Fifth Amendment — presentencing reports

Posted January 14, 2019 11:41 AM

Where the defendant refuses but then is ordered by the court to participate in a presentencing investigation and the court then uses information obtained in this fashion to justify a more extensive sentence, the defendant’s Fifth Amendment right against self-incrimination has been violated and a new investigation and resentencing are required.The 1st District Appellate Court vacated and remanded a decision by Cook County Circuit Judge Catherine Marie Haberkorn.On Sept. 15, 2012, Tiffany House and her husband, Anton …

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