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INDIVIDUALIZED SENTENCING AND THE USE OF SOCIAL INQUIRY (PRESENTENCE) REPORTS IN ENGLAND

NCJ Number
55179
Author(s)
K B SHROFF
Date Published
1978
Length
23 pages
Annotation
THE EVOLUTION OF THE SOCIAL INQUIRY REPORT (S.I.R.) IS TRACED AND THE CONSEQUENCES OF ITS EXTENSIVE USE AS PART OF THE SENTENCING PROCEDURE ARE EXAMINED. A REAPPRAISAL OF THE SYSTEM USED TO PREPARE S.I.R.'S IS RECOMMENDED.
Abstract
TRADITIONAL SENTENCING POLICY IN ENGLAND WAS BASED ON A SYSTEM KNOWN AS 'THE TARIFF,' WHICH FIXED A SENTENCE PROPORTIONATE TO THE OFFENDER'S CULPABILITY. THE ONLY INFORMATION THE COURT NEEDED WAS THE NATURE OF THE OFFENSE AND THE DEFENDANT'S PREVIOUS CRIMINAL HISTORY. INDIVIDUALIZATION OF SENTENCING AND THE WIDE RANGE OF OPTIONS FROM WHICH A COURT MAY NOW CHOOSE HAVE GREATLY EXPANDED THE INFORMATION NEEDED TO DETERMINE A PROPER SENTENCE. THE ANSWER HAS BEEN THE S.I.R., THE USE OF WHICH DATES BACK TO 1907. AT FIRST THE S.I.R. WAS EMPLOYED PRIMARILY WHEN THE COURT WAS CONSIDERING PROBATION, BUT ITS IMPORTANCE HAS EXPANDED UNTIL ABOUT 250,000 ARE PREPARED EACH YEAR. IN THESE REPORTS THE PROBATION DEPARTMENT OFTEN RECOMMENDS A SENTENCE, AND THE COURT USUALLY IMPOSES THE SENTENCE THUS RECOMMENDED. CRITICISMS OF THIS SYSTEM ARE REVIEWED. THE HOME OFFICE DEFENDS THE PRACTICE, POINTING OUT THAT SUCH FACTORS AS EMPLOYMENT RECORD, FAMILY TIES, CONVICTIONS AMONG FAMILY AND FRIENDS, AND LEISURE PURSUITS SIGNIFICANTLY AFFECT RECONVICTION RATES. CRITICS FEEL THE PROBATION DEPARTMENT IS SO OVERBURDENED BY THE REPORTS THAT THE RECOMMENDATIONS ARE SUSPECT. OTHERS QUESTION WHETHER S.I.R.'S SERVE ANY USEFUL PURPOSE WHILE SOME MAINTAIN THAT THEY PREJUDICE THE COURT AGAINST A DEFENDANT. IT IS RECOMMENDED THAT PROBATION OFFICERS BE BETTER TRAINED IN THE PREPARATION OF THESE REPORTS, AND THAT A REAPPRAISAL OF THE ENTIRE SYSTEM BE MADE IN LIGHT OF THE IMPORTANCE THE COURTS ATTACH TO THE S.I.R. REFERENCES ARE APPENDED. (GLR)