peaches030761
05-03-2005, 05:32 PM
I just found out about something called PSI (Pre Sentencing Investigation). I was told this was a federal matter and that everyone gets one, no matter what state the person is in. Would anyone know the specifics of this? I had never heard of it before and if i'm not mistaken, my fiancee never got a PSI. Any information is appreciated. thanks
juliwaits
05-03-2005, 07:28 PM
Pre-sentence Report: A pre-sentence report is a detailed account of a convicted defendant’s educational, criminal, family, and social background conducted as an aid to the court in determining the sentence. The person preparing the pre-sentence report for the court shall make a reasonable effort to meet with the victim.
It doesn't look like it's always required - i got this from findlaw.com:
In more complex criminal cases, such as those involving serious felonies, the sentencing judge usually receives input from the prosecutor, the defense, and the probation department (which prepares recommendations in a "pre-sentence report").
Also, here's part of an appeal (from state of arkansas) i found on the net. The defendant pled guilty and filed an appeal:
Lastly, [name] alleged that his attorney was ineffective because he failed to request a pre-sentence report or otherwise conduct an adequate investigation of [name's] background. According to [name], a proper investigation would have revealed that he graduated from high school as a "straight A" honor student, that he had no prior criminal record, and that he had come from a broken home, facts that [name] argued could have mitigated his "draconian" thirty-year sentence.
When a defendant pleads guilty, the only claims cognizable in Rule 37 proceedings are those which allege that the plea was not made voluntarily and intelligently or was entered without effective assistance of counsel.
[name] also claims that [atty name] provided ineffective assistance of counsel because he failed to conduct an adequate investigation into [name's] background. According to [name], an adequate investigation would have revealed information that Nance could have used to argue for mitigation of his sentence. The State argues that this issue is procedurally barred because although it was raised in [name's] petition, it was not ruled upon by the circuit court in its order.
Hope this helps?
peaches030761
05-03-2005, 07:40 PM
Thanks Julie. Now i'm just more confused, lol. According to what you posted, PSI's aren't always required but in serious PSI's are complted. I'm pretty sure that my fiancee never had a PSI and now i'm wondering if he should have had one completed. Has anyone else run in to this?
Matthew's_Angel
05-03-2005, 08:37 PM
I know someone that had a PSI done (for Federal charges). It was just like Julie said in the begining. He had to put down name, age, education, family, etc. But it gets kinda detailed. They will use this in the sentencing phase. So, if he had a pretty good background then they could lean toward the lower end of a sentence. But if he had been in a lot of trouble before or whatever, they would lean more towards the stiffer side of the sentence. This is the only case I have dealth with on a PSI, so I don't know if they ALWAYS conduct one. I would think tho, if he had any kind of decent attorney-his attorney would have requested it (if it would benefit him). Again this is only my opinion and my experience was with a federal case.
Sorry I could not help more.
Good Luck!
Honeymooner
05-03-2005, 08:58 PM
My husband had a PSI done, and his case wasn't "serious." It does get detailed even for family members: names, addresses, employment status.
There is a detailed financial history. They investigate employment, education, and medical history.
The information in the PSI is used for sentencing, prison placement, as well as release.
If there is not alot of time between conviction and sentencing, a PSI may not be done.
peaches030761
05-03-2005, 09:04 PM
Thanks Matthew's Angel. I'm not sure if it would have done any good or not to have a PSI done. As far as him having a 'decent attorney'...ha! He had a public defender. Need I say more? You get what you pay for, right? Thanks for the information. It may actually help in the long run though, we'll see.