1 / 18

Chapter 3

Chapter 3 . Sentencing and the Presentence Investigation Report. Philosophy of Community Corrections.

ulema
Download Presentation

Chapter 3

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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, Con’t. • 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

  9. Conditions of Community Corrections, Con’t. • 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, Con’t. • 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 probationer’s 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 Amendment’s 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. 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 Contents of the PSI Report

  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 victim’s family. • A breakdown of the victim’s 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

More Related