Individual Project 5

Anonymous
timer Asked: Feb 6th, 2019
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Question Description

Your instructor has returned your draft (Week 4 IP) with comments. Your first task is to utilize the comments from your instructor, as well as the comments from your peers, and resubmit a final draft of the assignment, also addressing the additional requirements included below.

Mr. McMahon’s attorney has received and read your presentence report. He is hopeful that his client can avoid incarceration and he has sent you a written request to investigate any intermediate sanctions that might be applicable and appropriate for his client.

Final Draft

  • Based on instructor feedback and peer review, revise your Week 4 Individual Project accordingly.
  • In addition, address the following in a 750 word addendum to the presentence report:
    • Identify and discuss 3 intermediate sanctions that might be appropriate for Mr. McMahon. Research what each sanction involves, and identify how it can be punitive, how it might benefit Mr. McMahon, and how it can provide for the protection of the community.
    • Which of the 3 intermediate sanctions that you selected do you think is most appropriate for Mr. McMahon? Why?
    • Which of the 3 intermediate sanctions you selected do you think is least appropriate for Mr. McMahon? Why?
    • For the purpose of this assignment, assume that all of the options that you identify are available in your community.
    • Remember that this is an addendum to the presentence report, so your audience is not only the defense attorney, but the prosecutor and the judge. Your writing must demonstrate a formal, professional tone.
  • Be sure to reference all sources using APA style.
  • 700 words

