Question

Explain the significance of the presentence investigstion report (PSI) and what is typically included in it.

Answer 1

A PSI report, also known as a presentence investigation report, consists of paperwork that a judge can use to help determine the right way to punish a defendant in a court case. This is because the PSI report features information on the defendant’s background, including his or her character, upbringing, criminal history, health, and any other details that might affect the severity of the sentence. The state system usually orders a presentence investigation report when handling felony cases, while federal cases always require one. Note that a federal PSI may also be referred to as a presentence report, or PSR.

The report has an immediate significance to help the court determine an appropriate sentence, but it also serves other purposes. Since the advent of the sentencing guidelines, the importance of the presentence report has increased because the document is now designed to frame factual and legal issues for sentencing. Thereafter, if a defendant is incarcerated, the Bureau of Prisons or State Department of Corrections will use information in the report to designate the institution where the offender will serve the sentence and determine the offender's eligibility or need for specific correctional programs. Also, depending on the jurisdiction, the presentence report can be used to calculate the release date. The probation officer assigned responsibility for the offender's case during probation and supervised release will use the report to make an initial assessment of case needs and risks. Additionally, the report may be used as a source of information for future research. The information allows changing of a sentence subject to the Commitment Order and the judge's verdict.

In general, the PSI report needs to include details on the offense in question, as well as information on the defendant’s criminal history. The PSI should also describe the defendant’s family history, education, employment record, any military service, finances, and health. Additionally, it often mentions how the crime affected the victim, as well as whether restitution to the victim or the victim’s family might be appropriate. The judge may request more information as needed aside from the above details.