NCJ Number
186868
Journal
Federal Probation Volume: 64 Issue: 2 Dated: December 2000 Pages: 47-51
Editor(s)
Timothy P. Cadigan,
Ellen Wilson Fielding
Date Published
2000
Length
5 pages
Annotation
Utah primarily uses an indeterminate sentencing system in conjunction with mandatory minimum sentences for a limited number of heinous offenses, and a pre-sentence investigation (PSI) report is required by statute for all felony offenses and for selected classes of serious misdemeanor offenses.
Abstract
The PSI report contains a non-binding sentencing recommendation from the probation department. The probation officer who prepares the PSI report determines the recommended sentence by applying a voluntary sentencing guideline system to individual cases. Sentencing guidelines are calculated by combining offense seriousness with the defendant's past criminal record, and a matrix system is then used to arrive at the appropriate sentence. The sentencing guideline system includes a list of aggravating and mitigating factors that are used by probation staff to adjust the severity of the recommended sentence. To examine attitudes of judges, prosecutors, public defenders, and probation and parole officers toward specific issues related to sentencing recommendations and the sentencing guideline system, questionnaires were administered to 378 respondents in April 1999, and responses were received from 227 individuals, for a response rate of 60 percent. Most respondents believed judges followed the sentencing recommendation, did not support removing the sentencing recommendation from the PSI report, considered the sentencing recommendation appropriate in most cases, perceived the sentencing recommendation was not related to judicial philosophy, believed the sentencing guideline system reduced sentencing disparity, and found conformity between sentencing recommendations and sentences imposed. 16 references and 1 table