What is a pre-sentence investigation report?

What is a Pre-Sentence Investigation Report?

If you or a loved one have been convicted of a crime, a pre-sentence investigation report may be prepared before sentencing. These reports provide judges with critical background information to help determine appropriate sentences.

Pre-sentence reports are prepared by probation officers or parole officers. They contain details on the defendant’s criminal history, social background, employment, finances, health issues and more. This article explains what pre-sentence reports contain, how they impact sentencing and your rights in the process.

Purpose of Pre-Sentence Reports

Pre-sentence reports serve several key purposes:

• Provide a complete profile of the defendant for the judge.
• Make sentencing recommendations with supporting rationale.
• Give all sides information to argue for preferred sentences.
• Allow judges to make fully informed sentencing decisions.

Pre-sentence reports aim to give the court a 360-degree view of the defendant as an individual.

What Do Pre-Sentence Reports Contain?

While contents vary by jurisdiction, pre-sentence reports typically contain:

• Defendant’s criminal history – Prior convictions, parole/probation status, pending charges.
• Victim impact statement – Harm suffered by victims.
• Defendant’s background – Family, upbringing, education, employment, finances.
• Defendant’s physical/mental health – Health issues, addictions, treatment history.
• Sentencing guidelines analysis – Recommended and statutory sentence ranges.
• Sentencing recommendations – Probation, incarceration, fines, restitution, etc.

Pre-sentence reports aim to provide a holistic view of the defendant’s life and background.

Interview With the Defendant

A key part of the pre-sentence investigation involves an interview with the defendant. Topics typically include:

• Defendant’s version of the offense.
• Impact of crime on victims.
• Defendant’s remorse or lack thereof.
• Defendant’s social and economic background.
• Defendant’s physical/mental health.
• Defendant’s addictions and treatment history.

Honesty in the pre-sentence interview benefits the defendant. Lies and omissions can damage credibility.

Review of Case Documents

In preparing the report, probation officers also review key case documents like:

• Charging documents.
• Plea agreement.
• Trial transcripts.
• Defense/prosecution sentencing briefs.
• Victim impact statements.
• Defendant’s criminal record.

Reviewing the court file provides context from both sides on the circumstances of the crime.

Confidential vs. Non-Confidential Information

Pre-sentence reports typically contain two sections:

• Non-confidential – Facts of the crime, criminal history, guidelines, etc.
• Confidential – Sensitive personal data, mental health, family, etc.

Confidential sections aim to protect private information not directly relevant to sentencing.

Disclosure of Pre-Sentence Reports

Disclosure rules for pre-sentence reports vary but often:

• Non-confidential sections are disclosed to prosecution and defense.
• Confidential sections are only disclosed to the judge.
• Parties can challenge inaccuracies in the non-confidential sections.
• Confidential sections stay sealed unless defendant consents to disclosure.

Partial disclosure provides transparency while protecting sensitive personal information.

Impact of Pre-Sentence Reports on Sentencing

While not binding, pre-sentence reports heavily influence sentencing decisions. Key impacts:

• Judges rarely depart from probation officer recommendations.
• Negative information about defendant’s character can increase sentence length.
• Documented health issues, addiction, trauma, etc. may mitigate sentence length.
• Poor interview performance by defendant can hurt.
• Remorse and cooperation helps defendant’s cause.

What you say and how you present yourself matters greatly during the pre-sentence investigation.

When Are Pre-Sentence Reports Used?

Pre-sentence reports are typically prepared in the following situations:

• After conviction by guilty plea or trial for felony and serious misdemeanor offenses.
• When the court is considering alternatives to incarceration like probation or community service.
• For juvenile defendants being sentenced in adult court.
• When requested by the judge for sentencing information.

Pre-sentence reports provide in-depth information for complex sentencing decisions.

Right to Review and Contest Pre-Sentence Report

Defendants have these key rights relating to pre-sentence reports:

• Review non-confidential sections of report.
• Contest any inaccurate factual statements.
• Provide additional documentation on personal background.
• Submit written sentencing memorandum to the judge.

Be proactive in presenting your most favorable information to balance negative report contents.

Submitting Letters of Support to Judge

Consider submitting letters of support from:

• Family and friends.
• Employers, teachers, clergy.
• Doctors regarding health issues.
• Counselors regarding treatment and rehabilitation.

Letters humanizing the defendant can help counteract negative information in the report.

Speak to a Lawyer About Pre-Sentence Strategy

Talk to your criminal defense lawyer about optimal strategies for the pre-sentence investigation and sentencing memorandum. An experienced lawyer can help maximize the outcome at sentencing.

While pre-sentence reports are influential, effective advocacy can still positively impact the sentence imposed.

References

[1] https://www.nolo.com/legal-encyclopedia/presentence-investigation-reports.html

[2] https://www.lawyers.com/legal-info/criminal/criminal-law-basics/presentence-reports-can-affect-your-sentence.html

[3] https://www.justice.gov/archives/jm/criminal-resource-manual-325-pre-sentence-investigation-report

[4] https://www.ussc.gov/sites/default/files/pdf/about/overview/Overview_Federal_Criminal_Cases.pdf

[5] https://www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_presentencereports_blk/

[6] https://www.law.cornell.edu/rules/frcrmp/rule_32