90. What Are Post-Conviction Proceedings‪>‬ Prison Professors

What Are Post-Conviction Proceedings?
In the United States, we like to say that a person is presumed innocent until there has been a finding of guilt. Defendants don’t always feel that presumption of guilt. A criminal charge may result in being ostracized by friends, loss of employment, and even loss of housing. Those collateral consequences make a difficult situation worse.
From a legal perspective, life officially changes after a conviction. Prior to the conviction, the defendant may have gone through a “pre-trial services” program. While in the “pre-trial phase,” a judicial employee or probation officer may lightly oversee the defendant, imposing light restrictions. As an example, rules may require a person in the pre-trial phase to request permission before traveling outside of a specific jurisdiction.
With a criminal conviction, more formal proceedings will follow. For felony cases, a pre-sentence investigation and ensuing report will follow the conviction.
 
Pre-Sentence Investigation Report (PSI or PSR—used interchangeably):
Once a defendant pleads guilty, or a jury convicts the defendant, the person becomes a convicted felon.
In most felony cases, the court will order the probation department to conduct a pre-sentence investigation. This investigation will result in a report that has a lasting influence on the defendant’s life.
The pre-sentence investigation report provides details about the person’s background for the sentencing judge, staff members in the prison system, and the probation officer that will supervisor the person after release.  Essentially, the report will begin with a narration of the prosecution's version of the offense. The probation officer will interview the defendant and give him an opportunity to make a statement, too.
Besides interviewing the defendant, the probation officer will conduct an investigation into the defendant's personal background. It is not uncommon for the probation officer conducting the report to speak with the defendant's family members, friends, employers, and anyone else that may provide material information.
Major cases will result in more extensive pre-sentence investigations to provide the judge (and others) with a snapshot of the offense and the defendant's background. The judge relies on this information as a source of reference when deliberating over the appropriate sanction to impose.
Those going to prison should not underestimate the importance of the PSR. The PSR will have a big influence on the person while he is in prison and while he is on Supervised Release. Because of the PSR's importance, we devote chapter seven to the process, revealing how our team works with clients that choose to prepare before their interview with the probation officer. 
 
Sentencing:
After the finding of guilt, and the completion of the PSR, the next step in the criminal justice process is sentencing. In most cases, sentencing is a function of the court. Basically, the sentencing judge has three alternatives:
For the most serious crimes, the sentencing judge may impose a term of imprisonment. For crimes that the judge deems less severe, the judge may impose a term of probation, allowing the offender to remain in the community under specific conditions. Or, the judge may impose some type of financial sanction, like a fine or restitution. Generally, the legislature determined the range of sanctions from which the judge can choose.
For federal crimes, judges must rely upon the sentencing guidelines when determining what sentence to impose. The guidelines are not “mandatory,” but judges must consider them. As a result of a Supreme Court case, judges must consider personal characteristics. Those characteristics may warrant a sentence either below or above the guideline range. For that reason, our team recommends that defendants consider a multi-pronged approach to prepare prior to sentencing.
Congress designed the guidelines to create uniformit