Peru State College (PowerPoint) by jennyyingdi


									   Chapter 3
   Sentencing and the
Presentence Investigation
    Philosophy of Community

An offender can best learn how to live
productively in a community by remaining in
free society under supervision, as opposed to
being transferred to the warehouse-like setting
of a jail or prison.

                                            LO: 1
     Factors That Affect Granting a
         Community Sentence
   Eligibility for community corrections
   Conditions of probation fixed by statute
   Availability and quality of intermediate
    sanctions and other community-based services
   Factors such as the social stability of the
    offender, family ties, marital status, employment
    and drug abuse history
                                                LO: 1
              Sentencing Guidelines
   Goals include:
       Reduction or elimination of sentencing disparity
       Increased judicial accountability
       Increased punishment for violent offenders
       A basis for population projections and resource allocation

                                                              LO: 1
     Sentencing Guidelines, Con’t.
   Presumptive sentencing grids require judges
    to use the guidelines and provide written
    reasons for any deviation.
   Voluntary sentencing guidelines are
    suggestions that judges may or may not accept.
   North Carolina has incorporated classes of
    crimes eligible for community corrections into
    the guidelines.
                                               LO: 1
         Sentencing Commissions
   Sentencing commissions exist at the federal
    level and in about half the states, and monitor
    the judicial use of the guidelines.
   The commissions are responsible for evaluating
    and revising the guidelines as appropriate.

                                               LO: 1
        Conditions of Community
   Standard Conditions are imposed on all
    persons with community sentences regardless of
    the offense.
   Special Conditions are in addition to standard
    conditions and are tailored to fit the problems
    and needs of the offender.
                                               LO: 2
Examples of Standard Conditions
   Obey all federal and state laws and municipal
   Follow all directives of the supervising officer
   Report regularly to the probation officer
   Obtain permission from the probation officer
    before changing residence or employment, or
    leaving the jurisdiction
                                                 LO: 2
         Conditions of Community
           Corrections, Con’t.
   Limitations of special conditions
      Must be clear and specific

      Must be reasonable

      Must either protect society or rehabilitate the
      Must be related to the offense of conviction

                                                         LO: 2
      Conditions of Community
        Corrections, Con’t.
 Supervision conditions must be constitutional.
 When fundamental constitutional rights are
  limited or infringed upon by a condition of
  probation, the government must establish a
  “compelling state interest” that would justify
  keeping the condition.

                                            LO: 2
         First Amendment Rights
   First Amendment rights of religion, speech,
    assembly, press, and petitioning the government
    for redress of grievances are considered basic,
    fundamental rights.
   A.A. meeting attendance as a condition of
    probation was ruled unconstitutional on
    religious grounds.
                                               LO: 2
               Search & Seizure
   The Fourth Amendment right against
    unreasonable searches and seizures is not as
    highly protected for probationers as other
    constitutional rights.
   In Griffin v. Wisconsin (1987), the U.S.
    Supreme Court ruled that a warrantless search
    of a probationer’s home is valid as long as
    reasonable grounds exist.                    LO: 2
   In McKune Warden v. Lile (2002), the U.S.
    Supreme Court held that a sex offender
    treatment program inside a Kansas prison that
    required an acknowledgement of all prior sex
    offenses does not violate the Fifth
    Amendment’s privilege against self-
                                               LO: 2
     The Presentence Investigation
   The PSI is a document prepared by a probation
    officer to aid judges in the sentencing decision,
       Is used by prosecutors, defense attorneys, parole
        boards and probation and parole officers
       Describes the nature of the offense, offender
        characteristics criminal history, loss to the victim and
        sentencing recommendations
                                                            LO: 3
          Contents of the PSI Report
   Offender-Based PSI Reports (1920s-
    1980s) were:
       focused on rehabilitation
       utilized an indeterminate sentencing structure
   Offense-Based PSI Reports (1980s-Present):
       focus on the crime committed
       utilize a determinate sentence structure
                                                         LO: 3
          Contents of the PSI Report
   A Victim Impact Statement is required in all
    federal PSIs and some state PSIs.
       Includes physical injuries and emotional and
        psychological toll on victim and victim’s family.
   A breakdown of the victim’s financial costs that
    were not covered by the victim compensation
    fund are also provided.

                                                            LO: 3
           Preparing the PSI Report
   The PSI is ideally prepared after adjudication of
    guilt, but before sentencing.
   The PSI process consists of:
       The initial interview
       Investigation and verification
       The evaluative summary
       The sentence recommendation
                                                 LO: 4
    Legal Issues Concerning the PSI
   Disclosure – limited to defendant, attorneys
   Inaccuracies – error must be harmful
   Hearsay – may be permitted
   The Exclusionary Rule – does not apply
   The Miranda Warning – is not triggered
   The right to a lawyer – is neither required nor
    prohibited by U.S. Supreme Court              LO: 5

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