Developing a Pre-sentence Investigation - Term Paper Example

Developing a Pre-Sentence Investigation Report Interview Guide Introduction Booking and sentencing a law breaker is a routine part of a law enforcement officer’s duty. However there has be to some evidence or suspicion that the offender has broken the law or is worthy of suspicion. Charging a person with a crime is a serious event- it has legal implications and will also appear on his public records. This is why a pre-sentencing investigation report and interview is important from the point of view of law enforcement. It may also be examined by the Courts of Law or the offender’s legal representative. It details the circumstances of the arrest, the evidence or suspicion that led the officer to book the suspect, the crime of offense he or she is charged with, and the events after the suspect has been booked. Discussion The pre-sentence investigation report is usually prepared by the arresting or investigating officer once the defendant/ suspect or offender is at the police precinct. This document is usually presented before a judge in the course of the hearings that may transpire in the event the accused is found guilty of the crimes for which he has been booked. This is a legal requirement. The pre-sentence investigation report is the outcome of an interview between the defendant and the investigating officer and usually includes basic information about the defendant as well as the circumstances of the arrest and the crime of which he is being charged. A typical pre-sentence report would include the following details: a. A description of the offense and the circumstances surrounding it; b. Whether it is a first time offense or not; c. A brief social history of the accused- name, age, sex, education, marital status, address and length of residence in that community; d. A brief description of the defendant’s work history, financial status, present employment status, vocational background and military record if any; e. Description of prior criminal convictions including juvenile adjudications; f. Medical history, substance abuse history, instances of psychological counseling and rehabilitation efforts; g. Description of physical harm caused by the defendant, restitution needs of the victims and of the defendant himself, if any; h. Statement made by the defendant, if any; i. Statements made by the victims or witnesses at the crime scene. We will now proceed to the preparation of a pre-sentence report questionnaire and its relevant details. Presentence Report Questionnaire 1. Offense Defendant's Version Q. 1. Could you please describe in your own words- what you were doing at the scene of the crime at the time of your arrest? Q. 2. Are there any witnesses or evidence to prove that what you say is true? How can we establish this? The first question allows the defendant to tell his story or his version of the events in a completely open and unbiased manner. This is especially if the arresting officer is not the one who is interviewing the defendant. However the arresting officer’ s version of these events are also as important, if not more, as the defendant usually lies to protect himself and his real intentions. The second question allows the defendant to establish his version of the events and prove them by any evidential means possible. In a minority of cases, the arresting officer may be wrong or make an incorrect arrest depending on the circumstances, just to diffuse social tension or deal with the situation. That is why it is also important sometimes, where possible, to revisit the scene of the crime and try to contact any persons or witnesses who were there at the time the crime was committed or frequent the location or work there in the normal course of events. These witnesses or onlookers can provide invaluable clues as to the events that occurred (cjcj.org website, 2011) 2. Prior Record Juvenile Adjudications Q. 3. Is this your first offence or have you ever been arrested before for any kind of crime? Please understand that your prior records will be checked for any previous convictions or arrests made, even before the age of 18 years. Adult Arrests Q. 4. Kindly also let us know whether or not you have ever been arrested for a crime committed since you were 18 years old. Please understand that your prior records will be checked in any case for any previous convictions or arrests made. Adult Convictions Q. 5. Have you ever received a jail sentence or been presented before a Court of Law in regard to any kind of crimes committed by you since the age of 18 years old? Please understand that your prior records will be checked in any case for any previous convictions or arrests made. These questions give the defendant an opportunity to come clear with any previous crimes committed, arrests or convictions in their lives. Telling the truth here will aid in police profiling and could also result in leniency of treatment for the current situation. 3. Personal and Family Data Defendant Q. 6. What is your full name, date of birth and place of birth as can be identified from personal identification records? Do you have any kind of personal ID on you, like your Social Security Card or Passport that can be used for this purpose? This question allows the defendant to establish his true and verifiable identity based upon the authenticity of the documents provided. In a few cases, arrests may mistakenly be made at sight, based on just a visual description of height, weight and skin color of who the police are looking for. These are at best estimates. The police might make these arrests to relieve pressure or control street crime or just show that they are in charge. Innocent people could also be arrested at such times- just because they were in the wrong place at the wrong time. Parents and Siblings Q. 6. Please state the names of your father and mother for the record. How many brothers and sisters do you have? How many are living or dead? Have any of them ever been in trouble with the Law? What are the details you could provide in this connection? Though it is not always true, sometimes crime becomes a family affair. People can be coached in crime by older siblings or even parents. In this case, knowing previous records of the crimes committed and their nature and seriousness can be beneficial in profiling (cjcj.org website, 2011). Marital Q.7. Are you at this moment single, married, divorced or in a relationship? What is the name and address of your spouse or significant partner? Will he or she be willing and able to vouch for your bonafides and character if needed? Especially in cases of arrests due to mistaken identity, this could be an invaluable aid in proving the innocence and bonafide character of a suspect or defendant. In some cases, it can even serve as