Department of Justice Office of Justice Programs Bureau of Justice Statistics February 2000, NCJ 175708 State Court Sentencing of Convicted Felons, 1996 ------------------------------------------------------------ Note to readers of the ASCII version: This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/scscf96.htm. This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#scscf ------------------------------------------------------------ By David J. Levin Statistician Patrick A. Langan, Ph.D. Statistician and Jodi M. Brown Statistician ------------------------------------------------------------ Highlights Prior to 1986, there were no statistics collected on the sentences convicted felons received in State courts nationwide. To close that gap, the Bureau of Justice Statistics initiated the National Judicial Reporting Program (NJRP). A pilot study was conducted in 1986. Afterwards, full-scale surveys were conducted in 1988, 1990, 1992, 1994, and 1996. The NJRP compiles information on the sentences that felons receive in State courts nationwide and on characteristics of the felons. Trends in felony sentencing in State courts nationwide State courts convicted 997,970 adults of a felony in 1996. That total represents an average growth of approximately 5% every year since 1988 (667,366) (page 50). * Cases took longer for courts to process in 1996 than in 1988. The average length of time from arrest to sentencing was 219 days in 1996, or 11 days longer than in 1988 (page 50). * Persons age 30 or older comprised 40% of persons convicted in 1988 but 50% in 1996. The median age of convicted felons was 27 years in 1988 but 30 years in 1996 (page 50). * The proportion of felons sentenced to prison in 1996 (38%) is lower than in any previous year (1988 44%; 1990 46%; 1992 44%; 1994 45%) (page 50). * Prison sentences imposed by State courts are becoming shorter on average. In 1992 the average prison sentence length was 79 months; in 1996, 62 months (page 51). Juveniles transferred to adult court In 1996, 997,970 persons were convicted of a felony in State courts. Some of them were juveniles who had been transferred to adult courts. These transfers occurred in one of two ways: either the case was excluded by statute from the jurisdiction of the juvenile court (because of the serious charge against the defendant or because of the defendant's lengthy prior record), or the juvenile was transferred at the discretion of the juvenile court or the prosecutor. * Transferred juveniles differed from other convicted felons in terms of conviction offenses. Fifty-three percent of transferred juveniles had a violent offense as their conviction offense (table 5.1). That compares to 17% among adults convicted of a felony in State courts in 1996. * Compared to convicted adults, transferred juveniles received either longer or shorter prison sentences on average, depending on the offense (table 5.3). The average prison sentence for murder was about 23 years among transferred juveniles and 21 years among adults. The average prison sentence for sexual assault was 1 year longer for adults (9 years and 9 months) than for transferred juveniles (8 years and 9 months). Felony sentences in State courts * Drug offenders were 35% of felons convicted in State courts in 1996. Property offenders made up 30%; violent offenders 17%; those convicted of weapons offenses and other crimes made up the rest (18%) (table 1.1). * In 1996 State courts sentenced 38% of convicted felons to a State prison, 31% were sentenced to a local jail, and 31% to straight probation with no jail or prison time to serve (table 1.2). * State courts sentenced to State prison 57% of felons convicted of a violent offense, 34% convicted of a property offense, 35% convicted of a drug offense, and 40% convicted of a weapons offense in 1996 (table 1.2). Felons sentenced to probation * In 1996, 29% of convicted felons were sentenced to straight probation with no jail or prison time to serve. The 29% sentenced to straight probation plus the 29% sentenced to probation with jail or prison time totals 58% receiving probation (table 3.2). Profile of felons convicted * In 1996 men comprised 84% of persons convicted of a felony (table 2.1). An estimated 41% of males received a State prison sentence, compared to 24% of females (table 2.4). * Nationally, of the felons convicted in 1996, 54% were white (including white Hispanics), 44% were black (including black Hispanics), and 2% were other races. The average age of felons convicted in State courts in 1996 was 31 (tables 2.1 and 2.3). Felony case processing * An estimated 76% of felons convicted by a jury received a prison sentence, compared to 49% of those convicted by a judge and 38% of those who pleaded guilty (table 4.4). * Prison sentences were longer for felons convicted by a jury trial (12.5 years) than for felons who pleaded guilty (4.5 years) or were convicted at trial by a judge (5 years, 10 months) (table 4.5). *In 36% of jury trial convictions nationwide, felons were found guilty of multiple offenses. Twenty-six percent of the guilty pleas and 23% of the bench trial convictions involved multiple offenses (table 4.7). * Average elapsed time from date of arrest to date of felony conviction was about 6 months (182 days). Jury cases took the longest time (over 9 months). Guilty plea cases took just under 6 months and bench trials took about 6 months. The longest average time was for murder or nonnegligent manslaughter, about 11« months (table 4.9). * Cases decided by juries had an average elapsed time from arrest to sentencing of just under 12 months; those disposed by bench trial had an average of just under 7 months; those disposed by guilty plea had