PROPOSED CHANGES IN PRESENTENCE INVESTIGATION REPORT PROCEDURES

• NCJ Number: 19378
• Journal: Journal of Criminal Law and Criminology Volume: 66 Issue: 1 Dated: (MARCH 1975) Pages: 56-67
• Author(s): ANON
• Date Published: 1975
• Length: 12 pages
• Corporate Author: Northwestern University
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

ANALYZES WHETHER PROPOSED AMENDMENT FOR CHANGES IN PRESENTENCE INVESTIGATION REPORT PROCEDURES IS A MEANINGFUL ALTERNATIVE TO THE FAILURES OF THE CURRENT RULE.

Abstract

ONE OF THE MAJOR CONTROVERSIES CONCERNING THE PRESENTENCE INVESTIGATION REPORT IN FEDERAL COURTS CENTERS ON THE QUESTION OF WHETHER THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT OR POLICY CONSIDERATIONS REQUIRE MANDATORY DISCLOSURE TO THE DEFENDANT OR DEFENSE COUNSEL OF ALL OR PART OF THE REPORT, ACCOMPANIED BY THE RIGHT OF DEFENDANT OR DEFENSE COUNSEL TO COMMENT UPON AND REBUT THE REPORT. THE 1966 AMENDMENT RESULTED IN FURTHER DIVERGENCE IN OPINION AND PRACTICES REGARDING DISCLOSURE OF THE PRESENTENCE INVESTIGATORY REPORT. UPON ANALYZING THE PROPOSED CHANGES, THE AUTHOR CONCLUDES THAT THE JUDICIAL SYSTEM HAS ONLY MOVED A LITTLE BEYOND ITS MIDDLE POSITION.