LAWYER AND THE ACCURACY OF THE PRESENTENCE REPORT

• NCJ Number: 61974
• Journal: Federal Probation Volume: 43 Issue: 2 Dated: (JUNE 1979) Pages: 28-38
• Author(s): W DICKEY
• Date Published: 1979
• Length: 11 pages
• Corporate Author: Administrative Office of the United States Courts
• Sale Source: National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A WISCONSIN STUDY TO DETERMINE THE EXTENT TO WHICH EFFORTS ARE MADE TO ENSURE ACCURACY OF PRESENTENCE INFORMATION IS DISCUSSED; GENERAL OBSERVATIONS REGARDING REPORT USE AND ADEQUACY ARE INCLUDED.

Abstract

DATA UTILIZED IN THE STUDY WERE OBTAINED FROM THE UNIVERSITY OF WISCONSIN LAW SCHOOL LEGAL ASSISTANCE TO INSTITUTIONALIZED PERSONS PROGRAM; THE PROGRAM ASSISTS INMATES IN THE RESOLUTION OF THEIR LEGAL PROBLEMS. IN THIS STUDY, 80 INMATES WERE INTERVIEWED INTENSIVELY ABOUT THE PRESENTENCE REPORT; THE PURPOSE OF THE INTERVIEWS WAS TO FIND OUT HOW MANY INMATES HAD READ THE REPORTS AND DISCUSSED THEM WITH THEIR ATTORNEYS. IN WISCONSIN, THE SENTENCING COURT HAS THE DISCRETION TO DIRECT THAT A PRESENTENCE REPORT BE PREPARED. THE REPORT IS AN IMPORTANT INSTRUMENT IN DECISIONMAKING AFTER SENTENCING AND THE PROSECUTOR IS OFTEN INFLUENCED BY THE REPORT RECOMMENDATION AND UNDERLYING INFORMATION. TYPICALLY, THE REPORT IS PREPARED BY AN AGENT OF THE BUREAU OF PROBATION AND PAROLE WHO IS ASSIGNED SUPERVISION OF THE OFFENDER. INFORMATION IS GATHERED FROM THE COURT FILE, VICTIM INTERVIEW, WITNESS INTERVIEWS, AND POLICE AND PUBLIC AGENCY RECORDS. SECURITY CLASSIFICATION OF THE INMATE AND PAROLE CONSIDERATIONS ARE INFLUENCED SIGNIFICANTLY BY THE REPORT. DESPITE ITS ACKNOWLEDGED IMPORTANCE, HOWEVER, THE STUDY SHOWED THAT INSUFFICIENT ATTENTION IS GIVEN TO ENSURING THAT THE PRESENTENCE REPORT IS ACCURATE AND ADEQUATE. A SIGNIFICANT NUMBER OF WISCONSIN LAWYERS NEITHER READ THE REPORT NOR SHARED IT WITH THEIR CLIENTS. MANY CLIENTS BELIEVED THAT THE REPORT WAS INACCURATE AND THAT THEY WERE ADVERSELY AFFECTED BY IT. IN ADDITION, EVEN WHEN INACCURACIES WERE ACKNOWLEDGED, THEY WERE NOT ALWAYS CORRECTED. IT IS RECOMMENDED THAT ATTENTION BE GIVEN BY THE WISCONSIN LEGISLATURE AND APPROPRIATE RULEMAKING BODIES OF OTHER JURISDICTIONS TO CORRECT THE PROBLEMS IDENTIFIED WITH THE PRESENTENCE REPORT. FOOTNOTES ARE INCLUDED. (LWM)