an alibi if the defendant was placed with the partner or far from the scene of the crime when it was committed. Education Q. 8. Please state the last or highest education qualification that you have, or last educational institution attended and year of leaving or qualifying? Do you remember the name of the principal or any of the teachers there and the subject they taught? There is traditionally a correlation between crime and the level of education attained. Blue collar crimes are committed by low income groups. White collar crimes are the exclusive privilege of corporate leaders or key management personnel. Showing that one is educated and is remorseful for crimes committed and wants to make amends and put the unfortunate event behind him or her can result in less severe sentencing. Employment Q. 9. Are you currently working or not? Please state the name, address and contact details of your present employer. What is your position at work and when did you join the firm? Can you give us the names of at least 2 people who can vouch for your character? Q. 10. If not currently working, when were you last employed and where? What was the name and address of your last employer? What kind of work do you normally do? Can you give us the names of at least 2 people who can vouch for your character? Criminal history has shown that most crimes are connected to the defendant’s economic, financial or marital situation. It is quite likely that a crime was pre-meditated, although crimes of passion or convenient circumstances presenting an opportunity cannot be ruled out. A defendant’s basic character is an invaluable aid to leniency of sentencing even if proven guilty for first offenses. Health      Physical Q. 11. Please state if you were intoxicated or under the influence of drugs or alcohol or other chemical substances at the time of your arrest. Also give details of any medical conditions you have and if taking or prescribed any medications by your doctor? Also give us the name, address and contact numbers of your present doctor. This question establishes whether the accused was in full command of his faculties at the time of his arrest. Sometimes medication has been known to cause problematic behavior leading to an arrest. At other times it interferes with coherence and concentration, much like drugs and alcohol. The physical condition of the defendant and his demeanor as noted by witnesses or the arresting officer are also important to substantiate or nullify his claims in this connection. Letting a defendant off where a crime committed results in the removal or heavy belongings that could clearly not have been handled by the accused independently is one example where physical health absolves a defendant of blame.      Mental and Emotional Q. 12. Do you regard yourself to be mentally and emotionally fit at the present time? What about the time when you were arrested? Have you ever had a record of mental or emotional instability needing treatment or medication? Are you taking any such medication at the moment? How long ago was your last diagnosis and treatment and for what? Drug/Alcohol Use Q. 13. Were you intoxicated or under the influence of drugs or alcohol or other chemical substances at the time of your arrest? Please note that the statements of witnesses and your arresting officer will also be reviewed in this connection. Please also state if you have any prior convictions or arrests for possession and use of controlled and illegal substances. As noted above, stress and financial or emotional difficulties can contribute to crime. Sometimes these lead a defendant to do what he would not under normal circumstances. A history of substance abuse and previous arrests will only exacerbate circumstances of domestic violence or petty thievery. Military Services Q. 14. Have you ever served in the military of this country or elsewhere, or undergone military training? If so, when and where? What was the name of your unit and commanding officer? If retired, what was your date or year of release? Have you ever seen actual combat- where and in what capacity? It is known that veterans of combat undergo episodes of stress and difficulty in later life as they might have dreams, hallucinations and other medical and psychological conditions that can impact on their leading a normal and composed life thereafter. Sometimes an unfortunate situation can be triggered leading to an unwarranted event. A kid yelling down an aisle at the supermarket can trigger memories of kids screaming obscenities in Afghanistan or Iraq. We should however deal with such situations with the finesse and sensitivity they deserve. Financial Condition      Assets Q. 15. Do you currently have a house, a car or a credit card? Where do you currently reside? What is the estimated value of your mortgage and automobile?      Liabilities Q. 16. What liabilities do you currently have in the shape of your house rent payments, loan payments, credit card dues, fees and the like? What is the total value of these liabilities and the payments you make per month? Sometimes, defendants are let off on bail. At other times, fines and penalties can be imposed by judges for crimes committed. Knowing a defendant’s net worth and financial circumstances can be an aid in these instances. A Listing and Brief Description of the Types of Documents I will need to Review in Order to Verify the Information Gathered through the Questionnaire 1. Report made by the Arresting Officer. 2. Witnesses Statements if any. 3. Statement made by the Accused if any. 4. History of Previous Arrests and Convictions if any, from Police Records Database as a Juvenile. 5. History of Previous Arrests and Convictions if any, from Police Records Database as an Adult. 6. Medical, Emotional and Psychological History from Doctor’s Files. 7. History of Rehabilitation Efforts if any, including present treatment. 8. Personal Identification Records, Social Security Card, Passport. 9. Record of Military Duty or Training, Commencement and Release Dates. 10. Record of Combat Duties Attended, Where and in What Capacity. 11. Record of Schools, Colleges and Universities Attended, When and Where, including Degrees/ Diplomas Obtained. 12. Record of Employment, When and Where, In What Capacity from Employers. 13. Record of Character from two bankable and verifiable witnesses of good standing. 14. Record of Birth, Marriage and Children from Local Church. 15. Record of Family members from Local Church or State Public Records Database. 16. Mortgage, Loan, Credit Card and Auto-loan and Insurance Records for Assets and Liabilities. References Author Unknown (n.d.) Center on Juvenile and Criminal Justice. The History of the Pre-Sentence Investigation Report. Accessed on 20 Dec 2011 at http://www.cjcj.org/files/the_history.pdf Read More