The presentence investigation report is considered one of the most important documents in the criminal justice field. The presentence investigation report is the central source of information to sentencing judges ever since 1920. The original purpose of the presentencing investigation report was to provide information to the court on the offender’s personal history and criminal conduct in order to promote individualized sentencing. The presentence report is also intended to assist the probation office in supervising defendants during any subsequent terms of probation, parole or supervised release. The report also aids the U.S. Bureau of Prisons in its designation, classification, programming and release planning processes, and provides the …show more content…
The ordering of such a report is within the discretion of the court. With respect to felony convictions, if the trial court does not require a presentence investigation and report, the record must show affirmatively why such an investigation was not ordered. (b) Contents of presentence report. A trial judge may request a record check and other background information concerning the defendant prior to sentence without conducting a full presentence investigation of the defendant. However, whenever a full presentence report is ordered, it shall contain the following elements: The description of the situation surrounding the criminal activity with which the defendant has been charged, including the defendant's version of the criminal act and the defendant's explanation for the act, the arresting officer's version or report of the offense, where available, and the victim's version, where relevant to the sentencing decision. Any prior criminal record of the defendant. The defendant's social history, including family relationships, marital status, age, interests and activities. The defendant's educational background.
Ethics is “a branch of philosophy concerned with the study of questions of right and wrong and how we ought to live” (Banks, 2013). Also it involves making moral judgments about what is right and or wrong, good or bad. In the process of everyday life, moral rules are desirable, not because they express absolute truth, but because they are generally reliable guides for normal circumstances. Ethics or moral conduct, are of major importance in the criminal justice field today. If the police force condoned unethical behavior, there would be very little, if any, justice being served. A system of rules and principles helps to guide in making difficult decisions when moral issues arise. Ethics has been shown to be a central component in decisions involving ethical dilemmas. It is “concerned with standards of conduct and with “how I ought to act”, and standards of conduct may vary among different societies” (Banks, 2013). An ethical dilemma arises only when a decision must be made that involves a conflict at the personal, interpersonal, institutional, or societal level or raises issues of moral character. Richard Hare argues that we initially use an intuitive level of moral thinking when we consider ethical dilemma. There are “six steps in analyzing an ethical dilemma and they would be as follow” (NASW, 2014):
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
The Supreme Court referenced both People v Jones and People v Price, with the addition of People v. McFarlin, 389 Mich 557; 208 NW2d 504 (1973). People v McFarlin concluded that, “the presentence report should include information concerning juvenile history, including a disposition by a juvenile court, and that it is proper to consider this information as a factor in sentencing an adult offender”(People v. Smith, 2016). Additionally, the McFarlin case assured that a judge should have all relevant information about the defendant’s juvenile history to impose a proper sentence. The information included may reveal a pattern of criminal history and resistance to rehabilitation efforts in the defendant’s juvenile
The case of People v. Smith (1991) is a case settling the question of whether or not a past juvenile record could be used in the sentencing of an adult offender. The defendant, Ricky Franklin Smith, was convicted on his guilty plea to breaking and entering and being a habitual offender, fourth offense. His contention is that he should have been resentenced because the presentence investigation report contained an expunged juvenile record; he based his argument on Michigan Court Rules (MCR) MCR 5.913, now MCR 5.925(E) Expungement of Records, and believed that it could not be used and prejudiced the court.
The criminal justice process and the criminal court system go hand in hand. The criminal justice process is a sequence of events that a person who is accused of a felony will progress through. This process varies from state to state or jurisdiction and varies according to the seriousness of a crime or whether the accused is a juvenile or an adult. Generally, the criminal justice process involves several specific stages; however, not every case will include each stage or even follow a certain sequence. According to Matthew Lippman’s Essential Criminal Law (2014), these stages include:
The past two decades have engendered a very serious and historic shift in the utilization of confinement within the United States. In 1980, there were less than five hundred thousand people confined in the nation’s prisons and jails. Today we have approximately two million and the numbers are still elevating. We are spending over thirty five billion annually on corrections while many other regime accommodations for education, health
In today’s time, modern Crime Scene Investigation has increased rapidly. From throughout the late 1900’s and in the early 2000’s (Taylor 1). For all of the evidence that they find, a solid foundation has formed over the thousands of years of Crime Scene
The Uniform Crime Report, which was developed in the 1930s, is commonly used by the Federal Bureau of Investigation as a record of crimes committed all across the United States. These crimes, which fall under two categories, Part I and Part II offenses, are reported by local police to the Federal Bureau of Investigation each year. Part I offenses are considered to be the more serious of crimes recognized by society. Such examples of this are homicide, forcible rape, robbery, arson, motor vehicle theft, etc. Part II offenses are those that are considered less serious, such as fraud, simple assault, drug abuse, gambling, stolen property, embezzlement, etc. Part I crimes can also be subdivided into what are known as violent crimes and property crimes. (Barkan, 2012). However, there are both some positive and negative aspects of this type of crime measurement. The following paper will explore the small amount of pros and numerous cons associated with the Uniform Crime Report.
