NCJ Number
53216
Journal
Canadian Journal of Criminology Volume: 20 Issue: 1 Dated: (1978) Pages: 18-27
Date Published
1978
Length
10 pages
Annotation
THE EFFECTS OF PRESENTENCE REPORTS ON JUDICIAL DISPOSITIONS ARE STUDIED, PROCEEDING WITH THE HYPOTHESIS THAT ELEMENTS RELATED TO REPORT STYLE ARE RESPONSIBLE FOR REPORT ACCEPTANCE OR REJECTION BY THE COURTS.
Abstract
FUNCTIONS OF PRESENTENCE REPORTS INCLUDE ASSISTING INSTITUTIONS IN THE CLASSIFICATION, TREATMENT, AND RELEASE OF OFFENDERS; AIDING PAROLE BOARDS IN THE PERFORMANCE OF THEIR DUTIES; AND ASSISTING PROBATION OFFICERS IN PROBATION AND PAROLE SUPERVISION OF OFFENDERS. THE INFLUENCE EXERTED BY WORDING IN PRESENTENCE REPORTS IS EXAMINED FROM THREE DIFFERENT PERSPECTIVES: FUNCTIONAL AXIS OR STRUCTURE OF WRITING AND ITS USE IN MOTIVATING AN AUDIENCE; SEMANTIC AXIS OR MEANING OF PARTICULAR WORDS TO USERS AND READERS; AND THEMATIC AXIS OR TONE OF WRITING BASED ON THE USE OF WORDS AND PHRASES. WORD ORDERING IS POTENTIALLY RELEVANT TO PERSUASION, AND AMBIGUITY CAN ALSO BE USED TO INCREASE PERSUASION BY ELICITING AUDIENCE PARTICIPATION IN ARRIVING AT CONCLUSIONS RATHER THAN INDUCING AUDIENCE PASSIVITY BY FORMING CONCLUSIONS FOR IT. ACCEPTANCE OR REJECTION OF RECOMMENDATIONS CONTAINED IN PRESENTENCE REPORTS CAN DEPEND, INDEPENDENT OF THE PERSUASIVE POWER OF COMMUNICATION, ON JUDGE ATTITUDES, DIFFERENTIAL VIEWS OF JUDGES ON PROBATION AND INCARCERATION, AND THE SUSCEPTIBILITY OF JUDGES TO PERSUASION AND ON FAMILIARITY BETWEEN PROBATION OFFICERS AND JUDGES. IN A STUDY OF 156 PRESENTENCE REPORTS PREPARED BY THE ADULT PROBATION SERVICE IN MONTREAL, CANADA, THE FOLLOWING CHARACTERISTICS OF REPORTS WERE MEASURED: TWO-SIDEDNESS; WORD INTENSITY; DRAMATIC EFFECTS; REASONING AND LINKAGE; AND LENGTH. IN 67 OR 42.9 PERCENT OF THE REPORTS, PROBATION OFFICER RECOMMENDATIONS WERE FOLLOWED. NO RECOMMENDATIONS HAD BEEN MADE IN 21 OR 13.5 PERCENT OF THE REPORTS. IN 57 CASES WHERE RECOMMENDATIONS WERE NOT FOLLOWED, THE JUDGE PASSED A SENTENCE THAT WAS MORE SEVERE THAN THAT RECOMMENDED. THE PROBATION OFFICER WAS LESS LENIENT THAN THE JUDGE IN 20 CASES. REPORTS CONCERNING PROPERTY OFFENDERS WERE MORE LIKELY TO HAVE THEIR RECOMMENDATIONS FOLLOWED BY THE JUDGE THAN REPORTS INVOLVING VIOLENT OR MORAL OFFENSES. WITH THE RELUCTANCE OF JUDGES TO ACCEPT RECOMMENDATIONS, THERE WAS AN INCREASING TENDENCY OVER TIME FOR PROBATION OFFICERS TO REFRAIN FROM MAKING RECOMMENDATIONS. A TABLE PRESENTS THE MEAN SCORES THAT RESULTED FROM A STATISTICAL ANALYSIS OF THE DATA. IN CERTAIN CATEGORIES, THE FIGURES OBTAINED ARE OPPOSITE TO THOSE HYPOTHESIZED, AND THE DIFFERENCES ARE ATTRIBUTABLE TO CHANCE OCCURRENCES. THE ADVANTAGE OF USING A STANDARDIZED QUESTIONNAIRE IN REPORT PREPARATION IS DISCUSSED. SUPPORTING DATA ON THE PRESENTENCE REPORT STUDY ARE TABULATED. NOTES ARE INCLUDED. (DEP)