Can a pre-sentence report be used to determine the severity of a sentence for a convicted rapist?
MultiRegion, United States of America
The following excerpt is from Taylor v. United States, 179 F.2d 640 (9th Cir. 1950):
Rule 32 of the Criminal Rules, 18 U.S.C.A., gives the court very wide discretion regarding matters it may take into consideration in determining punishment. Due process of law does not limit the contents of a pre-sentence report to
[179 F.2d 643]
information which would be admissible under rules of evidence applicable to the trial, Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, rehearing denied 337 U.S. 961, 69 S.Ct. 1529. The testimony called for by the court was not inappropriate for its consideration and the fact that it was taken in open court (and the witness cross-examined by appellant's attorney) rather than in chambers or in a written report cannot be said to have injured appellant. In any event, appellant's record of prior criminal convictions fully justified the maximum sentence which was imposed.[179 F.2d 643]
The trial court correctly denied the motion.
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