What Is a Presentencing Report?
- The face sheet contains the person's current case information. Items such as the court name, judge, docket number and attorney information are included. Personal information about the defendant is required, including name and aliases, address and Social Security number.
- All presentence reports require detailed information about the current criminal offense and conviction. Typical information about the case is detailed, such as date, type of crime, maximum and minimum punishments, co-defendants and related cases. There are also categories that are not as obvious, like victim impact and the defendant's acceptance of responsibility. There is often a place for a summary of both the prosecution's and the defendant's account of the facts.
- A defendant who has prior convictions may receive a longer sentence for the current offense. Sentencing guidelines have "ranges" that take this into account. The court needs to know this information for sentencing in the current case. The presentence report lists this history, and it contains dates, types of crimes, the dispositions of those cases, length and type of punishment and whether the defendant is currently on probation or parole. The report may ask for a summary of the defendant's criminal history.
- The characteristics section is basically a compilation of the defendant's family and personal background. Relationships with other family members are examined. Marital status and the existence of any children is reported. Also included is information about the defendant's education and employment history. The officer is asked to summarize these areas of the defendant's life and identify significant issues that may have contributed to her actions. Physical and mental health issues, including substance abuse and disabilities, are also addressed.
- The officer will write a summary that attempts to analyze the case for the judge. The summary will outline the causative factors of the defendant's actions and the chances for successful rehabilitation versus continued criminal activity. It will examine both mitigating and aggravating factors that would tend to either decrease or increase the sentence. The officer attempts to draw unbiased conclusions based on the facts of the case and his professional experience.
- The officer is required to make a logical recommendation on sentencing based on all the facts of the case. The officer must also take into account the current sentencing guidelines. If a plea agreement has been entered, the officer will state whether or not it is appropriate considering the information discovered in the report investigation. The officer may also comment on the legality of the plea agreement.