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Attitudes and Practices of Federal Probation Officers Toward Pre-Plea/Trial Investigative Report Policy

NCJ Number
156332
Journal
Crime and Delinquency Volume: 41 Issue: 3 Dated: (July 1995) Pages: 364-377
Author(s)
M M Lanier; C H Miller III
Date Published
1995
Length
14 pages
Annotation
Ninety-six chief Federal probation officers were surveyed to measure the feasibility of preparing pre- sentencing reports prior to the court's acceptance of a plea agreement, because defendants currently lack access to the reports used by Federal courts to determine the length of the sentence.
Abstract
Under the system of pre-sentence investigations, many offenders have received sentences longer than what was anticipated in plea negotiations. The survey received a 68 percent response rate. Results provided a strong indication of practices and attitudes. Findings provided strong support for the view that pre-sentence reports do not work to the advantage of defendants. Despite the increased work associated with a system of pre-plea reports, some support does exist for the concept. In addition, most participants acknowledged that such a system would be beneficial to defendants. Such a system would assist in achieving the due process fundamental fairness concept as articulated in the original goals of the Sentencing Reform Act of 1984. Additional research among other Federal court personnel is needed to determine further the extent of the problem and to explore this policy option. Tables, notes, and 10 references (Author abstract modified)