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The Impact Of Presentence Investigations On Plea Bargained Dispositions In Kings County Supreme Court, Joseph G. Enright

Dissertations, Theses, and Capstone Projects

This study examines the presentence function of probation from an historical and empirical perspective which argues that the purported diminution of the role of the presentence report (PSR) in the sentencing process–as a result of sentence bargaining–is more reflective of a prevailing disenchantment with the rehabilitative ideal than any thoroughly considered, reliable validation of the PSR's dispensibility. It is demonstrated, through a review of the literature, that poorly conceived, polemically biased empirical research has helped to perpetuate the notion that these reports have little value. A survey of studies and inquiries conducted in New York over the past twenty years …