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April 1, 2016 | Author: | Posted in alternative medicine, health and medicine

1 . What is the purpose of a presentence investigation report ? a victim impact statement ? What are the some problems withe these documents

The purpose of a presentence investigation report is to provide information to the court about the defendant ‘s personal history and criminal conduct to promote appropriate sentencing (Daniel Macallair pp .1 , 2002 . The report also assists authorities in supervising defendants during any future probation , parole or supervised release

The purpose of the victim impact statement is to give the victim of the crime the chance to express , in writing , the [banner_entry_middle]

impact of the crime including all economic losses , physical or psychological injuries , and significant changes to the victim ‘s quality of life (Commonwealth of Virginia , 2000 . The victim impact statement also provides information that helps determine court-ed restitution and may be added to the presentence report

A problem with presentence investigation reports includes the over-dependence of the court on the reports , which are known to be preliminary and subject to error . A case concerning the fallibility of presentencing reports included a judge whose sentence was erroneously based on the report and not the decision of the jury . Upon review , a federal court ruled that the judge violated the defendant ‘s right to a fair trial , stating : there is nothing sacrosanct about the information contained in the report (Henry Weinstein , pg .1 , 2005

One of the problems with victim impact statements is that the statements rarely have any impact on sentencing . In many cases , the judge makes the sentencing decision prior to the sentencing hearing , before the victim speaks (Henry Wild , 2000

2 . What are the advantages and disadvantages of probation being administered on a county level on a state level

According to the U .S . courts , probation protects the public , provides substance abuse and mental health treatment for dependants , educational opportunities , and allows defendants to live with families , hold jobs and contribute to society while serving a sentence (U .S . Courts , 2006 .The benefits of probation administered on a county level is that the smaller scale allows for better supervision of those on probation . It also allows for greater personal interaction between the probation officer and the defendant . A disadvantage is that the county often has far smaller financial and personnel resources to draw from . Another disadvantage is safety , as less officers are available in the chance of violent confrontation

The advantages of probation administered by the state include greater resources to draw from . With more money and personnel , state administered probation can include many more defendants on a much wider scale than county probation . The increased resources leads to increased security and greater accountability . However , this also leads to drawbacks that include a larger bureaucracy and the chance that many defendants may slip through the system because of the more impersonal nature of state probation

3 . What elements can affect the granting of probation

Each state has different criteria for evaluating the elements that affect the granting of probation , but the court ‘s decision is governed by… [banner_entry_footer]


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