PRE-SENTENCE

INVESTIGATION
CHAPTER - 8
WHAT IS PRE-SENTENCE
INVESTIGATION?
Is a thorough report crafted by a probation officer to
aid judges in sentencing. It includes the defendant’s
background, the crime’s impact, and potential
sentencing recommendations.
INTERVIEWS IN PRE-
SENTENCE INVESTIGATION
 A presentence investigation interview is a formal question
and answer session between a federal defendant and a
federal probation officer. The purpose of the interview is to
gather information for the court to consider as it relates to
sentencing.
CONTENTS OF PRE-SENTENCE
INVESTIGATION
 A complete PSI should normally contain the following items;

1. Court or Legal Information. This identifies the court of original

jurisdiction, judge, prosecutor, and defense lawyers assigned to
the case.
2. Offender’s Information. This includes identifying and
demographic information on the offender.
3. Current Offense. If the official offense report is not attached to
the PSI, this section should include a concise SUMMARY of the
report. It must be brief and to the point.
4. Custodial Information. This identifies whether or not the
offender is currently under the supervision of a law enforcement or
police agency.
5. Criminal History. This summarizes the investigation of the
offender’s prior offense history. This will allow you to assess risk as
well as look for any patterns, such as a history of alcohol or drug
abuse, violence, or sexual dysfunction.
6. Social History. This provides information regarding the
offender’s status at the time the offense was committed. It also
inquires as to whether or not a psychological report has been
prepared and whether or not the offender has a physical or medical
impairment.
7. Military or Police Service. This requires information regarding
the defendant’s military or police service history if applicable. If the
defendant has served in an active duty status, a determination must
be made on whether the defendant was deployed to a combat zone
and whether the defendant may suffer from post-traumatic stress
disorder or a traumatic brain injury.
8. Victim’s Information. This asks for information pertaining to
restitution. An interview with the victim and the offense report will
be important sources of information. Victim statements substantiated
by other sources such as the offense report, prosecutor’s records,
statements of witnesses, receipts, bills, or statements from
counselors, clergy, or members of the victim’s family may also be
attached.
9. Drug Dependency. It asks for very specific information regarding
the type and frequency whether or not drugs or alcohol were an
influencing or motivating factor in the commission of the offense.
10. Supervision Plan. The supervision plan outlines your plans
regarding supervision of the offender should the court elect to place
him non community supervision. Even if the Probation Officer (PO)
recommends that an offender not be placed on community
supervision, the court may still elect to do so. If the offender is not
eligible for community supervision, check the blank “other” and
indicate meligible for probation.”
11. Optional Sections. These are some information that form part of the attachments to
the PSI, such as follows:
• Offender’s Version. This should be an objective description of the
offender’s account of the offense. In particular, the Probation
Officer (PO) should: (1) identify any discrepancies between the
official version and the offender’s version of the offense, (2) assess
the offender’s present attitude toward the offense, (3) assess the
degree of pre-meditation on the part of the offender, and (4)
determine any facts and circumstances leading up to the
commission of the offense.
 Evaluation and Prognosis. The purpose of this portion is to
carefully analyze the PSI information and to draw some
conclusions regarding the appropriateness of a community
supervision sentence.
 Disposition. In this final portion of the PSI report, the Probation
Officer (PO) must indicate the disposition of the case.
COMPLETING THE PRE-
SENTENCE INVESTIGATION
 In completing the PSI report, there are several guidelines the Probation Officer (PO) should
keep in mind. These are as follows:
 Certainty of Facts. An inaccurate report can seriously damage
your credibility in the eyes of the judge and other criminal justice
officials. Additionally, the offender deserves an accurate report.
 Maintain Objectivity. It is appropriate to include these feelings
and opinions in the narrative sections of the report if they are
identified as such and you can back them up with facts.
 Appropriate Language. Avoid slang, cliché, legal words, and
excess verbiage. Use simple and familiar language. Also, unless
your director or judge prefers differently, write in the first person.
This means using the word “I” rather than “this probation officer,”
and referring to the offender by name rather than “the subject.”
 Verify Information. When possible, verify information provided
by the offender and other sources. When verification is
unreasonable or impossible, indicate that within the PSI report.
 Avoid Hearsay. In other words, the person providing the
information does not have direct knowledge of a given situation,
but heard about it through someone else.
 False Information. The judge shall allow the defendant or his
attorney to comment on a pre-sentence investigation or post-
sentence reports and, with the approval of the judge, introduce
testimony or other information alleging a factual inaccuracy in the
investigation or reported.
 Disclosure Statement. If information is of questionable validity, do
not include it .If information would be damaging to the source or
others if disclosed to the offender, discuss this information with
probation administrator.