Sentencing: Presentence Report - Origins Of The Psi, Content Of The Psi, Psi Case Law, Defense-based Presentence Reports
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Considered among the most important documents in the criminal justice field, the presentence investigation report (PSI) has been the central source of information to sentencing judges since the 1920s. Its original purpose was to provide information to the court on the defendant's personal history and criminal conduct in order to promote individualized sentencing. With the advent of more punitive sentencing policies in recent years, the PSI has become more offense-focused and less individualized. Despite current trends, the PSI will likely remain a critical component of the American criminal justice system.
CASES
Gregg v. United States, 394 U.S. 489 (1969).
Minnesota v. Murphy, 465 U.S. 420 (1984).
United States v. Schipani, 435 F.2d 26 (2d Cir. 1970).
Williams v. New York, 337 U.S. 241 (1949).
Williams v. Oklahoma, 358 U.S. 576 (1959).
Additional Topics
The origins of the modern presentence investigation began in the 1840s with the crusading efforts of Boston shoemaker John Augustus (1841–1859). It was Augustus's belief that the "object of the law is to reform criminals and to prevent crime, and not to punish maliciously or from a spirit of revenge" (p. 12). In his efforts to redeem selected offenders, Augustus gathere…
Offender-based reports. The traditional PSI was intended to provide the judge with comprehensive background information about the offender. Under this model, the PSI was intended to promote individualized sentencing by giving information specific to the offender's potential for rehabilitation and community reintegration and allow judges to tailor their sentence accordingly. The offender-bas…
The U.S. Supreme Court has ruled that PSIs are mandated only in death penalty cases; in
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other cases, there is no right to a PSI unless such a right is granted by statute. State laws vary, with some requiring PSIs for all felony cases or if the defendant faces a period of incarceration. Other critical legal issues include the defendant's right to review the PSI, the means of …
Historically, responsibility for the development and presentation of the PSI was solely the role of the probation officer. However, PSIs produced by probation departments have long been criticized for being routinized and biased against the defendant. This issue was compounded by the failure of defense attorneys to properly prepare their clients for the probation interview and adequately plan for …
John Augustus, First Probation Officer. New York: National Probation Association, 1939. The Presentence Investigation Report. Monograph 105. Washington, D.C.: Administrative Office of the Courts, 1978. …
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