of what types of programs and services would most benefit the criminal defendant or what type of prison would be most appropriate. For example a serial killer would need to be sent to a maximum security prison or someone sentenced to death will need to be sent to a prison that has a death row. The pre sentence report is beneficial in determining if a criminal offender has a substance abuse problem and requires treatment.

The challenges associated with the pre sentence report involve the cost of conducting the pre investigation report. The correctional system is extremely overcrowded and is overwhelmed with the high cost of housing and feeding criminal inmates and the courts are overwhelmed with the high cost of trying these offenders. The pre sentence investigation is an additional cost the courts and correctional system incur and cannot afford. Secondly the pre investigation report allows guilty offenders to get greater consideration for the crime especially when evidence not allowed in a court is considered in the judge’s decision.

The pre sentence report serves as a decision making guide for a judge and members of the correctional department (Alarid, 2010). It allows the court to make an informed decision on sentencing. Some guilty offenders are less culpable than others while others deserve harsher prison sentences. The court relies on this report to determine release dates and to make fair decisions on the type of sentence the guilty offender should receive for the crime. Judges are already restricted in the decision making process due to sentencing guidelines, the pre sentence report allows a personal face to be put on the guilty offender. This way sentences are not too harsh or too light.

References

Alarid, L. (2010). Attorney Perspectives and Decisions on the Presentence Investigation Report

A Research Note. Retrieved May 21, 2013 from

http://cjp.sagepub.com/content/21/1/119.abstract

Murrell, J. (2008). The Alternative Defense Pre Sentence Investigation Report: Tempering Harsh

State Sentencing Recommendations. Retrieved May 21, 2013 from

http://www.wisspd.org/htm/ATPracGuides/WisDef/WinSp10/TAD.pdf

United States Probation Office. (2011). What Is Presentence Investigation? Retrieved May 21,

2013 from http://www.miep.uscourts.gov/WhatIsPresentenceInvestigation.cfm