Presentence Investigation Essay

Presentence Investigation Report

Presentence investigation (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are justifying circumstances which should improve the sentence or a history of criminal behavior to increase the harshness of the sentence. The PSI “is very critical in the sentencing decision, it provides judges specific factors about the offender that are considered to determine his or her risk to the community.”(Putting Corrections in Perspective) It is also used in determining supervision needs during probation, by prison officials in classifying offenders and determining program, by the people board in making release decisions, and for research

purpose. The report is written by the probation officer of the offender, it is important that the defendant makes a positive impression on the probation officer writing the report. “Pre-sentence reports should be flexible in format, reflecting a difference in the background of different offenders and making the best use of available resources and probation department capabilities.” (Position Statement)
The presentence investigation report began in the 1840’s with the crusading efforts of Boston shoemaker John Augustus.

He believed that the object of the law was to reform criminals and to prevent crime and not to punish cruel or of revenge.”Augustus’s leadership led the Massachusetts legislature to establish the nation’s first probation law in 1878. By authorizing the Mayor of Boston to appoint a member of the police department to serve as a paid probation officer, this statute formalized the practice of extending probation to "such persons as may be reasonably be expected to be reformed without punishment." The law was expanded in 1891 with the creation of an independent state wide probation system. By the time that the National Probation Act was passed in 1925 creating a Federal probation service, the majority of states had probation statutes.”(The History of...) A PSI shall be conducted and a PSI report prepared after the offender has been found guilty of a felony. “As part of the PSI, the field agent shall

verify the offender’s Social Security number and enter the verified number in OMNI for tax reporting purposes. Verification shall be through a Social Security card, payroll record, federal or state tax form, or other means identified by the FOA Deputy Director or designee. If the offender does not have a Social Security number or the number cannot be verified, that shall be noted in the PSI report along with the action taken to attempt verification; the Social Security number itself shall not be included in the PSI report or any other written document or displayed publicly.”(The History of...) The PSI may be conducted and the report prepared prior to adjudication when specifically ordered by the court. The elements of an offender based report includes a summary of the offense, the offender’s role, prior criminal justice involvement, and a social history with an emphasis on family history, employment, education, physical and mental health, financial condition and future prospects. The report has the offender’s background history meaning family history, employment, and mental and physical health. The PSI is to investigate the offender’s background. If the court finds during sentencing that the PSI report contains information which is inaccurate or irrelevant, the inaccurate or irrelevant information shall be completely removed from the report or otherwise rendered unreadable in all copies of the report before further distribution. If the court makes other changes to the PSI report or orders portions not be disclosed, it shall be reflected in all copies of the PSI report before further distribution. After sentencing the department shall not make any additions, corrections, or deletions to the PSI report not specifically ordered by the court. The United States Supreme Court has ruled that PSIs are mandated only in death penalty cases and there is no inherent right to a PSI absent specific state statutes. State laws vary some requiring PSIs for all felony cases or if the defendant faces a period of incarceration. The officer that is writing your PSI is to make sure to put facts about your past that could have led up to causing the offender to commit the crime.
A presentence investigation generally takes six weeks to complete, that would be from the time it is assigned, information gathering, report writing, proofreading, and then forwarded to the supervisor for approval.

Once the supervisor signs off they forward it to the chief who signs off on it then sends it to the court for sentencing. They are expensive propositions, they take a lot of man hours and hard work. This is a very important report, because it is the very first thing the judge sees in court when at a sentencing hearing. The purpose of a PSI is to assist the judge in determining an appropriate sentencing based on the charges the offender was convicted of. It is important that the defendant is truthful while giving the information asked of him or her. It is supposed to help the judge come up with a sentencing that is right and equal for the crime you have committed. Some crimes have a minimum and maximum sentencing. A judge takes several things into consideration when determining what your sentence will be. First is the law, but aside from any guidelines within the statute, they will gather the majority of their information from the presentence report submitted to them by the officer. What a judge is looking for when reading over the report is what sentence will serve you and the community the best. They will consider public safety and the chance that you will reoffend. Things like your employment status and your family situation may weigh in your favor if they are

shown to be supportive factors. If they determine you are a good candidate for probation they may use your mental health or drug history to command that you receive treatment as a condition of your probation. They could also require you to find work or pay restitution after reading through the presentence report. The PSI is not public and only the judge, officer, prosecutor and defence can see it.
The PSI will continue to be an essential element of the American Criminal Justice System. The information contained in the PSI is critical in assisting judges in making sentencing decisions and providing important information to correctional officials in determining classifications and release decisions. While its content and value has changed in recent years, the PSI remains the most influential document in the sentencing of criminal defendants. The PSI has helped offenders maintain a better life and seek the help that they need. If the PSI did not exist the government might still be putting away offenders harsher than they deserve. The judges might not be able to see what that offender has gone thru in life. Being able to see a persons timeline and see that an offender was molested or beat as a child could have had an impact on the crime this offender committed.