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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.
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.
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.
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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 Harvard Business Review paperback series is designed to bring today's managers and professionals the fundamental information they need to stay competitive in a fast-moving world.
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Include the date of the report, the author's name and contact information in a second block of information on the cover page. Tip. While it may be just a lined piece of paper or a blank web form, a supplemental police report is an official police document, with a case number and signature, used to add additional information to the original police report.
How to Write a Report on a Magazine Article. Writing a report begins with finding an engaging subject that interests the writer and offers a good amount of material that can be expounded upon.
Depending on the topic or magazine afticle you're writing about, you may need to do additional research to support whatever. a Patients could decline to participate at any point in the screening process, including before the telephone eligibility interview; therefore, patients who declined to participate were not necessarily eligible.