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NCJRS Abstract

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NCJ Number: 120278 Add to Shopping cart Find in a Library
Title: Presentence Reports to Judges
Corporate Author: North Carolina Administrative Office of the Courts
United States of America
Project Director: F Freeman
Date Published: 1988
Page Count: 152
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
North Carolina Administrative Office of the Courts
Raleigh, NC 27602
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Report (Technical)
Format: Document
Language: English
Country: United States of America
Annotation: This analysis of the role and use of presentence reports in North Carolina focused on when they should be prepared, who should prepare them, what they should contain, and whether they should be mandatory for any or all cases.
Abstract: The study used information from a review of the State laws and legal issues, case and opinion survey data on the use of presentence reports in parts of 1987 and 1988, and an analysis of presentence reports in Federal courts and other States. Findings indicated that presentence reports should not be immediately mandatory statewide. Instead, a pilot study in certain judicial districts or counties should evaluate the impact of presentence reports on sentencing and the factors affecting differences in impacts. In addition, any plan for mandatory presentence reporting should permit the defendant to waive the requirement or the judge to override it upon a finding that sufficient information is already available. Further recommendations include not making community sentence plans mandatory; expanding the use of community sentences; and giving trial judges the authority to order a presentence investigation before conviction, provided that it cover only information of public or court record and that it not be disclosed to the judge, jury, or district attorney before a verdict is reached, unless the defendant agrees. Data tables, footnotes, and appended forms.
Main Term(s): Presentence studies
Index Term(s): Background investigations; North Carolina; Presentence investigations
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