Unformatted Attachment Preview

Running Head: PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON 1 STATE OF FLORIDA DEPARTMENT OF CORRECTIONS PRE-SENTENCE INVESTIGATION 12-12-2-19 Name: __________________________________Officer:________________________ COURT DATA Count Crime OFFENSE STATUTE DEGREE OF CRIME MINIMUM CASE OR MANDATORY UC# 3rd N/A #(S) 01 Drug and substance abuse (cocaiane) Detainers/Charges Pending Sentencing status: First time Offender Age: 25 Years Judge: ______________________________Prosecutor: ____________________________ Defense Attorney: ________________________________________________________________ Date of Arrest: __________________________________________________________________ Arresting Agency: ________________________________________________________________ Pending PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON Days in custody__________________________ Present custody status _____________________ Date PSI Requested: _____________________________________________ 2 PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON 3 Description of the Accused Person Full Name: Date of Birth: Social security Number: Driver License Number: Birth place: Height: Next of Kin: _________________Relationship ______________Address: __________ Race: _____________________________________________ Gender: ____________________________________________ Citizenship: ________________________________________ Eyes: ___________________________________________ Hair: _____________________________________________ Phone Number: _________________________________________ Complexion: ________________________________________________ Scars/Marks/Tattoos: _________________________________________ Legal Residence: _____________________________________________ Defendant’s Statement The defendant for this case before this court is Mr. McMahon. Mr. McMahon is accused of being in possession of cocaine. In addition, he is accused of drug and substanc abuse. When questioned regarding the accusions, he did not deny the charges. Hwoever, during that day, he appeared emotional apologeti for his criminal actvities. He even went ahead to request the interrogating officer to consider ensuring that he gets the most minimal PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON 4 sentense. He also promised that if given a second chance, he was going to change. However, the investigating officer reminded him that he was given a second chance but isntead of stopping his drug abuse behavior he continued and even contravened all the conditions of the probation. As per the accused, the probation conditions that were imposed on him included paying $500 fine, during regular drug tests and reporting to the probabtion officer. He accepted that following the suspension of the sentence and its replacement with probabtion, McMahon managed meeting all the standard conditions established for a period of eight months. From his explanation, it was noted that during the first months of the probation, he did not violate any of the probation conditions. Nevertheless, he violated the conditions of supervision after the first eight months. One of the things that he violated was his failure to report to the probation officer as he had been instructed. In addition, drug tests done on the accused found that he had been abusing drugs during the probation. The accused said us the drug test came back positive for cocaine. In addition, the accused said that the tests found that he was heavily involved in alcohol abuse since he was found to consume ten beers. According to Mr. McMahon, his heavy drinking is the reason why he was not able to report to the probation officer as instructed. Family Background and Family Ties Details of one’s relationship with family help to determine whether that individual is resource or a liability to the family. Also, such details help to determine whether an individual is a threat to the family or the family is happy living with the accused (Eriksson et al., 2018). It is worth noting that Mr. McMahon is an American citizen by birth. His parents are still alive. He was born in wedlock and his parents are married even to date. Mr. McMahon has 2 younger brothers, both of whom still live with his parents. He is the first born in a PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON 5 family of three. When interviewed regarding the behavior of their son, McMahon’s parents held that he is a peaceful and responsible man. They argued that for the longest time possible, he has been a great model to his siblings. They also held that McMahon is a very hard working man and who has been able to achieve most of his dreams despite being just 25 years old. The family also described McMahon has a polite man who is rarely involved in any form of confrontation with people. They also argued that since he was young, McMahon has shown exemplary leadership skills and his positivity even when the family is going through turbulent periods is always amazing. However, the family argued to the fact that McMahon has been on drugs in the past five years. Even though the family had advised him to change and be had shown signs of changing this behavior, it seemed that he was really struggling to stop. They accepted the fact that McMahon was involved mainly in abusing cocaine and alcohol. However, they argued that if given a chance to live with him, they would try everything possible to convince McMahon to stop his drug abuse behavior. Medical Health History Mental health is a significant element of any criminal investigation. This information helps to determine whether the accused was in the right frame of mind while committing the crime (Simon, 2017). Various studies show people who are not mentally stable are likely to get a shorter sentence compared to people who commit crimes while at the right frame of mind (Green et al., 2016). The investigating team was provided with hospital documents McMahon. Also, a health practitioner performed a number of tests on McMahon as requested by the court. The results of the health investigation showed that Mr. McMahon was in good overall physical health and has no history of mental health or substance abuse treatment aside from any that PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON 6 was ordered in the context of his current probation case. It was also established that McMahon did not have any scars, marks or tattoos. The results showed that he had never been admitted in any health hospital for treatment of drug and substance abuse problems. In the same note, the results of the investigation established that Mr. McMahon has never attended any guidance and counseling session to get advice regarding his problem with drug and substance abuse. Willingness of the Accused to Accept Responsibility for Their Offenses The investigation found that the accused was very committed to change. This was evident because he accepted all the accusations labeled against him. He also informed the investigating officer that he was determined to abandon his drug abuse behavior. Nevertheless, he told the investigating officers that he had tried to reform from this behavior without success. Educational Background The investigation established that Mr. McMahon was a graduate of industrial law from the University of Virginia. He is also a CPA graduate from the same university. This is the highest education level attained by Mr. McMahon. Employment History Mr. McMahon is the CEO of Mr. McMahon advocates, a company that he established in 2016. This company has employed 2 lawyers. He has handled several cases in America. PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON 7 References Eriksson, L., McPhedran, S., Caman, S., Mazerolle, P., Wortley, R., & Johnson, H. (2018). Criminal Careers Among Female Perpetrators of Family and Nonfamily Homicide in Australia. Journal of interpersonal violence, 0886260518760007 Green, B. L., Dass-Brailsford, P., Hurtado de Mendoza, A., Mete, M., Lynch, S. M., DeHart, D. D., & Belknap, J. (2016). Trauma experiences and mental health among incarcerated women. Psychological trauma: theory, research, practice, and policy, 8(4), 455. Simon, L. (2017). Ethics at the Intersection of the Criminal Justice and Health Care Systems. AMA Journal of Ethics, 19(9), 873-876. Running Head: DISCUSSION BOARD 4: PRESENTENCE INVESTIGATION Discussion Board 4: Presentence Investigation Name Institution Professor Course Date 1 DISCUSSION BOARD 4: PRESENTENCE INVESTIGATION 2 Introduction The significance of a judicial process in any jurisdiction cannot be over emphasized. In order to have a jurisdiction in which law and order is the norm; there is a need to have systems that deter people from committing crimes (Morgan, 2017). In addition, in order to ensure this is realized, there is a need to have system that people who commit different crimes go through a process that help them to reflect, know the burden of their actions to the country and reform. However, in order to ensure that the judicial system is fair and all people and organization within a certain jurisdiction get justice, the judicial system has to have a number of elements. One of such elements is presentence investigation. Presentence investigation refers to the investigation into the history of an individual convicted of a certain crime before sentencing in order to determine if there exists extenuating circumstances that are likely to ameliorate the sentence (Morgan, 2017). Also, the presentence investigation will determine if the criminal behavior of the accused is likely to increase the sentence’s harshness. A presentence investigation report (PSI) report refers to a report that is prepared by a probation officer of a court after a court’s request. It details the history of a defendant or the accused (Tata, 2018). It includes the educational background, social background as well as the criminal background of the convicted individual. The report summarizes the entire background detail that is required for determining the appropriate sentence. Following the examination of this report, the sentence of the convicted individual will either increase of decrease. It is worth noting that during the preparation of the PSI report, the probation officer will review several documents. These icnlude including court dockets, parole records, plea agreements, accused’s medical records, financial records, records of drug and substance DISCUSSION BOARD 4: PRESENTENCE INVESTIGATION 3 abuse, pretrial service records, and scholastic records (Tata, 2018). While inquiring the criminal’s criminal record, the probation officer will rely on database that is maintained by the state law enforcement agencies, FBI or NCIC. What is more, such information can be derived from the district court clerk's file. Various type of information must be contained in the PSI report in order to make it reliable during the entire court process and help to determine the best sentence of the accused. According to Fiftal Alarid & Montemayor (2010)., the information contained in the PSC report includes family history, employment history, emotional and mental health, willingness of the accused to accept responsibility for their offenses, physical health, and educational background in addition to family ties. The information contained in the PSC report has a strong correlation with the offender’s sentencing. For this reason, with this information, the court will be able to determine the optimal sentencing period of the accused. For instance, the information regarding family ties will help the court to understand both the sustainability as well as the living conditions for potential supervision conditions. In this case, if the accused is found to be hostile to the family and the community, then he may be given a harsh sentence period in order to ensure proper rehabilitation of the accused and ensure a healthy integration with his or her family members (Wandall, 2010). In the same note, defendant’s whose past criminal record is established to be wanting are likely to likely to get a harsh punishment and a long sentence period. On the contrary, individual’s whose past criminal record is clean and live in harmony with their family members are likely to get a lighter sentence. During the presentence investigation, a defender is likely to be asked questions regarding their finances. This information is critical since it is sometimes used when fines are part and parcel of the process of sentencing (Wandall, 2010). Information regarding one’s psychological health DISCUSSION BOARD 4: PRESENTENCE INVESTIGATION 4 history will be used to determine whether the accused was in the right frame of mind while committing the crime. It is worth noting that there are several aids to sentencing. These aids help to determine the criminal status of the criminal and the sentence that should be imposed on the accused depending on the available information. Some of such aids include PSI report, victim impact statement and sentencing guidelines. According to Hannah-Moffat & Maurutto (2010), sentencing guidelines refer to the standards of establishing the punishment that an individual convicted of a crime need to receive. This is based on the offender’s criminal history in addition to nature of the crime. As per Hannah-Moffat & Maurutto (2010), the main purpose of the sentencing guideline is ensuring sentencing consistency in the entire courts across the U.S. On the other hand, a victim impact statement refers to an oral or written statement that is part of a judicial legal process. This statement is used for purposes of giving the convicted individuals the opportunity for speaking in the course of sentencing or at subsequent parole hearings. There exists a strong correlation between these two aids of sentencing and presentence investigation. First, the three aids to sentencing have the same objective. The three aids aim at ensuring consistency in the entire courts across the U.S. In addition, the three aids aim at getting to understand the internal and external environment of the accused in order to ensure that a fair judgment and sentencing is provided. Conclusion In summary, the significance of a fair justice system cannot be overemphasized. However, it is impossible to have such system without having aids of sentencing. Aids of sentencing refer to different elements that aim at ensuring there is consistency in the entire courts across the U.S. They ensure that enough background information regarding the convicted person is availed in order to give them the right sentencing. DISCUSSION BOARD 4: PRESENTENCE INVESTIGATION 5 References Fiftal Alarid, L., & Montemayor, C. D. (2010). Attorney perspectives and decisions on the presentence investigation report: a research note. Criminal Justice Policy Review, 21(1), 119-133. Hannah-Moffat, K., & Maurutto, P. (2010). Re-contextualizing pre-sentence reports: Risk and race. Punishment & Society, 12(3), 262-286. Morgan, K. D. (2017). Pre‐Sentence Investigation Report. The Encyclopedia of Corrections, 1-4. Tata, C. (2018). Reducing Prison Sentencing Through Pre‐Sentence Reports? Why the Quasi‐ Market Logic of ‘Selling Alternatives to Custody’Fails. The Howard Journal of Crime and Justice, 57(4), 472-494. Wandall, R. H. (2010). Resisting risk assessment? Pre-sentence reports and individualized sentencing in Denmark. Punishment & society, 12(3), 329-347. ...
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Tutor Answer

