Chapter 3Sentencing and the Presentence

Investigation Report

Philosophy of Community Corrections

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

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

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

Sentencing Guidelines, cont. Presumptive sentencing guidelines

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

Punishment Units is a system tried by Oregon that converted sentences into predefined unit numbers

Sentencing Commissions Sentencing commissions exist in about half

the states and the federal government and monitor the judicial use of the guidelines

The commissions are responsible for evaluating and revising the guidelines as appropriate

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

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

Conditions of Community Corrections, cont. Supervision conditions must be

constitutional The government must establish a

“compelling state interest” First Amendment rights of religion, speech,

assembly, press, and the right to petition the government for redress of grievances

Searches and seizures The privilege against self-incrimination

The Presentence Investigation Report The PSI is a document prepared by a

probation officer to aid judges in the sentencing decision, and 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

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

Contents of the PSI Report A Victim Impact Statement is required in all

federal and most state PSIs Includes physical injuries and emotional and

psychological toll on victim and victim’s family

Federal PSIs must include the defendant’s ability to pay fines and restitution

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

Legal Issues Concerning the PSI Report

Disclosure Inaccuracies Hearsay The Exclusionary Rule The Miranda Warning The right to a lawyer