Is a defendant permitted to cross-examine the probation officer who prepares his probation report?
California, United States of America
The following excerpt is from People v. Shaw, 210 Cal.App.3d 859, 258 Cal.Rptr. 693 (Cal. App. 1989):
"[N]either the Sixth Amendment nor the Penal Code requires that [a defendant] be permitted to cross-examine the person who, pursuant to statutory mandate, prepares a probation report." (People v. Smith (1985) 38 Cal.3d 945, 960-961, 216 Cal.Rptr. 98, 702 P.2d 180.) "Accordingly, the trial judge did not err and [this] argument is without merit." (Id. at p. 961, 216 Cal.Rptr. 98, 702 P.2d 180.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
Can a probation officer's report be used to determine the sentence of a defendant who has not received a probation report? (California, United States of America)
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)
How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)
Is a defendant entitled to a probation report from the probation officer regardless of whether he is eligible for probation? (California, United States of America)
Does the doctrine of forfeiture apply to a defendant's failure to challenge the imposition of a probation supervision fee and the cost of preparing a probation report? (California, United States of America)
Can a defendant rely on a probation report that states that a defendant was convicted of a federal criminal offence and confronted by a police officer? (California, United States of America)
Does a probation officer have an obligation to recommend a sentence based on the probation officer's report? (California, United States of America)
