Sunday, December 29, 2019
Pre-sentence Reports - 1650 Words
While looking at research done in Scotland and Canada, Pre-sentence reports (PSR), which are noted as Social Enquiry Reports within Scotland, are considered to be a key and influential aspect within their Criminal Justice System and the decision process on the subject of sentencing a custodial or non-custodial sentencing. While the idea of PSRÃ¢â¬â¢s are simple, to provide the court with personal information about the offender, such as circumstances that proved to be such a challenge, that he or she had abnormally excelled and expressed the ability to change for the better, and or have demonstrated that they have had a faulty character that could proveproves that a harsher sentencing is appropriate, or any other relevant information that theÃ¢â¬ ¦show more contentÃ¢â¬ ¦The reason to this being a problem is because defence solicitors are under time restraints and therefore may not be able to get all the valid points of the report due to editing (Tata et all, 2008). Fourthly, the s tyle of the report to include the judges standards of being suitable to the sentencing and the National Sstandards of a PSR remain impartial to the offender and these two standards constraints the CJSW from expressing themselves (Tata et all., 2008). Finally, judges at times feel that CJSW do notnÃ¢â¬â¢t challenge the narrative enough and test the offenders story for it to even be considered (Tata et all., 2008). The CJSW documentation expresses situations where discrepancies were noted through reports, therefore destroying its credibility (Tata et all., 2008). For CJSW, striving to find a realistic sentence for an offender in the eyes of a judge is a difficult task, which can often, if quality of PSR is not up to the judgesÃ¢â¬â¢ liking, effects the judgesÃ¢â¬â¢ his or hers decision and therefore have an alternative effect on the offender (Tata et all., 2008). To further demonstrate the results of the realism of a PSR, a judge (Westword Sheriff 7 (ii)) states that Ã¢â¬Å"Ã¢â¬ ¦ if the reportÃ¢â¬â¢s unrealisticÃ¢â¬ ¦ I think it does diminish the quality of the report. It diminishes the validity and the value of the report, if youÃ¢â¬â¢re getting such an unrealistic suggestionÃ¢â¬ ¦Ã¢â¬ (Tata et all., 2008 p 841).Show MoreRelatedPretrial Release and Diversion Programs918 Words Ã |Ã 4 Pagesof being a criminal will improve the juveniles life chances. Sentencing and Pre-sentencing Sentencing and pre-sentencing are important steps in a defendants trial. The sentence is a defendants punishment. It comes at the conclusion of a defendants trial. Criminal sentences have generally been focused on imprisonment, but criminal sentences can include things outside of prison sentences. 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