CJ 100 Lecture Notes - Lecture 46: Harmless Error, Presentence Investigation Report
The Posttrial Process
If the jury returns a verdict of guilty, the trial judge imposes a sentence and the defendant may
appeal his or her conviction.
Posttrial motions
With a guilty verdict, the defense is allowed to file a motion for a new trial. If the trial
judge sustains this motion, a new trial will take place.
Presentence investigation
Before sentencing, a probation officer conducts a presentence investigation. It focuses
on the convicted person's present offense, criminal history, prospects for rehabilitation,
education, employment record, and personal problems. The presentence report
contains a recommendation as to the appropriate sentence and exerts a major influence
over judges' sentencing decisions. In addition to being used in sentencing decisions,
these reports are put to a variety of other uses as well. They assist probation and parole
officers in planning for the supervision and rehabilitation of probationers and parolees,
aid prison officials in classifying inmates and assigning them to prison programs, and
provide parole board members with information upon which to base release decisions.
Victim impact statements
Most states permit victims to submit statements about the impact of a crime to a judge
before sentencing. A few states allow the victims to speak personally in court.
Prosecutors welcome the use of impact statements because they allow victim
participation in the courts process. Many legal experts oppose the use of victim impact
statements on two grounds. First, criminal trials should be conducted for the purpose of
doing justice for the people at large rather than for gaining revenge for victims. Second,
allowing the introduction of victim statements runs the risk that judges and/or juries will
impose sentences based on perceptions of the victim's worth rather than on the
seriousness of the crime.
The sentencing hearing
Typically, the sentencing hearing involves the arguments of the prosecution and
defense for or against the recommended sentence in the presentence report.
Defendants have few rights during sentencing proceedings, although they enjoy the
Sixth Amendment right to have their attorneys assist them during the hearing.
Defendants also have a right of allocation at a sentencing hearing—the right to make a
statement to the court before a sentence is imposed.
Factors that influence sentencing decisions
In making the sentencing decision, most judges consider two key factors—
the seriousness of the crime and any aggravating or mitigating circumstances. In
general, the more serious the crime, the harsher the sentence.
Concurrent versus consecutive sentences
On occasion, an offender receives multiple sentences for multiple crimes. The judge
can order the sentences to be served concurrently or consecutively. Sometimes judges
give concurrent sentences, allowing defendants who have been convicted of two or
more crimes to serve the sentences simultaneously. At other times, judges
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Document Summary
If the jury returns a verdict of guilty, the trial judge imposes a sentence and the defendant may appeal his or her conviction. With a guilty verdict, the defense is allowed to file a motion for a new trial. If the trial judge sustains this motion, a new trial will take place. Before sentencing, a probation officer conducts a presentence investigation. It focuses on the convicted person"s present offense, criminal history, prospects for rehabilitation, education, employment record, and personal problems. The presentence report contains a recommendation as to the appropriate sentence and exerts a major influence over judges" sentencing decisions. In addition to being used in sentencing decisions, these reports are put to a variety of other uses as well. Most states permit victims to submit statements about the impact of a crime to a judge before sentencing. A few states allow the victims to speak personally in court.
