SENTENCING - THE USE OF PSYCHIATRIC INFORMATION AND PRESENTENCE REPORTS

• NCJ Number: 6803
• Journal: Kentucky Law Journal Volume: 60 Issue: 2 Dated: (WINTER 1972) Pages: 285-321
• Author(s): R B CAMPBELL
• Date Published: 1972
• Length: 37 pages
• Corporate Author: University of Kentucky
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ABSENCE OF PSYCHIATRIC INFORMATION ON CRIMINAL DEFENDANTS IS VIEWED AS AN OBVIOUS FLAW IN PRESENTENCE REPORTS WHICH ARE RELIED UPON BY SENTENCING JUDGES.

Abstract

TO FILL THIS VOID, SOME JURISDICTIONS HAVE INSTITUTED A SYSTEM OF PSYCHIATRIC COURT CLINICS WHICH MAKE AVAILABLE TO THE COURT PSYCHIATRIC FACILITIES. HOWEVER, EVEN WHERE PRESENTENCE REPORTS REFLECT PSYCHIATRIC DATA, THE USE OF SUCH INFORMATION PRESENTS MANY PROBLEMS. FOR EXAMPLE, THE PSYCHIATRIC INFORMATION BROUGHT BEFORE THE SENTENCING JUDGE IS SELDOM DISCLOSED TO THE DEFENDANT, AND EVEN WHEN DISCLOSURE IS PERMITTED, SUCH INFORMATION IS DIFFICULT TO CHALLENGE. THIS ARTICLE EXPLORES THE PROBLEMS ENCOUNTERED BY THE USE OF PSYCHIATRIC DATA AT THE SENTENCING STAGE OF A CRIMINAL TRIAL, AND EXAMINES THE DEFENDANT'S RIGHT TO CONTROVERT PSYCHIATRIC FINDINGS CONTAINED IN PRESENTENCE REPORTS.