an average of just under 8 months (table 4.11). Highlights National Judicial Reporting Program I. Felony sentences in State courts, 1996 II. Profile of felons convicted in State courts, 1996 III. Felons sentenced to probation in State courts, 1996 IV. Felony case processing in State courts, 1996 V. Juveniles transferred to adult court, 1996 VI. Trends in incarceration and sentence length in State courts Methodology Figures Violent offenders sentenced to prison had an average sentence of about 8: years but were likely to serve 51% of that sentence, or about 42 years, before release Of drug offenders convicted in State courts in 1996, 53% were black and 45% were white The average sentence to prison imposed by State courts was nearly the same for both whites and blacks in 1996 Of felons sentenced to probation, about 44% of the women versus 27% of the men were convicted of a property offense Prison was the result of 61% of the sentences imposed following a trial versus 38% of the sentences following a guilty plea On average, felons convicted of a violent offense following trial received a prison sentence twice the length of the sentence of those who pleaded guilty Percent of convicted felons sentenced to prison, jail, or probation Percent of convicted felons who receive a prison sentence Percent of felons sentenced to State prison Number of sentences to State prison Average imposed State prison sentence length, all offenses Tables Section I Felony sentences in State courts, 1996 1.1 Estimated number of felony convictions in State courts, 1996 1.2 Type of felony sentences imposed by State courts, by offense, 1996 1.3 Length of felony sentence imposed by State courts, by offense and type of sentence, 1996 1.4 Estimated percent of felons sentenced to life in prison, by offense, 1996 1.5 Estimated time to be served in State prison, by offense, 1996 1.6 Number of offenses for felons convicted and sentenced in State courts, by most serious felony conviction offense, 1996 1.7 Convicted felons sentenced to prison by State courts, by number of conviction offenses, 1996 1.8 Mean sentence lengths for felony sentences imposed, by the number and category of the conviction offense, 1996 1.9 Felons sentenced to an additional penalty by State courts, by offense, 1996 Section II Profile of felons convicted in State courts, 1996 2.1 Demographic characteristics of persons convicted of felonies by State courts, by offense, 1996 2.2 Gender, race, and age of felons convicted in State courts, by offense, 1996 2.3 Average age of convicted felons in State courts, by offense, 1996 2.4 Offense and gender of felons, by type of sentence imposed, 1996 2.5 Offense and race of felons, by type of sentence imposed, 1996 2.6 Mean length of felony State court sentences imposed, by offense and gender of felons, 1996 2.7 Mean length of felony State court sentences imposed, by offense and race of felons, 1996 2.8 Gender and race of felons sentenced to incarceration or prison by State courts, by offense, 1996 2.9 Gender and race of felons sentenced to jail or probation by State courts, by offense, 1996 2.10 Percent of convicted felons sentenced by State courts to incarceration or prison, by gender, race, and offense, 1996 2.11 Percent of convicted felons sentenced by State courts to jail or probation, by gender, race, and offense, 1996 2.12 Mean length of State felony sentences to incarceration or prison, by gender and race of felons, 1996 2.13 Mean length of State felony sentences to jail or probation, by gender and race of felons, 1996 Section III Felons sentenced to probation in State courts, 1996 Table 3.1 Estimated number of felony convictions in State courts, by whether sentenced to probation and by offense, 1996 3.2 Felony convictions in State courts, by type of sentence to probation or incarceration and offense, 1996 3.3 Average probation sentence of felons convicted in State courts, by offense, 1996 3.4 Average State court sentence to incarceration for felons receiving sentences with or without probation, by offense, 1996 3.5 Percent of conviction offenses for felons sentenced to probation in State courts, by offense, 1996 3.6 Gender of felons sentenced to probation or to incarceration without probation in State courts, by offense, 1996 3.7 Offense of felons sentenced to probation or to incarceration without probation in State courts, by gender, 1996 3.8 Offense of felons sentenced to probation or to incarceration without probation in State courts, by race, 1996 3.9 Race of felons sentenced to probation or to incarceration without probation in State courts, by offense, 1996 3.10 Average age of felons sentenced to probation or to incarceration without probation in State courts, by offense, 1996 3.11 Felons sentenced to probation in State courts, by offense and age at sentencing, 1996 Section IV Felony case processing in State courts, 1996 4.1 Number of felony convictions in State courts, by offense and type of conviction, 1996 4.2 Percent of felons convicted in State courts, by offense and type of conviction, 1996 4.3 Type of conviction of felons convicted in State courts, by offense, 1996 4.4 Offense of felons convicted in State courts, by the type of conviction and type of sentence imposed, 1996 4.5 Average felony sentence length in State courts, by the type of conviction, type of sentence imposed, and offense, 1996 4.6 Type of conviction in State courts, by the type of sentence imposed on felons convicted of murder or nonnegligent manslaughter, 1996 4.7 Type of conviction in State courts, by number of felony conviction offenses, 1996 4.8 Percent of conviction offenses of felons convicted in State courts, by type of conviction and type of sentence imposed, 