Presentence Investigation in the United States

Information gathering about a convicted offender to be used by a judge in determining sentence. In many jurisdictions, presentence investigations are required by statute or mandated by court rules. Even where such investigations are not required, they are conducted at the discretion of sentencing judges. Presentence investigations are done by probation officers and take place during the period between conviction and sentencing, a period typically running from 10 to 20 working days. The investigation includes consideration of the offense, information provided by the defendant, record of previous offenses, psychological evidence if pertinent, and a general social history. Information on these matters is drawn from the police report and interviews with appropriate people.

See Also

Sentence (Criminal Process).

Analysis and Relevance

The presentence investigation and report provides important information for a sentencing judge. This report is particularly important in those cases that are concluded by plea agreement as opposed to trial because the sentencing judge has virtually no other exposure to the defendant before sentencing. In most jurisdictions, the presentence report also includes a sentencing recommendation by the investigator. While judges are not required to adopt these recommendations, they generally do so. The investigator’s recommendation tends to be based, at least in part, on notions of the “typical” sentences for particular offenses and defendant characteristics. Actual sentencing data may be used to determine a “usual” sentence. As a result, sentences based on such recommendations tend to be similar.

Notes and References

1. Definition of Presentence Investigation from the American Law Dictionary, 1991, California