Some Thoughts on the Contents of Background Reports on Offenders for the Courts

• NCJ Number: 80046
• Journal: Justitiele verkenningen Issue: 2 Dated: (1979) Pages: 40-48
• Author(s): M J M Brand-Koolen
• Date Published: 1979
• Length: 9 pages
• Sale Source: National Institute of Justice/
• Country: Netherlands

Annotation

The function and basic contents of background reports on offenders for the courts in the Netherlands are outlined.

Abstract

The main purposes of background reports on offenders are to supply justice officers or judges with information vital to sentencing decisions to determine whether the offender needs assistance services. The information in the report must be geared to the individual legal situation, particularly to the seriousness of the crime, the sentencing possibilities, and the circumstances surrounding the offense. Specifically, a report should cover personal data; facts about the reasons for ordering a report; information on the offense situation not contained in the official police report; personal factors such as the offender's physical condition, psychological state, drug or alcohol use, and social situation; information on the offender's family, work, and material circumstances; conclusions; and possibilities for rehabilitative assistance. To make fine decisions, judges must know what the likelihood of recidivism is and whether the offender has extensive problems regarding family situation, drinking habits, or income. For assistance decisions, the report should summarize the real or potential problems of the offender rather than detailing information. Information for sentencing decisions should relate to the current situation of the offender and to the potential consequences of the various sentences under consideration, as well as to relevant personal circumstances. Frequently the social worker must interpret the request of the individual demanding the report because the reasons for the report and the information required are unclear. As a rule of thumb, the investigator should avoid long analyses of deep-going problems. In addition, reports should be composed for readability for the judge, minimum work for the social worker, and the interests of the client. A 5-item bibliography is supplied.