Probation Officer's Recommendation Research Articles

Sentencing Recommendations by Probation Officers and Judges: An Examination of Adult Offenders Across Gender

Connecting the courtroom workgroup model with attributions and stereotyping based on the focal concerns perspective and gender sentencing literature, the present study investigates the extent to which probation officer recommendations influence judicial sentencing, and whether the gender of the offender further conditions this relationship. Results from logistic and ordinary least squares regression indicate that there is concordance between probation officer recommendations and sentencing by judges. Offender gender has both direct and indirect effects on judicial sentencing through its relationship with probation officer recommendations, and Black males tend to receive lengthier sentences than other race/gender counterparts. These findings provide evidence that probation officer recommendations are an important part of the sentencing process and offer additional insight on how extralegal factors such as gender and race impact criminal justice decision making.

Probation Officer Recommendations for Sentencing Relative to Judicial Practice: The Implications for African Americans

A number of studies have been conducted that assess the role of the prosecutor on judicial decision making in regard to the differential treatment African Americans may receive relative to Whites. Missing from this inquiry has been consideration of the influence that probation officers may have on this process. In the present study, the focal concerns perspective and prior research are used as background to understand the concordance between probation officer sentencing recommendations and decision making by judges and the extent to which this relationship may be tempered by the race of the offender.

Psychopathy, Conduct Disorder, and Stigma: Does Diagnostic Labeling Influence Juvenile Probation Officer Recommendations?

This study investigated the potential influence of labeling a juvenile as psychopathic. Juvenile probation officers (JPOs; N = 260) rendered hypothetical recommendations based on eight mock psychological evaluations. The evaluations varied the presence of two diagnostic criteria (antisocial behavioral history and psychopathic personality traits) and diagnostic labels (psychopathy, conduct disorder, no diagnosis) in order to distinguish criterion effects from labeling effects. The diagnostic criteria of antisocial behavior had a substantial effect on JPO recommendations (effect sizes .50-.79), while the diagnostic criteria of psychopathic personality traits had a more limited effect. Surprisingly, diagnostic labels had little effect, and there were no appreciable differences between conduct disorder and psychopathy diagnoses. These findings illustrate the importance of distinguishing diagnostic criterion effects from diagnostic labeling effects.

Private Pre-Sentence Investigation

The pre-sentence investigation and report are examined in terms of historical evolution, necessity, uses, and impacts. Important legal considerations regarding the pre-sentence investigation procedure are discussed. Empirical research regarding the accuracy of probation officer recommendations is reviewed. Attention is given to controversies that will affect the pre-sentence investigation and report into the future. The private sector pre-sentence report is examined in terms of its utility. Finally, suggestions are made for increasing the professionalism and acceptance of privately prepared pre-sentence investigation reports.

The Probation Officer's Recommendation in His “Investigation Report”

Abstract Our purpose in this study was to review empirically the Israeli probation officer's recommendation in his “investigation report” concerning offenders of the 18-21 year age group. We studied the factors influencing the probation officer's recommending probation vs. refraining from a probation recommendation. The research variables were based on the following four models: the “diagnostic-rehabilitation” model, the “prognostic-public defense” model, the “organizational” model, and the “conflict” model. Our findings did not verify the diagnostic-rehabilitation hypothesis, though special legal and structural arrangements have been made in Israel for this age group in order to facilitate the rehabilitation of those belonging to it. The conflict model hypothesis was verified to only a limited degree. Our findings indicated the predominance of the prognostic-public defense model hypothesis and also of the organizational model hypothesis.

The probation officer's recommendation in his “investigation report”

The probation officer's recommendation in his “investigation report”