Both the federal government and states have authority to prosecute for criminal behavior in the United States. Each has their own criminal statutes, court systems, prosecutors, and police agencies to help deter crime. These criminal statutes control how suspects are investigated charged and tried. The court system institutes rules and policies that consist of their own structures and procedures within each state. Prosecutors are the most powerful and influential representatives of the court system. Sometimes a case can begin in a lower court then work its way up to a higher court depending on the crime. The law enforcers are made up of small town police officials and go all the way up to large federal agencies.
“The history of correctional thought and practice has been marked by enthusiasm for new approaches, disillusionment with these approaches, and then substitution of yet other tactics”(Clear 59). During the mid 1900s, many changes came about for the system of corrections in America. Once a new idea goes sour, a new one replaces it. Prisons shifted their focus from the punishment of offenders to the rehabilitation of offenders, then to the reentry into society, and back to incarceration. As times and the needs of the criminal justice system changed, new prison models were organized in hopes of lowering the crime rates in America. The three major models of prisons that were developed were the medical, model, the community model, and the crime control model.
A forensic interview is a structured conversation with a child or minor with the intention of eliciting detailed information about a possible event (s) that the child many have experienced or witnessed. Concurrently, for Van Heerden (1977: 8) forensics refer to the computerized activities or scientific knowledge employed by law enforcement agents to serve justice. In the study, forensic investigation is used to refer to any computer-related activities or methods used by police, investigators, prosecutors and all other law enforcement agents to gather facts, track down criminals, arrest or detain them, gather information, preserve information and finally present it in the court of law.
Forensic Psychology, which is occasionally referred to as Legal Psychology, originally made its debut in the late 1800’s. A Harvard Professor, Professor Munsterberg, introduced the idea of psychology and law with his book, On the Witness Stand in 1908. Since the inception of the idea of psychology and law there have been proponents, as well as though that have spoken against the theories proposed by Munsterberg’s, along with other scientists, theorists, and psychologists that believed that Forensic Psychology had no standing to be linked to topics of law. This literature review will attempt to identify scholarly articles that trace the origins and the movement that led to Forensics Psychology becoming a specialty within the field of psychology. I will also attempt to explain What is Forensic Psychology as well as the part it plays within the legal system.
For my observation, I chose to observe a civil case that had to do with a divorce. I did some research on the cases, and chose one that was similar to an experience I went through. My parents are currently separated, and my father simply refused to pay child support. He lives outside of the state, so it was hard for my mother to have face to face confrontation with him. She got tired of raising three kids on her own, and finally decided to take him to court. I was required to serve as a witness. This took place in 2009, so I was thirteen years old and didn’t really understand much of what was going on. I timidly walked to the stand and was sworn in. I then answered the questions the attorney asked me.
Most police actions require some form of documentation. There are many different types of reports that are filed by police officers. Since most of these reports are specific to certain types of events, many police departments have adopted specific forms to be filled out concerning a common occurrence The vast majority of good police work is supported by an officer's ability to present accurate, detailed and concise information in the form of the police report. A police officer must be able to accurately recorded information concerning the activities that took place during an incident and present it to those who were not there. There is the possibility that a large number of people will read these reports. Since police officers are generally the first responding officers to the scene of an incident.
Social harmony has become a powerful and popular indicator to asset a population’s quality of life. So much so, people’s attitude toward crime rates has shifted from a lukewarm state to a profoundly sensitive level. Accordingly, the public’s increasing fears have translated into more and more restrictive policies to punish crimes. Therefore, crime prevention is considered as a strategic approach to lessen the probability of criminal behaviors in a political community, and to maintain social-control following the heated debates on civilians’ safety.