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Defense PSI and the Realities of Sentencing (From Sentencing Defense Manual, P 4-1 to 4-85, 1988, by Marcia G Shein -- See NCJ-115227)

NCJ Number
115230
Author(s)
M G Shein
Date Published
1988
Length
85 pages
Annotation
This chapter examines the nature, purpose, scope, and uses of the defense presentence investigation report (PSI).
Abstract
The defense PSI provides the defense attorney with the means to highlight mitigating case factors, balance aggravating factors, and counter the thrust of the Government's PSI. It provides the judge with a view of the offender in a broader context that facilitates a more informed sentencing decision. Finally, it provides the defendant with an opportunity to be seen as an individual outside the context of, but in relation to, the instant offense. The defense PSI consists of opening comments; information on the defendant's developmental, educational, employment, marital, medical, and military history; documentation of community involvement and community support; technical information related to the defendant's parole risk, salient factor score, and offense severity rating; and a summary with sentencing recommendations. Finally, statistical data can be included to support technical aspects of the case. Examples of these components are provided, and the effectiveness of the defense PSI is illustrated in specific cases. A summary of sentencing averages for specific offenses, and guidelines for defense advocacy tactics related to the preparation and presentation of the PSI are provided. 56 footnotes.