Purpose of Pre-sentence Investigation - Essay Example

1) What is the purpose of the Pre-sentence Investigation Report? Victim Impact statement? What are some problems with these documents?


The Pre-sentence Investigation report is a report written by a probation agent 
that provides the details of the background, and the character of the defendant to be sentenced. The required information is obtained from the defendant, family members of the defendant, and any other individuals that have had an important role to play in the background of the defendant. The report is written before the sentencing hearing. In the determination of the sentence, the judge uses the report. In case the defendant is sentenced to prison, the report is utilized by the Department of Corrections to determine programming and placement. The report also has a bearing on the date of parole. (1)
The Victim Impact Statement provides the details of the harm or loss caused to the victim as a result of the offense, and the court takes this statement into consideration at the time of sentencing the offender. The purpose of the statement is to provide the victims of crime an opportunity to be heard in the criminal justice system, by participating in the sentencing of the offender in providing to the court and the offender, the impact of the crime on them. (2)
The main problem with the Pre-sentence Investigation Report is that it is prepared by the probation department, and so tends to be done in a routine manner, and biased against the defendant. (3). The main criticism of the Victim Impact Statement is that it has little to do with enhancing the traditional goals of sentencing namely deterrence, incapacitation, rehabilitation, and retribution. Another criticism is that shifting the focus of sentencing from the offender to the victim, it tends to make the process arbitrary. Yet another problem with the statement is the creation of classes of victims, with the eloquence and the social standing of the victim having more to do with the stiffness of the sentence, than the nature of the offense. (4).


2) What are the advantages and disadvantages of each of the ways in which probation may be administered?


The judiciary or the executive administers probation. The administering of probation has two functions namely supervision, to ensure the safety of the community in which the individual on probation is located, and the victim of the crime, and rehabilitation of the individual on probation. The advantage of judiciary-administered probation is that the function of rehabilitation of the individual on probation would be done more effectively, but the supervision is likely to be less effective, because of the amount of workload. The resources of the executive make supervision more effectively undertaken, but rehabilitation is likely to be affected due to lesser concern for it. (5)


3) What are the advantages and disadvantages of probation being administered on a county level on the state level?


The administering of probation at the county level has the advantage of being more effective than state-administered probation. However supervision of individuals on probation put a lot of drain on resources, and some of the counties may not be in a position to provide sufficient resources for adequate supervision, which is essential for the safety of the community, and the victim. The state with a better resource position has an advantage over these counties in ensuring adequate supervision. (6)


4) What elements can affect the granting of probation?


In addition to the Pre-sentence Investigation Report, and the Victim Impact Statement, the elements that influence the granting of probation are whether there was violence involved in the crime, whether the defendant would pose a danger to the community, whether the defendant has made or has expressed willingness to give the victim restitution and the possibility of the victim being partially at fault. (7).


5) How does the quality of supervision provided by a probation agency affect the granting of probation?
Supervision of individuals on parole is an essential factor in the granting of probation. This being the case the quality of supervision assumes importance, and unless adequate quality of supervision is available, it is not likely that probation will be granted. (6) Read More