1996 4.9 Average number of days between arrest and conviction for felony cases in State courts, by type of conviction, 1996 4.10 Average number of days between conviction and sentencing for felony cases in State courts, by type of conviction, 1996 4.11 Mean and median number of days between arrest and sentencing for felony cases disposed by State courts, 1996 Section V Juveniles transferred to adult court, 1996 Table 5.1 Transferred juveniles compared to adults by State definition: most serious offense of felons convicted in State courts, 1996 5.2 Transferred juveniles compared to adults by State definition: most serious offense, by the type of felony sentence imposed in State courts, 1996 5.3 Transferred juveniles compared to adults by State definition: mean length of felony sentence imposed in State courts, by the type of sentence and most serious offense, 1996 Section VI Trends in incarceration and sentence length in State courts Comparing measures Methodology ------------------------------------------------------------- National Judicial Reporting Program National Judicial Reporting Program (NJRP), a biennial sample survey, compiles information on the sentences that felons receive in State courts nationwide and on characteristics of the felons. Surveys of felony sentencing in State courts were previously conducted in 1986 (see Felony Sentences in State Courts, 1986, BJS, NCJ 115210, February 1989), 1988 (see Felony Sentences in State Courts, 1988, BJS, NCJ 126923, December 1990), 1990 (see Felony Sentences in State Courts, 1990, BJS, NCJ 149077, September 1994), 1992 (see Felony Sentences in State Courts, 1992, BJS, NCJ 151167, January 1995), and in 1994 (see Felony Sentences in State Courts 1994, BJS, NCJ 163391, January 1997). The 1996 survey was based on a sample of 344 counties selected to be nationally representative. Ninety-eight of the 344 were in the 1988, 1990, 1992, and 1994 surveys. The 344 included the District of Columbia and at least one county from every State except, by chance, Delaware, Montana, and Wyoming. Among sampled counties, three sentenced no felons during 1996. The 1996 survey excluded Federal courts and those State or local courts that did not adjudicate felony cases. According to the BJS Federal Justice Statistics Program, Federal Courts convicted 43,839 persons of a felony offense in 1996. That number represents about 4% of the combined State and Federal total number of felony convictions during 1996. The 1996 survey included only offenses that State penal codes defined as felonies. Felony offenses are widely defined as crimes that have the potential of being punished by more than 1 year in prison. States usually designate specific courts to try felony offenses, although in some counties more than one court may handle such cases. The term felony is not uniform in either its usage or definition in the United States. Two jurisdictions (Maine and New Jersey) do not use the term to classify their criminal offenses, and six others offer no explicit definition of the term, even though they use it as a criminal designation. In the 43 States that use and define the term felony, common elements do exist. With few exceptions, criminal codes define felonies by reference to place of imprisonment. Most often, felony definitions identify the place of imprisonment but not the duration, as in Idaho, where a felony is a "crime punishable by death or by imprisonment in the State prison." Nearly as frequent is a definition that specifies the duration of imprisonment but not the place, as in Georgia, where a felony is a "crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months." This publication summarizes results from the 1996 survey. Each of the sections addresses a different aspect of felony convictions in State courts during 1996. Felony sentences in State courts, 1996 In 1996 State courts convicted over 997,000 adults of murder, rape, robbery, drug trafficking, and other felony offenses. Thirty-eight percent of convicted felons were sentenced to a State prison, and 31% were sentenced to a local jail (usually for a year or less). The remaining 31% were sentenced to straight probation with no jail or prison time to serve (table 1.2). Other results include the following: * Drug traffickers (21.3%) and drug possessors (13.6%) together made up 34.8% of felons convicted in State courts in 1996. Violent offenders, consisting of murderers (1.1%), sexual assaulters (3.0%), robbers (4.3%), assaulters (7.0), and others convicted of a violent crime (1.4%) together made up 16.8%. Burglars (9.3%) and larcenists (12.3%) made up most of the rest (table 1.1). * The average sentence to local jail was 6 months. The average probation sentence was just under 3« years (table 1.3). * Felons sentenced to State prison in 1996 had an average sentence of just over 5 years. But, assuming they were to serve the same fraction of their imposed sentence as did those released in 1996, felons were expected to serve 45% of that sentence -- or 2 years and 4 months -- before release (table 1.5). * State courts nationwide sentenced to life 26% of those convicted of murder or nonnegligent manslaughter (table 1.4). * The 997,970 felons sentenced in 1996 were convicted altogether of about 1.2 million felonies. The number of felony convictions exceeds the number of convicted felons because 20% of the felons were convicted of two felony charges and 4% were convicted of three or more (table 1.6). * The likelihood of a prison sentence rose from 35% for those convicted of one felony, to 45% for two, and 52% for three or more (table 1.7). * The mean sentence to incarceration also increased from 2.75 years for those convicted of one felony to just over 