AMENABILITY OF FEDERAL PROBATION OFFICERS TO COURT PROCESS WITH RESPECT TO PRESENTENCE AND PROBATION REPORTS

• NCJ Number: 31905
• Author(s): E L REID; C H IMLAY
• Date Published: 1976
• Length: 16 pages
• Corporate Author: Administrative Office of the United States Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

POLICY STATEMENT ON THE CONFIDENTIALITY OF PRESENTENCE REPORTS AND PROBATION RECORDS AS WELL AS THE PERSONAL KNOWLEDGE GAINED BY PROBATION OFFICERS IN PREPARING SUCH REPORTS AND RECORDS.

Abstract

THIS MEMORANDUM TO ALL UNITED STATES PROBATION OFFICERS, PREPARED BY THE GENERAL COUNSEL'S OFFICE, CONCLUDES THAT PRESENTENCE REPORTS, BY VIRTUE OF THEIR REQUISITE CONFIDENTIALITY, ARE PRIVILEGED FROM NON-DISCLOSURE AND SHOULD NOT BE AVAILABLE TO CO-DEFENDANTS, TO PARTIES IN A CIVIL SUIT, OR TO ANY OTHER THIRD PARTIES. LIKEWISE, PROBATION REPORTS, MADE FOR THE BENEFIT OF THE SENTENCING COURT, SHOULD NOT BE DIVULGED TO THIRD PARTIES. IT ADDS THAT ONLY UPON A SHOWING THAT FUNDAMENTAL FAIRNESS MANDATES DISCLOSURE AND ONLY WITH THE SENTENCING COURT'S PERMISSION SHOULD PRESENTENCE REPORTS OR PROBATIONARY INFORMATION BE DIVULGED TO THIRD PARTIES. (AUTHOR ABSTRACT MODIFIED)