Due process at sentencing: an empirical and legal analysis of the disclosure of presentence reports in federal courts [concerning disclosure to the defense of the investigative reports prepared by court probation officers to serve as the basis for both sentencing and correctional treatment determinations]

PRESENTENCE REPORT SERVES AS THE BASIS FOR BOTH SENTENCING DETERMINATIONS AND LATER CORRECTIONAL TREATMENT IN THE FEDERAL CRIMINAL PROCESS. JUDGES RETAIN BROAD DISCRETION TO LIMIT THE DEFENDANT'S ACCESS TO THE REPORT. THE AUTHORS REPORT ON A STUDY OF DISCLOSURE PRACTICES IN THE FEDERAL COURTS,...

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Bibliographic Details
Published in:Harvard law review 1980-06, Vol.93 (8), p.1615-1697
Main Authors: Fennell, Stephen A, Hall, William N
Format: Article
Language:English
Subjects:
CIVIL RIGHTS, CIVIL LIBERTIES, CONTEMPORARY CIVIL RIGHTS MOVEMENTS
Correction (penology)
COURT SYSTEM
CRIMINAL LAW
Defense (criminal procedure)
JUDICIAL BEHAVIOR
JUDICIARY
Sentences (law)
SENTENCING
US POLITICAL INSTITUTIONS, PROCESSES & BEHAVIOR
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Summary:PRESENTENCE REPORT SERVES AS THE BASIS FOR BOTH SENTENCING DETERMINATIONS AND LATER CORRECTIONAL TREATMENT IN THE FEDERAL CRIMINAL PROCESS. JUDGES RETAIN BROAD DISCRETION TO LIMIT THE DEFENDANT'S ACCESS TO THE REPORT. THE AUTHORS REPORT ON A STUDY OF DISCLOSURE PRACTICES IN THE FEDERAL COURTS, FIND THEM LACKING, AND MAKE POLICY RECOMMENDATIONS TO ENSURE DUE PROCESS FOR THE DEFENDANT.
ISSN:0017-811X