NCJ Number
34997
Journal
Albany Law Review Volume: 40 Issue: 3 Dated: (1976) Pages: 619-645
Date Published
1976
Length
27 pages
Annotation
THIS NOTE EXPLORES THE PROBLEMS AND POLICY CONSIDERATIONS SURROUNDING THE DECISION OF WHETHER TO FURNISH THE DEFENSE WITH THE PRE-SENTENCE REPORT FOR FACTUAL VERIFICATION OR EXPLANATION PRIOR TO SENTENCING.
Abstract
THE CONFIDENTIALITY OF PRE-SENTENCE REPORTS IS A COMPLEX ISSUE. THE AUTHOR NOTES THAT BASICALLY, THE PROBLEM CENTERS AROUND WHETHER A DEFENDANT HAS THE RIGHT TO INSPECT AND COMMENT ON THE REPORT WHICH A COURT CONSIDERS BEFORE IMPOSING SENTENCE. EXPANSION OF THE CONCEPTS OF PROCEDURAL DUE PROCESS AND ADVERSARIAL RIGHTS HAS PROMPTED CONSIDERABLE REEVALUATION OF CONFIDENTIALITY IN RECENT YEARS. POLICY ISSUES RELATING TO DISCLOSURE ARE FIRST DISCUSSED. AMONG THE CONSIDERATIONS EXAMINED ARE: THE EFFECT OF DISCLOSURE ON THE AVAILABILITY OF SOURCES OF INFORMATION; THE EFFECT OF DISCLOSURE ON PROBATION DEPARTMENT OPERATIONS; THE PROBABLE EFFECT ON COURT DELAYS; AND THE POSSIBLE REHABILITATIVE EFFECTS OF DISCLOSURE. SEVERAL SUPREME COURT DECISIONS RELEVANT TO THE CONSTITUTIONAL RAMIFICATIONS OF CONFIDENTIALITY ARE ALSO EXAMINED. FINALLY, THE NOTE REPORTS ON RECENT DEVELOPMENTS IN THIS AREA IN BOTH THE FEDERAL SYSTEM AND NEW YORK STATE. (AUTHOR ABSTRACT MODIFIED)