4 years for those convicted of two or more (table 1.8). * A fine was imposed on 20% of convicted felons, restitution on 14%, community service on 6%, and treatment was ordered for 6% (table 1.9). Profile of felons convicted in State courts, 1996 1996 National Judicial Reporting Program compiled demographic data (sex, race, and age) as well as sentencing information for persons convicted of a felony in State courts. This section summarizes results from that collection. White defendants, including Hispanics, were 54% of those convicted of a felony in State courts; black felons, including Hispanics, were 44%; and persons of other races (American Indians, Alaska Natives, Asians, and Pacific Islanders), including Hispanics, 2% (table 2.1). Among persons convicted, white felons were less likely than blacks to be sent to prison: 32% of convicted white defendants received a prison sentence; 46% of black defendants received a prison sentence (table 2.5). The average State prison sentence was 1 month longer for whites than blacks:63 months for whites and 62 months for blacks (table 2.7). Other findings were -- * In 1996 men comprised 84% of persons convicted of a felony (table 2.1). An estimated 41% of males received a State prison sentence, compared to 24% of females (table 2.4). * The most serious conviction offense was a violent felony in 9% of cases for women, and 21% of cases for men. Among convicted whites, 19% had a violent felony conviction offense; among blacks, 20% (table 2.8). * The average age of felons convicted in 1996 was 31 years (table 2.3). * Men sentenced to prison nationwide had an average sentence length of 5 years and 3 months, while women nationwide had an average prison sentence of 3 years and 11 months (table 2.6). * Men nationwide were sentenced to local jail for an average of 6 months, and women for 5 months (table 2.6). The larger proportion of violent conviction offenses for men partly explains their greater likelihood of a sentence to incarceration and longer average sentences. Felons sentenced to probation in State courts,1996 The detailed statistics on sentences to probation presented in the tables of this section differ from probation statistics elsewhere in the report. As used else-where, a sentence to probation only included "straight probation." Excluded were probation sentences combined with a term of confinement in a prison or jail. In this section, the probation definition is expanded to include such "split sentences." Defined that way, probation sentences comprised 58% of all sentences imposed on felons in 1996, the highest percentage of all sentences since 1990 (table 3.1). Other probation findings from the 1996 survey included -- * State courts sentenced to probation an estimated 580,000 convicted felons (table 3.1). * Nationwide, probation sentences had an average length of just under 3« years (table 3.3). * For felons receiving a split incarceration and probation sentence, the average jail sentence was 6 months; the average prison sentence, 3 years and 10 months (table 3.4). * The average age of probationers nationwide was 31 years (table 3.10). Females made up 19% of all felons placed on probation (table 3.7). Whites were 58% of probationers, and blacks were 40% (table 3.8). Felony case processing in State courts, 1996 Nationwide in 1996, 91% of convictions were the product of a guilty plea (table 4.2). That number is not the same as the percentage of felony convictions that involved a plea bargain between the prosecution and the defense. Plea bargains, in which the defendant agrees to plead guilty in exchange for dropped or reduced charges or in exchange for a reduced sentence, is a common practice in the criminal justice system. The proportion of those who pleaded guilty as part of a plea bargain is not known. * An estimated 906,000 persons pleaded guilty to a felony offense (table 4.1). Of all felony offenses, persons convicted of murder were the least likely to have pleaded guilty (54%) and the most likely to have been convicted by a jury (40%) (table 4.2). * Of felons convicted in State courts, 4% were found guilty by a jury, and 5% were found guilty by a judge in a bench trial (table 4.2). The most serious offenses -- the violent crimes of murder, sexual assault, robbery, aggravated assault, and other violent offenses -- comprised about 17% of all felony convictions but an estimated 49% of all jury trials (table 4.3). * Sentences to prison or jail occurred in 88% of jury convictions, 62% of bench trial convictions (decided by a judge alone), and 64% of guilty pleas (table 4.4). * An estimated 76% of felons convicted by a jury received a prison sentence, compared to 49% of those convicted by a judge and 38% of those who pleaded guilty (table 4.4). * Prison sentences were much longer for felons convicted by a jury trial (12« years) than for felons who pleaded guilty (4« years) or were convicted by a judge (5 years and 10 months) (table 4.5). * Felons sentenced to jail in a jury trial received a mean or average sentence of 7 months. The mean jail sentence in a bench trial was 8 months; in a guilty plea, 6 months (table 4.5). * Murderers convicted by a jury were the most likely of all convicted defendants to have received a life sentence (43%) or the death penalty (5%). Sentences to life in prison or death for murder or nonnegligent manslaughter occurred in about 14% of the bench trials and 17% of the guilty pleas (table 4.6). * In 36% of jury trial convictions nationwide, felons were found guilty of multiple offenses. Twenty-six percent of the guilty pleas and 23% of the bench trial convictions involved multiple offenses (table 4.7). The following findings on elapsed time are based on