Race and Plea Bargained Outcomes: A Research Note

Peterson and Hagan (1984) argue that the influence of race on criminal sentencing must be considered within specific contexts and in varying social settings. The adjudication of male burglary defendants is analyzed within the context of plea negotiations and between southern and nonsouthern judicial jurisdictions. In the southern jurisdictions, the odds of imprisonment markedly increase among defendants who are: (1) racial minorities or (2) have been previously convicted of a felony. Support is given to Peterson and Hagan's contention that the effect of race on criminal sentencing is context specific. Considerable controversy surrounds the understanding of the effect of race on criminal sentencing. Analyses of the race-sentencing link find that harsher sentences are typically imposed on minority defendants (Petersilia 1985; Unnever 1982; Welch, Spohn & Gruhl 1985). However, the impact of the defendant's race on sentencing outcomes is shown to be diminished by: (a) the nondiscriminatory attitude of the judge (Gibson 1978); (b) the victim's race (LaFree 1980; Paternoster 1984; Radelet 1981); (c) the probation officer's recommendation (Myers 1979; Unnever, Frazier & Henretta 1980); (d) urban-rural court setting (Hagan 1977); (e) region of the United States (Kleck 1981); and (f) pretrial release status (Clarke & Kurtz 1983). *This is a revision of a paper read at the 1985 meetings of the American Sociological Association. The data were made available by the Inter-University Consortium for Political and Social Reseach. The data for the study Plea Bargaining in the United States, 1978 were originally collected by Herbert S. Miller, William McDonald, and James A. Cramer. Neither the collector of the original data nor the Consortium bear any responsibility for the analyses or interpretations presented here. We thank Colin Loftin and the anonymous referees for their insightful critiques of an earlier version of this paper. Address correspondence to John A. Humphrey, Department of Sociology, University of North Carolina, Greensboro, NC 27412. ? 1987 The University of North Carolina Press

Presentence reports: The utility of information to the sentencing decision.

This study investigated the use made by judges of background information provided in presentence reports in reaching their sentencing decisions. The presentence reports were furnished in a number of modified forms during an experimental manipulation in a real-life setting. By obtaining judges' provisional decisions during their reading of the report, along with their indications of what they found useful, the influence of different sections of information in the report was determined. All sections were used by judges to some extent. The recommendation section was analyzed in some detail; while there was high agreement between the probation officer's recommendation and the judge's final disposal, judges tended to rate the recommendation low in terms of usefulness. However, analysis of changes to intended disposals, which occurred during reading of the reports, indicated that these recommendations were in fact quite influential, and even when there was not perfect agreement the recommendation produced a high frequency of shifts in the final disposal, bringing it closer to the recommendation than a preliminary decision had been. Reasons for these inconsistencies are considered in terms of the different methods used.

SHOCK PROBATION IN OHIO

Abstract Previous research on the judicial decision-making process to grant early release on shack probation in Ohio has suggested that race is the primary factor in this process. Using a research design that includes a segnimit of persons actually denied release from one metropolitan Ohio county, the present study has discovered that probation officer recommendation, and not race, is the most important factor in the judicial decision to grant shock probation.

The Case of the Singing Canary

Do harassed law enforcement officers sometimes imply that an offender will receive "special consideration" for probation in return for "singing" about others? If the offender "cooperates" and later comes to the probation officer with the belief that he "has probation coming," how does this affect their subsequent relationship? If the defendant's "singing" has resulted in convic tion of additional offenders, to what extent does this fact affect the probation officer's recommendation? If the defendant's in formation advanced the cause of law enforcement, but certain elements in his background militate strongly against granting probation, how significant is the "reward" factor to total case evaluation? Should the defendant's cooperation with law en forcement officers be set forth in the probation officer's report and thus become a matter of public record? If it cannot be made a part of the report but nevertheless tends to influence the probation officer's evaluation, on what grounds can the officer justify his recommendation to the judge?

Some Hidden Factors behind a Probation Officer's Recommendations

The article reports on an informal "bull session" held by pro bation officers whose primary function is to make a presentence investigation of adult candidates for probation in the criminal courts. The group met for the express purpose of looking into some of the less obvious factors which may, consciously or uncon sciously, influence a probation officer's recommendation to the court in a particular case. Discussion centered in some rather searching questions which called for and elicited interesting and frank responses.

Criteria for the Probation Officer's Recommendations to the Juvenile Court Judge

This study, conducted at the Bronx Children's Court in New York City, analyzes the underlying criteria used by probation officers in recommending probation, institutionalization, psychi atric examination, or discharge. Such features as sex, age, religion, race, home situation, employment, church attendance, and per sonality difficulties of the children in each of the four recom mendation groups are described and evaluated.