Chifuyu Yoshimura

Presentence investigation is an investigation made by a probation officer in preparing a presentence report. The presentence report provide for the judge to assist in determining an appropriate sentence and treatment in the sentencing process. The probation officer will conduct on investigation to gather information about the defendant such as family, health condition, educational and vocational history, and criminal record. This system has been used in various countries such as the United States, England and so forth. In Japan, we do not have presentence investigation because of the sentencing philosophy which emphasizes retribution. However, in the United States, federal judges are still using the presentence investigation report as a central document after a philosophical change from rehabilitation to retribution. This article focuses on the historical transition of presentence investigation and sentencing philosophy in the United States, which has not been studied sufficiently in Japan. Then it analyzes the relationship between the presentence investigation and the sentencing philosophy to obtain suggestions for Japanese law.