J
JoeGrind
Guest
What is the name of your state? Washington State (King County)
In determining a sentence for a defendent, the department of corrections are asked to provide a letter stating whether or not the defendent is likely to re-offend.
During the sentencing of this defendent the judge read from the letter from the DOC stating that the DOC has recommended the high end of the sentencing range because they considered the defendent someone who is MOST likely to re-offend.
Now, a year later, it has come to people's attention that the person who conducted the "interview" of the defendent made notes into a computer on the DOC system. These notes were retrieved and they indicated that the defendent was NOT likely to re-offend. I believe this "interview" was sort of a pshycological exam. And they are mandatory in order for the DOC to recommend their "opinion" to the Judge. The person who conducts the interview is not the same person who writes the letter to the judge.
Is there anything that can be done now? After the sentencing, the defendents attorney brought this matter up, but the Judge on the case refused to hear any "new" evidence. Can the DOC be sued? Can the officer who wrote this misguiding letter be terminated for misconduct?
In determining a sentence for a defendent, the department of corrections are asked to provide a letter stating whether or not the defendent is likely to re-offend.
During the sentencing of this defendent the judge read from the letter from the DOC stating that the DOC has recommended the high end of the sentencing range because they considered the defendent someone who is MOST likely to re-offend.
Now, a year later, it has come to people's attention that the person who conducted the "interview" of the defendent made notes into a computer on the DOC system. These notes were retrieved and they indicated that the defendent was NOT likely to re-offend. I believe this "interview" was sort of a pshycological exam. And they are mandatory in order for the DOC to recommend their "opinion" to the Judge. The person who conducts the interview is not the same person who writes the letter to the judge.
Is there anything that can be done now? After the sentencing, the defendents attorney brought this matter up, but the Judge on the case refused to hear any "new" evidence. Can the DOC be sued? Can the officer who wrote this misguiding letter be terminated for misconduct?