What do you say in a pre-sentence report?

What do you say in a pre-sentence report?

A PSR must be as objective as possible and for this reason typically consists of:

• a summary of the facts of the case.
• an expert risk and needs assessment about the individual circumstances of the offender and the offence(s) committed.
• an analysis of the sentencing options, with an independent sentence proposal.

What is the purpose of a pre-sentence report?

The presentence report gives you a chance to show the sentencing judge why a lesser sentence is merited in your case. Especially in felony and more serious misdemeanor cases, judges typically rely on presentence reports, prepared by probation officers, in making sentencing decisions.

Do judges listen to pre sentence reports?

The judge will listen to both sides and each side may present evidence to bolster its position. If the judge chooses not to order the probation officer to correct a PSR, the defense attorney may ask the judge to make specific findings in the commitment order, and also in a Statement of Reasons for the sentence.

What is a pre-sentence report from probation?

A pre-sentence report is a document written by a probation officer following an interview with you. A pre-sentence report will suggest the most appropriate sentence for the committed offence and make recommendations to the sentencing court.

Does a good pre-sentence report help?

If you pleaded guilty to an offence, or were found guilty after trial, the Court may request a pre-sentence report (PSR). Whilst the delay in your sentencing is understandably frustrating, this report may well be extremely beneficial to you.

What happens in a pre sentence investigation?

A presentence investigation report (PSIR) is a legal document that presents the findings an investigation into the “legal and social background” of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence.

What happens at a pre sentencing hearing?

The pre-sentence investigation may consider the defendant’s prior criminal record, family situation, health, work record, and any other relevant factor. In most states and in the federal courts, only the judge determines the sentence to be imposed.

What happens at a pre sentencing interview?

The probation officer will ask you about, among other things: your childhood, any abuse you have gone through, family members and their support of you, places you have lived, marriages, divorces, children, medical history, mental health, education, military service, any drug problems, your past arrests and convictions.

What does a judge look at when sentencing?

For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

How does the judge use a presentence investigation report?

How Does the Judge Use a Presentence Investigation Report? The purpose of the PSI report is for the judge to have all the information necessary to come up with the proper sentence for the defendant. For this reason, the judge will review the report before the sentencing hearing begins.

Are pre sentence reports mandatory?

Legal basis The court has a duty to obtain a pre-sentence report before considering community or custodial sentences unless it decides such a report is unnecessary. The process also preserves the taking of a guilty plea by the court, following a clear acknowledgement of guilt.

How long does pre-sentence report take?

Standard Delivery report which requires a three week adjournment is usually used for high risk of harm and serious complex cases. It includes a thorough risk assessment and detailed sentence plan. Interviews are up to two hours long and take place at the probation office.

Can a youth court consider a pre sentence report?

(6) Before imposing a custodial sentence under section 42 (youth sentences), a youth justice court shall consider a pre-sentence report and any sentencing proposal made by the young person or his or her counsel.

What does a pre sentence investigation report do?

A Pre-sentence Investigation Report provides the sentencing judge information concerning the defendant’s life and offense circumstances and provides the judge with relevant information on which to base a sentencing decision. It also reflects the professional judgment of and assessment by the DOC regarding risk management of the defendant.

When did the presentence report change its format?

Radical changes in the content and format of the presentence report were necessary to accommodate the new sentencing process. In September 1987, Publication 107, Presentence Investigation Reports Under the Sentencing Reform Act of 1984, was issued setting forth the revised format of the presentence report.

What are the goals of the presentence report?

It relies upon the judgment and years of experience of those who produce or work with the presentence report on a daily basis. The guidance offered in this document supports the goals of assisting judicial officers in making sentencing decisions and assisting corrections and community corrections officials in supervising offenders.