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What To Put in a Pre-Sentence Report

NCJ Number
114433
Journal
Practical Lawyer Volume: 34 Issue: 4 Dated: (June 1988) Pages: 29-36
Author(s)
A J Colleluori
Date Published
1988
Length
8 pages
Annotation
Because the quality of the sentencing report has a significant influence on the sentencing outcome, attorneys should begin its preparation at the start of the case by collecting all pertinent information and documentation.
Abstract
The lawyer may wish to hire an investigator to research the defendant's background. Family and educational records should be examined for proof of mental illness and learning or social disabilities. Someone on the defense team should speak to the victim about 'helping society' by advocating help for the defendant. The report also should include a sentencing plan that addresses rehabilitation needs such as drug treatment, community service, or vocational training. Depending on the crime, its motivation, and the defendant's age, the attorney may wish to obtain a psychiatric report evaluating the information about the investigation and client interview. When incarceration is inevitable, the attorney should recommend an exact sentence length that would be agreeable to both the client and the court. The final report should discuss the client's cooperation with authorities, family life, educational and employment history, community impact statement, medical needs, and treatment and rehabilitation plan. In addition, the attorney should prepare the client for the probation department's presentencing investigation.