elegancetutor
School: Duke University

Hi dude. It was nice working with you. If you need edits just let me know.

Running Head: PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON

1

STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
PRE-SENTENCE INVESTIGATION 12-12-2-19
Name: __________________________________Officer:________________________

COURT DATA

Count Crime

OFFENSE

DEGREE

STATUTE

OF

#(S)
01

CASE OR

MANDATORY

UC#

CRIME
3rd

Drug and

MINIMUM

N/A

substance abuse
(cocaine)

Detainers/Charges Pending
Sentencing status: First time Offender
Age: 25 Years
Judge: ______________________________Prosecutor: ____________________________
Defense Attorney:
________________________________________________________________
Date of Arrest:
__________________________________________________________________

Pending

PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON
Arresting Agency:
________________________________________________________________
Days in custody__________________________ Present custody status
_____________________
Date PSI Requested: _____________________________________________

2

PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON
Description of the Accused Person
Full Name:
Date of Birth:
Social security Number:
Driver License Number:
Birth place:
Height:
Next of Kin: _________________Relationship ______________Address: __________
Race: _____________________________________________
Gender: ____________________________________________
Citizenship: ________________________________________
Eyes:

___________________________________________

Hair:

_____________________________________________

Phone Number: _________________________________________
Complexion: ________________________________________________
Scars/Marks/Tattoos: _________________________________________
Legal Residence: _____________________________________________
Defendant’s Statement

3

PRE-SENTENCE INVESTIGATION FOR MR. MCMAHON

4

The defendant for this case before this court is Mr. McMahon. Mr. McMahon is accused
of being in possession of cocaine. In addition, he is accused of drug and substanc abuse. When
questioned regarding the accusions, he did not deny the charges. Hwoever, during that day, he
appeared emotional apologeti for his criminal actvities. He even went ahead to request the
interrogating officer to consider ensuring that he gets the most minimal sentense. He also
promised that if given a second chance, he was going to change. However, the investigating
officer reminded him that he was given a second chance but isntead of stopping his drug abuse
behavior he continued a...

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Review

Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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