NCJ Number
17737
Journal
GEROGETOWN LAW JOURNAL Volume: 58 Issue: 3 Dated: (FEBRUARY 1970) Pages: 451-486
Date Published
1970
Length
36 pages
Annotation
RESULTS OF A FEDERAL JUDICIAL CENTER STUDY UNDERTAKEN TO ASCERTAIN WHETHER THE PRACTICE OF INITIATING PRESENTENCE REPORTS BEFORE DETERMINATION OF GUILT DOES IN FACT CONTRIBUTE TO INCREASED JUDICIAL EFFICIENCY.
Abstract
IN VARYING DEGREES, THE PRACTICE OF CONDUCTING ADVANCE PRESENTENCE INVESTIGATIONS PRIOR TO A DETERMINATION OF GUILT IS FOUND IN MORE THAN ONE-HALF OF THE FEDERAL PROBATION OFFICES. THIS PRACTICE IS MOST PRONOUNCED IN THE SOUTHEASTERN STATES, WHERE AN INVESTIGATION IS COMMENCED EVEN PRIOR TO A DEFENDANT'S INDICATION THAT A PLEA OF GUILTY WILL BE ENTERED; 16 OF THE 25 DISTRICTS EMPLOYING THIS PROCEDURE ARE LOCATED IN THIS REGION. FOR THIS REASON, THE 12 FEDERAL DISTRICTS IN ALABAMA, GEORGIA, KENTUCKY, NORTH CAROLINA, AND SOUTH CAROLINA WERE SELECTED FOR EXTENSIVE FIELD INVESTIGATION. THE U.S. DISTRICT COURT FOR THE DISTRICT OF MARYLAND, WHICH DOES NOT UTILIZE ADVANCE PRESENTENCE REPORTS, WAS ALSO INCLUDED IN THE FIELD STUDY. INFORMATION WAS OBTAINED FROM ALL OTHER JURISDICTIONS BY MEANS OF A QUESTIONNAIRE. THIS ARTICLE CENTERS UPON THE MECHANICS OF ADVANCE PRESENTENCE INVESTIGATION, THE REASONS FOR ITS IMPLEMENTATION, THE ASSOCIATED LEGAL AND PRAGMATIC PROBLEMS INVOLVED, AND RECOMMENDATIONS FOR GREATER COURT EFFICIENCY IN ITS USE. IN ADDITION, THE ROLE OF THE PROBATION OFFICER IS EXAMINED, AND SUGGESTIONS ARE MADE FOR AN EXPANDED USE OF HIS SERVICES IN THE ADMINISTRATION OF CRIMINAL JUSTICE. IT WAS CONCLUDED THAT IN THOSE DISTRICTS THAT HOLD COURT IN RIGID DIVISIONAL TERMS, EARLY COMMENCEMENT OF PRESENTENCE INVESTIGATIONS IS ALMOST ESSENTIAL IF THE PROBATION OFFICER IS TO BOTH DISTRIBUTE HIS WORKLOAD EFFECTIVELY AND INSURE THAT A PRESENTENCE REPORT WILL BE AVAILABLE FOR ALL CRIMINAL DEFENDANTS WHO POTENTIALLY MAY BE SENTENCED DURING A GIVEN DIVISION'S TERM. WHILE THE NECESSITY FOR THIS PROCEDURE IN SUCH DISTRICTS IS OBVIOUS, THE EFFICIENCY OF THE CRIMINAL JUSTICE PROCESS IS AFFECTED ADVERSELY BY CONCOMITANT WASTE, THE MOST NOTABLE EXAMPLE OF WHICH IS CAUSED BY THE PREPARATION OF PRESENTENCE REPORTS THAT ARE NEVER UTILIZED. IT WAS DETERMINED THAT SUCH INEFFICIENCY, HOWEVER, CAN BE EFFECTIVLY ELIMINATED, WITHOUT DRASTICALLY ALTERING THE CURRENT PROCEDURE, BY EXERCISING A HIGHER DEGREE OF SELECTIVITY IN THE PREPARATION OF THESE REPORTS. (AUTHOR ABSTRACT MODIFIED)