cases with complete disposition information. Because small differences exist between cases with complete information and cases with incomplete information, these statistics may differ from other elapsed-time statistics derived from the survey: * Mean elapsed time from date of arrest to date of felony conviction was about 6 months. Jury cases took the longest time (about 9« months). Guilty plea cases took just under 6 months and bench trials took about 6 months. The longest average time was for murder or nonnegligent manslaughter, just over 11« months, and the shortest, just over 5a months for larceny (table 4.9). * Mean elapsed time from conviction to sentencing for persons convicted of a felony varied according to the method of conviction. Jury cases took the longest time (over 2 months) and bench cases took the least ( less than half a month) (table 4.10). * Mean elapsed time from arrest to sentencing in 1996 was just over 7 months; the median was nearly 5 months (table 4.11). * Cases decided by juries had a mean elapsed time from arrest to sentencing of nearly 12 months; those disposed by bench trial had a mean of just over 6« months; those disposed by guilty plea had a mean of nearly 8 months (table 4.11). Juveniles transferred to adult court, 1996 Defendants are prosecuted in either juvenile courts or adult courts. The defendant's age largely determines which of the two. In 1996, all defendants 16 years of age and older in three States -- Connecticut, New York, and North Carolina -- were prosecuted in adult courts. All those age 17 or older were prosecuted in adult courts in 10 States: Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, Texas, South Carolina, and Wisconsin. In the remaining 37 States, prosecution was in adult courts for all defendants age 18 or older. In exceptional cases, defendants below these ages were also prosecuted in adult courts. Such cases were either statutorily excluded from juvenile court jurisdiction or waived to adult court at the discretion of authorities (juvenile courts or prosecutors). Commonly excluded cases are murders and other serious violent offenses. In addition, several States exclude juveniles charged with felonies if they have prior adjudications or convictions. Juvenile defendants prosecuted in adult courts are referred to as transferred cases. As the term is used here, transferred covers both cases excluded from juvenile court by statute and cases transferred to adult court at the discretion of the juvenile court or the prosecutor. In this chapter, transferred juveniles are compared to adult felony defendants. The sample of transferred juveniles used in the comparison is large although not statistically representative of all transferred juveniles. Compared to adult felony defendants, transferred juvenile felony defendants were -- More likely * to be male than female: 96% versus 84% (table 5.1) * to be black* than white*(Note:*Includes Hispanics.): 55% versus 45% (table 5.1) * to have a violent offense as their conviction offense: 53% versus 17% (table 5.1) * to have robbery as their conviction offense: 23% versus 4% (table 5.1) Less likely * to have a drug offense as their conviction offense: 11% versus 37% (table 5.1) Among defendants convicted of the following offenses, transferred juveniles were -- More likely to be sentenced to prison * burglary: 50% versus 20% (table 5.2) * larceny:37%versus 17% (table 5.2) * weapons offenses: 55% versus 39% (table 5.2) More likely to be sentenced to longer prison terms * weapons offenses: 48 months versus 42 months (table 5.3) Less likely to be sentenced to probation * property offenses: 27% versus 54% (table 5.2) * larceny: 21% versus 51% (table 5.5) Less likely to be sentenced to longer prison terms * sexual assault: 105 months versus 117 months (table 5.3) * burglary: 41 months versus 57 months (table 5.3) * drug offenses: 30 versus 47 months (table 5.3) Less likely to be sentenced to longer probation terms * drug trafficking: 27 months versus 42 months (table 5.3) * weapons offenses: 26 months versus 31 months (table 5.3) Trends in incarceration and sentence length in State courts Trends in the United State: 1988 to 1996 Number of convictions increasing State courts convicted 997,970 adults of a felony in 1996. That total is 50% greater than the number convicted in 1988. The general trend has been upward since 1988. Number of felony convictions 1988 667,366 1990 829,344 1992 893,630 1994 872,217 1996 997,970 Increasing likelihood of arrest leading to conviction The likelihood of a felony arrest leading to a felony conviction is approximated by dividing the number of adult felony convictions in a year by the number of adult felony arrests that year. In 1996, for example, robbery convictions totaled 42,831, and robbery arrests totaled 106,178, indicating a likelihood of conviction of about 40% for robbery. Approximate likelihood of felony arrest leading to felony conviction 1988 1992 1996 Murder 48% 65% 71% Robbery 32 41 40 Aggravated assault 10 14 16 Burglary 33 41 41 Drug trafficking 39 55 66 Although the Nation's annual arrest statistics do not distinguish felony from misdemeanor arrests, this method for estimating the likelihood of conviction from aggregate statistics is still valid for certain crimes -- such as robbery -- that are always or nearly always defined in State law as felonies. Since 1988 the likelihood of an arrest leading to a conviction has generally risen for all crimes. Rising case processing time Cases took longer for courts to process in 1996 than in 1988. The average length of time from arrest to sentencing was 219 days in 1996, or 11 days longer than in 1988. Guilty pleas unchanged An indirect measure of how