Attorney Perspectives and Decisions on the Presentence Investigation Report

Abstract

Presentence investigation reports (PSIRs) are still used as an important component in some sentencing recommendations. Perspectives on the utility of the PSIR have typically focused on probation officers and less so on attorneys who use the document in plea negotiations and in sentencing recommendations. This study examines the importance of the PSIR for 57 prosecutors and 16 defense attorneys. Findings indicate that adult record, history of probation/parole, victim-impact statements, official version of offense, gang affiliation, and pending cases were viewed as important for prosecutors than for defense attorneys when preparing sentencing recommendations using the PSIR. Implications of these findings will be discussed.