GUILTY NY - Ex-President Donald Trump, charged with 34 criminal counts of falsifying business records, Apr 2023, Trial 25 Mar 2024 #4

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SouthAussie said:
The presentencing report will also include a Victim Impact Statement. Who are the victims in this case? Possibly the NY tax payers, the voters of NY, the voters of the USA. I wonder how they will work that one out, or if they will ignore that typical inclusion.


A probation officer (or a social worker or psychologist working for the probation department) interviews the defendant and checks the defendant’s criminal record. The probation officer may talk to the crime victim, the arresting officer, and the defendant’s family and friends. The pre-sentence report includes a statement about what happened, the defendant’s personal history and criminal record and a Victim Impact Statement. The report makes recommendations for sentencing.

Click to expand...
Will the pre-sentence report be made public? Thank you.
 
TexLil said:
Will the pre-sentence report be made public? Thank you.
Click to expand...

Quote:
"In general. Any pre-sentence report or memorandum submitted to the court pursuant to this article and any medical, psychiatric or social agency report or other information gathered for the court by a probation department, or submitted directly to the court, in connection with the question of sentence is confidential and may not be made available to any person or public or private agency except where specifically required or permitted by statute or upon specific authorization of the court."

law.justia.com

2022 New York Laws :: CPL - Criminal Procedure :: Part 2 - The Principal Proceedings :: Title L - Sentence :: Article 390 - Pre-Sentence Reports :: 390.50 - Confidentiality of Pre-Sentence Reports and Memoranda.

Justia Free Databases of US Laws, Codes & Statutes
law.justia.com law.justia.com
 
TexLil said:
Will the pre-sentence report be made public? Thank you.
Click to expand...

No.

Current through 2024 NY Law Chapters 1-59 and 61-118
Section 390.50 - Confidentiality of pre-sentence reports and memoranda

1. In general. Any pre-sentence report or memorandum submitted to the court pursuant to this article and any medical, psychiatric or social agency report or other information gathered for the court by a probation department, or submitted directly to the court,

in connection with the question of sentence is confidential and may not be made available to any person or public or private agency except where specifically required or permitted by statute or upon specific authorization of the court.

Section 390.50 - Confidentiality of pre-sentence reports and memoranda, N.Y. Crim. Proc. Law § 390.50 | Casetext Search + Citator

Read Section 390.50 - Confidentiality of pre-sentence reports and memoranda, N.Y. Crim. Proc. Law § 390.50, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
 
It is interesting reading about pre-sentencing reports. Apparently they are used all over the place ... eg: US, Australia, UK. (According to the many links out there)
Due to the fact that judges do not have the time to investigate the intricacies of a convicted criminal's life.

They look at things like:

The underlying facts of the offense
The defendant’s health and medical and psychiatric background
Family background
Educational and employment history
Assets, income and expenses
Criminal record
Educational, treatment and rehabilitative programs available for the defendant
Sentencing guideline calculations
Sentencing recommendation

Here is one link .. Pre-sentence Investigation Report and Interview
 
SouthAussie said:
It is interesting reading about pre-sentencing reports. Apparently they are used all over the place ... eg: US, Australia, UK. (According to the many links out there)
Due to the fact that judges do not have the time to investigate the intricacies of a convicted criminal's life.

They look at things like:

The underlying facts of the offense
The defendant’s health and medical and psychiatric background
Family background
Educational and employment history
Assets, income and expenses
Criminal record
Educational, treatment and rehabilitative programs available for the defendant
Sentencing guideline calculations
Sentencing recommendation

Here is one link .. Pre-sentence Investigation Report and Interview
Click to expand...

Letters to the judge are very important also, and sometimes will influence a sentence.

Victim impact statements are both read and given to the judge, some are not read in court but given to the judge. Then people write positive letters hailing the defendant's virtues.

I know of a case where letters influenced the judge to sentence the defendant above sentencing guidelines and another case where letters influenced a judge to give the defendant house arrest and not give any jail time.
 
Cool Cats said:
Letters to the judge are very important also, and sometimes will influence a sentence.

Victim impact statements are both read and given to the judge, some are not read in court but given to the judge. Then people write positive letters hailing the defendant's virtues.

I know of a case where letters influenced the judge to sentence the defendant above sentencing guidelines and another case where letters influenced a judge to give the defendant house arrest and not give any jail time.
Click to expand...

In this case, I would think that it is important to also consider the sentence that a co-conspirator was given. And that co-conspirator had pleaded guilty, not put the court through a trial. (Michael Cohen)

imo
 
SouthAussie said:
Of course. But when a person knows they are guilty, they are really just spinning the wheel of luck, hoping to get a not guilty verdict. Therefore it is considered a waste of the court's time and taxpayers money.
Click to expand...

It isn't that simple, there are many reasons to plead innocent and go to trial.

Was Trump given a favorable plea agreement?
In any given year, 98% of criminal cases in the federal courts end with a plea bargain.

Trials allow witness testimony and evidence to come out that otherwise wouldn't be seen or heard. Subpoenas for Depositions can be served and these are very detailed. A plea of guilty means you give up your right to pursue an appeal. Trials catch mistakes that can go unnoticed.

Trump's attorneys may have convinced him he had a strong case.

If Trump had taken a plea deal he would have had to plead guilty or at least not contest it. Even with a guilty verdict Trump doesn't have to admit guilt and this is better for him politically.

2 Cents

 
Last edited:
SouthAussie said:
It is interesting reading about pre-sentencing reports. Apparently they are used all over the place ... eg: US, Australia, UK. (According to the many links out there)
Due to the fact that judges do not have the time to investigate the intricacies of a convicted criminal's life.

They look at things like:

The underlying facts of the offense
The defendant’s health and medical and psychiatric background
Family background
Educational and employment history
Assets, income and expenses
Criminal record
Educational, treatment and rehabilitative programs available for the defendant
Sentencing guideline calculations
Sentencing recommendation

Here is one link .. Pre-sentence Investigation Report and Interview
Click to expand...
So the judge see a REAL Physical?
 
Stunned said:
From a court appointed Dr. Or his??
Click to expand...

He will be asked questions about his medical conditions and if he has medical conditions there will be a search for information to verify the conditions. The information comes from whichever doctor is treating him for a specific condition. Medical personnel will turn to the PSR to determine whether the prisoner merits medical attention.

2 Cents

What Should I Know About the Pre-sentence Investigation Report (PSR)? (Chapter 7) - White Collar Advice

What Should I Know About the Pre-sentence Investigation Report? After a person pleads guilty or is found guilty, the presentence investigation report (PSR) will be the next step. For more details, check out Rule 32 of the U.S. Rules of Criminal Procedure in the federal system. Each state system...
www.whitecollaradvice.com
 
Cool Cats said:
He will be asked questions about his medical conditions and if he has medical conditions there will be a search for information to verify the conditions. The information comes from whichever doctor is treating him for a specific condition. Medical personnel will turn to the PSR to determine whether the prisoner merits medical attention.

2 Cents

What Should I Know About the Pre-sentence Investigation Report (PSR)? (Chapter 7) - White Collar Advice

What Should I Know About the Pre-sentence Investigation Report? After a person pleads guilty or is found guilty, the presentence investigation report (PSR) will be the next step. For more details, check out Rule 32 of the U.S. Rules of Criminal Procedure in the federal system. Each state system...
www.whitecollaradvice.com
Click to expand...
Oh boy. IMO
 
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