well courts keep pace with a growing workload is the percentage of cases disposed by guilty plea. Since guilty pleas take less time than trials, a rising workload might exert pressure on prosecutors and judges to dispose of more cases by plea rather than trial. While that would help courts to keep pace, a check of the data did not uncover evidence of more guilty pleas. In 1988 guilty pleas accounted for 91% of all felony convictions, and trials accounted for the remaining 9%. Corresponding figures for 1996 were the same (91% guilty pleas and 9% trials). Since 1988 guilty pleas have remained at about 90% of felony convictions. Aging of convicted felons The average age of the American population is rising, a trend reflected in the changing ages of convicted felons. In 1988, persons age 30 or older comprised 73% of adults (age 18 and older) in the U.S. population and accounted for 40% of persons convicted; in 1996 persons age 30 or older accounted for 78% of adults (age 18 or older) in the U.S. population and 50% of persons convicted. The median age of convicted felons was 27 years in 1988 but 30 years in 1996. Changing racial composition of convicted felons Persons whose racial background is not white comprise a growing fraction of both the U.S. population and convicted felons. In 1988 blacks, American Indians, Alaska Natives, Asians, and Pacific Islanders together were 14% of persons age 18 or older and 43% of persons convicted of a felony. In 1996 those same racial groups accounted for 16% of U.S. adults and 42% of those convicted. Prison sentences less likely From 1988 to 1994 the percentage of felons receiving a State prison sentence stayed at around 45%. But in 1996 that percentage fell to 38%. The drop in prison sentences was accompanied by an increase in the percentage receiving other types of sentences, particularly sentences to local jails. From 1988 to 1994 jail sentences made up around 25% of all felony sentences. In 1996, the percentage receiving a jail sentence rose to 31%. Percent of convicted felons sentenced to prison, jail, or probation 1988 1996 Prison 44% 38% Jail 25 31 Probation 31 31 Percent of convicted felons who receive a prison sentence 1988 1992 1996 All offenses 44% 44% 38% Murder 91 93 92 Robbery 75 74 73 Aggravated assault 45 44 42 Burglary 54 52 45 Larceny 39 38 31 Drug trafficking 41 48 39 Imposed prison sentences getting shorter but inmates are serving a growing fraction of their sentence before being released Prior to being freed, inmates released from State prison in 1988 had served, on average, a third of the sentence imposed on them by the court. In 1996 inmates were released after serving approximately half of their court-imposed sentence. While prisoners are serving a growing percentage of their court- imposed sentence, the average court-imposed sentence has been decreasing. In 1988 the typical felon received a 6-year sentence and (assuming a person sentenced in 1988 will serve the same fraction of his/her sentence as was typical among persons released in 1988) would serve a third of that sentence before being released, or 2 years. By contrast, in 1996 the typical felon received a 5-year sentence but (assuming a person sentenced in 1996 will serve the same fraction of his/her sentence as was typical among persons released in 1996) would serve half of that before being released, or 2« years. Percent of imposed prison sentence actually served 1988 1992 1996 All offenses 32% 38% 45% Murder 33 44 50 Robbery 33 46 47 Aggravated assault 36 48 54 Burglary 30 35 42 Larceny 29 33 44 Drug trafficking 30 34 42 Average imposed prison sentence length (in months) 1988 1992 1996 All offenses 76 mo 79 mo 62 mo Murder 239 251 257 Robbery 114 117 101 Aggravated assault 90 87 69 Burglary 74 76 60 Larceny 50 53 40 Drug trafficking 66 72 55 Estimated actual time to be served in prison (in months) 1988 1992 1996 All offenses 24 mo 30 mo 28 mo Murder 79 110 128 Robbery 38 54 48 Aggravated assault 32 42 38 Burglary 22 27 25 Larceny 15 17 17 Drug trafficking 20 24 23 Comparing measures How trends were verified Two notable trends documented in this report are 1) the decline in the percentage of felons receiving a prison sentence and 2) the decline in the length of prison sentences imposed. These changes may have been due to the 1996 NJRP sample redesign, which introduced courts that had not been surveyed in 1994. To determine if the altered composition of the sample had produced the reported changes, comparisons were made between courts surveyed for the NJRP in both years and between the NJRP and findings from other statistical series. In each case the trend was confirmed. Decline in the percentage of felons receiving a prison sentence In 1994, 45% of convicted felons received a prison sentence, decreasing to 38% in 1996. To determine if felons were actually less likely to go to prison in 1996 than 2 years earlier, as reported on pages iii and 50, three comparisons were made: * Between 1994 and 1996 for the 98 courts that were in both NJRP samples * Between the NJRP findings in this report and the findings of the State Court Processing Statistics program * Between the NJRP findings and the findings of the National Prisoner Statistics program. The seven percentage point drop between 1994 and 1996 remained when the samples of the 2 years contained only courts that appeared in both samples. Apparently the change in the sample was not responsible for the finding that convicted defendants nationwide were less likely in 1996 than before to go to prison. The statistical series State Court Processing Statistics reports on a survey of court records from the 75 largest counties. Data from this survey also show a recent decline (figure 1). The statistical series National Prisoner Statistics reports the number of new admissions to prison from State courts. Both prison records and court records indicate no general upward trend in the number of sentences to prison (figure 2). Decline in the length of the average prison sentence To check the decline in the average length of the imposed sentence to prison, reported on pages iii and 51, NJRP findings were compared with those from the statistical series National Corrections Reporting Program. According to prison records, the average length of imposed prison sentences has declined, just as court records indicated (figure 3). Methodology Sampling The survey used a two-stage, stratified cluster sampling design. In the first stage the Nation's 3,195 counties or county equivalents were divided into 14 strata. Strata 0, 11, 12, 31, 51, and 52 consisted solely of the 75 largest counties in the United States as defined by the 1995 resident population. Strata 111, 112, 113, 311, 312, 511, 512, and 513 consisted of the remaining 3,120 counties. Because the 75 largest counties account for a disproportionately large amount of serious crime in the Nation, they were given a greater chance of being selected than the remaining counties. The 75 largest counties were placed into 6 strata defined by how their State submitted their 1994 NJRP data (electronically or centrally, electronically but required manual processing time, manually collected through site visits or not centrally) and by the 1995 population of the county. Stratum 0 consisted of the 19 counties with the largest population in 1995. Every county in stratum 0 was selected for the sample. Altogether, 45 out of the 75 largest counties were sampled. Thirty-two of the 45 sampled counties in the 1996 NJRP survey were also included in the 1994 survey. The 3,120 counties not among the 75 largest were placed into 8 strata defined (similar to the largest 75 counties) by how their 1994 NJRP data were submitted and by their 1995 population. The final sample thus included 344 counties from among the 3,120 counties outside the 75 largest. None of the counties refused to participate. Case-level data were successfully obtained on convicted felons sentenced in 1996 from these 344 counties. (Three of the 344 had no felony convictions during the survey period.) The 19 sampled counties in stratum 0 were self-representing only, and their sampled cases therefore had a first-stage sampling weight of 1. The remaining 325 counties sampled from the remaining strata were selected to represent their respective strata so that the felony conviction cases sampled had first-stage weights greater than 1. At the second stage of sampling, a systematic sample of felons sentenced for murder/nonnegligent manslaughter, sexual assaults, robbery aggravated assault, burglary, felony larceny/motor vehicle theft, fraud/forgery/embezzlement, drug trafficking, drug possession, weapons offenses, and other offenses was selected from each county's official records. The total sample numbered 414,969 cases. Of these, 270,104 cases were in the 75 largest counties. Rates at which cases were sampled varied by how the data were submitted, by stratum and by crime type. In larger counties all murder cases and rape cases were typically included, but other offense categories were sampled. Sampling error NJRP data were obtained from a sample and not from a complete enumeration; consequently, they are subject to sampling error. A standard error, which is a measure of sampling error, is associated with each number in the report. In general, if the difference between two numbers is at least twice the standard error of that difference (the criterion used in this report), there is at least 95% confidence that the two numbers do in fact differ; that is, the apparent difference is not simply the result of surveying a sample rather than the entire population. National estimates of the number of convictions for individual crime categories and for the aggregate total had a coefficient of variation of 3.7%. Missing data Unless otherwise stated, computations of statistics shown in the report's tables excluded sample cases that were missing data for the particular variables being tabulated. Hispanic origin This report does not analyze Hispanics as a separate category. Hispanic origin is rarely recorded in court records that the NJRP is based on. Sources of data State courts were the source of NJRP data for about 73% of the 344 counties sampled. For other counties, sources included statistical agencies, sentencing commissions, department of public safety, probation departments, State police departments, and department of corrections. Individual-level NJRP records were obtained through a variety of collection methods, including electronically (86% of the counties) and manually (14%). Electronic methods of data submission included: diskette, magnetic tape, and transmission over the Internet. Manual methods included photocopies of official documents, survey questionnaires completed by court officials, and on-site collections by Census Bureau staff. All data were collected by the U.S. Bureau of the Census. Targeted population The survey targeted and recorded initial sentences imposed in 1996. If a sentence was imposed on one date and then modified at a later date, the revision was ignored. The survey recorded sentences that were actually executed and excluded suspended sentences. Because the year of conviction was not a defining characteristic, some cases in the sample were of persons convicted before 1996 but not sentenced until 1996. In a few counties where it was impractical to target sentences in 1996, the target was felons convicted