Pre-Sentence Investigations and Sentencing Guidelines

Pre-Sentence Investigations and Sentencing Guidelines

Introduction

Before 1987, it was solely in the discretion of the court to give punishment to any offender. The courts at that time had to follow limited guidelines given in the Statutes by the constitution. At that time, there was also not proper regulation of the sentencing, and it was mainly considered as the responsibility of the courts and judges. But, presently the sentencing is highly regulated in most of the developing countries including the USA. Now all the actions of the judges are monitored and controlled at every stage by detailed and comprehensive rules. The screening guidelines came into effect in 1987 (Breyer,1988). The screening guidelines was because there was widespread dissatisfaction with the process of sentencing in the federal courts. According to the 1958 statute, the federal judges were given the power for the formulation of the sentencing criteria and principles. At that time, many reports were published by the administrative office of the united states courts which contained very important information regarding the sentencing. In one of these publications the chief justice Warren shared his thoughts.

He wrote that, if there would be the difference in the sentencing than the than it will not only affect the morale of the institution but also it will be harmful for the general people. He believed the prime objective of the judiciary was equal and impartial treatment of all the people. If the judges will not be impartial and if there will not be any standard procedure for the judges than the general people (Breyer,1988). Similarly, Warren believed that there should be standard and relevant criteria for different types of sentencing. Moreover, he believes that the sentencing criteria for various crimes, which cannot be set, should be eliminated. Furthermore, the chief judge believed that time and the efforts that are devoted to the sentencing institutes will help us to develop a well articulated and rational policy in the federal judiciary.

Discussion

Pre-Sentence investigation is a very important step in all the legal cases. The police officers must be well aware of all the pre-sentence investigation and the screening guidelines. The process of the sentencing usually begins with the preparation of the presentence investigative report by the probation office. In this report, there is a calculation of the guidelines sentence range for the defendant. After the proper identification of the guideline range, the presentence report were disclosed in an appropriate manner. After that, the parties get the chance to argue to the court before the sentence is properly imposed (Anderson, Kling & Stith,1999). The sentence may impose in accordance to the law. The major things that determine the nature of sentence varies from one criminal to another. When the parties argue in the district court, the judge tries to find the major findings, which may help, in the last sentence. After the parties finish their arguments, the district court gives its final verdict, keeping in view all the facts and arguments. It is very important that that ...