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NCJRS Abstract

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NCJ Number: 34997 Find in a Library
Title: RECENT DEVELOPMENTS IN THE CONFIDENTIALITY OF PRE-SENTENCE REPORTS
Journal: ALBANY LAW REVIEW  Volume:40  Issue:3  Dated:(1976)  Pages:619-645
Author(s): R BRAZILL
Corporate Author: Union University
Albany Law School
United States of America
Date Published: 1976
Page Count: 27
Sponsoring Agency: Union University
Albany, NY 12208
Format: Article
Language: English
Country: United States of America
Annotation: THIS NOTE EXPLORES THE PROBLEMS AND POLICY CONSIDERATIONS SURROUNDING THE DECISION OF WHETHER TO FURNISH THE DEFENSE WITH THE PRE-SENTENCE REPORT FOR FACTUAL VERIFICATION OR EXPLANATION PRIOR TO SENTENCING.
Abstract: THE CONFIDENTIALITY OF PRE-SENTENCE REPORTS IS A COMPLEX ISSUE. THE AUTHOR NOTES THAT BASICALLY, THE PROBLEM CENTERS AROUND WHETHER A DEFENDANT HAS THE RIGHT TO INSPECT AND COMMENT ON THE REPORT WHICH A COURT CONSIDERS BEFORE IMPOSING SENTENCE. EXPANSION OF THE CONCEPTS OF PROCEDURAL DUE PROCESS AND ADVERSARIAL RIGHTS HAS PROMPTED CONSIDERABLE REEVALUATION OF CONFIDENTIALITY IN RECENT YEARS. POLICY ISSUES RELATING TO DISCLOSURE ARE FIRST DISCUSSED. AMONG THE CONSIDERATIONS EXAMINED ARE: THE EFFECT OF DISCLOSURE ON THE AVAILABILITY OF SOURCES OF INFORMATION; THE EFFECT OF DISCLOSURE ON PROBATION DEPARTMENT OPERATIONS; THE PROBABLE EFFECT ON COURT DELAYS; AND THE POSSIBLE REHABILITATIVE EFFECTS OF DISCLOSURE. SEVERAL SUPREME COURT DECISIONS RELEVANT TO THE CONSTITUTIONAL RAMIFICATIONS OF CONFIDENTIALITY ARE ALSO EXAMINED. FINALLY, THE NOTE REPORTS ON RECENT DEVELOPMENTS IN THIS AREA IN BOTH THE FEDERAL SYSTEM AND NEW YORK STATE. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Defense; Defense counsel; New York; Policy analysis; Presentence investigations; Pretrial discovery; Right to Due Process; Rights of the accused
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=34997

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