in 1996. Hence, in some of the cases the data pertain to sentences imposed after 1996. Crime definitions Murder and nonnegligent manslaughter: Murder is (1) intentionally causing the death of another person without extreme provocation or legal justification or (2) causing the death of another while committing or attempting to commit another crime. Nonnegligent (or voluntary) manslaughter is intentionally and without legal justification causing the death of another when acting under extreme provocation. The combined category of murder and nonnegligent manslaughter excludes involuntary or negligent manslaughter, conspiracies to commit murder, solicitation of murder, and attempted murder. Rape/Sexual assault: Rape includes forcible intercourse (vaginal, anal, or oral) with a female or male. Includes forcible sodomy or penetration with a foreign object (sometimes called "deviate sexual assault"); excludes statutory rape or any other nonforcible sexual acts with a minor or with someone unable to give legal or factual consent. Includes attempts. Other sexual assault includes (1) forcible or violent sexual acts not involving intercourse with an adult or minor, (2) nonforcible sexual acts with a minor (such as statutory rape or incest with a minor), and (3) nonforcible sexual acts with someone unable to give legal or factual consent because of mental or physical defect or intoxication. Includes attempts. Robbery: the unlawful taking of property that is in the immediate possession of another, by force or the threat of force. Includes forcible purse snatching, but excludes nonforcible purse snatching, which is classified as larceny/theft. Includes attempts. Aggravated assault: (1) intentionally and without legal justification causing serious bodily injury, with or without a deadly weapon or (2) using a deadly or dangerous weapon to threaten, attempt, or cause bodily injury, regardless of the degree of injury, if any. Includes attempted murder, aggravated battery, felonious assault, and assault with a deadly weapon. Other violent: violent offenses excluded are murder and nonnegligent manslaughter, rape and sexual assault, robbery, and aggravated assault. Includes offenses such as kidnaping, extortion, and negligent manslaughter. Includes attempts. Burglary: the unlawful entry of a fixed structure used for regular residence, industry, or business, with or without the use of force, to commit a felony or theft. Includes attempts. Larceny: the unlawful taking of property other than a motor vehicle from the possession of another, by stealth, without force or deceit. Includes pocketpicking, nonforcible purse snatching, shoplifting, and thefts from motor vehicles. Excludes receiving and/or reselling stolen property (fencing), and thefts through fraud or deceit. Includes attempts. Motor vehicle theft: the unlawful taking of a self-propelled road vehicle owned by another. Includes the theft of auto-mobiles, trucks, and motorcycles, but not the theft of boats, aircraft, or farm equipment (classified as larceny/theft). Also includes receiving, possessing, stripping, transporting, and reselling stolen vehicles, and unauthorized use of a vehicle (joyriding). Includes attempts. Fraud, forgery, and embezzlement: using deceit or intentional misrepresentation to unlawfully deprive a persons of his or her property or legal rights. Includes offenses such as check fraud, confidence game, counterfeiting, and credit card fraud. Includes attempts. Drug trafficking: includes manufacturing, distributing, selling, smuggling, and possession with intent to sell. Includes attempts. Drug possession: includes possession of an illegal drug, but excludes possession with intent to sell. Includes attempts. Weapons offenses: the unlawful sale, distribution, manufacture, alteration, transportation, possession, or use of a deadly or dangerous weapon or accessory. Other felonies: all felony offenses not listed above. Includes receiving stolen property, driving while intoxicated or other traffic offenses, bribery, obstructing justice, escaping from custody, family offenses (such as child neglect, contributing to the delinquency of a minor, nonpayment of child support), and nonviolent sexual offenses (such as incest, pornography offenses, pimping, prostitution). Includes attempts. NJRP data consistent with other national data Chapter VI, Trends in incarceration and sentence length in State Courts, compares trends in sentencing based on NJRP data and trends based on other sources of national data. Results indi- cate a close correspondence between alternative sources of data. Additional information on this topic is contained in the BJS publication Assessing the Accuracy of State Prison Statistics (NCJ 173413). U.S. Department of Justice Bureau of Justice Statistics Jan M. Chaiken, Ph.D. Director This report was prepared by David J. Levin, Patrick A. Langan, and Jodi M. Brown of the Bureau of Justice Statistics. Matthew Durose assisted with verification. Yvonne Boston edited and produced the report, assisted by Tom Hester and Tina Dorsey. Jayne Robinson prepared the report for printing. Data collection and processing were done by the staff of the U.S. Bureau of the Census. That staff included Terri L. Carter and Carma Hogue of the Economic Statistical Methods and Programming Division and Latrice Brogsdale-Davis, Victoria Campbell, Martha Greene, Martha Haselbush, Henrietta Herrin and Patricia Torreyson under the supervision of Stephanie Brown of the Governments Division. Data utilized in this report are available from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The data sets are archived as the National Judicial Reporting Program, 1996 ICPSR 2660. End of file 3/10/00 ih