U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Felony Sentences in State Courts, 1992 January 1995, NCJ-151167 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#fssc Full text with tables available from: Bureau of Justice Statistics Clearinghouse 800-732-3277 (fax number for report orders and mail list signup only: 410-792-4358) Box 179 Annapolis Junction, MD. 20701-0179 Highlights * State courts convicted 893,600 adults of a felony in 1992. * From 1988 to 1992 the volume of felony convictions rose 34%. Convictions rose the most for aggravated assault (up 57%) and drug trafficking (up 53%). * The growth in convictions outpaced that in adult arrests. Despite the relatively large increase in convictions, processing was not slower in 1992 than in 1988. In both years average elapsed time from arrest to sentencing was around 7 months. * The proportions of felons sentenced to incarceration or probation in 1992 were generally unchanged from 1988. Prison sentences accounted for 44% of felony sentences in both years. * Drug traffickers (19%) and drug possessors (12%) together made up 31% of felons convicted in State courts in 1992. Violent offenders--consisting of murderers (1%), rapists (2%), robbers (6%), assaulters (7%), and others convicted of a violent crime (2%)--made up 18%. Burglars (13%) and larcenists (13%) made up most of the rest. * State courts sentenced 44% of convicted felons to a State prison, 26% to a local jail, and 30% to straight probation with no jail or prison time to serve. * State courts sentenced to death 2% of those convicted of murder. * Felons sentenced to a State prison in 1992 had an average sentence of 6 1/2 years but were likely to serve roughly a third of that sentence--or about 2 1/2 years--before release, assuming that current release policies continued. * The average sentence to local jail was 7 months. The average probation sentence was about 4 years. In addition, a fine was imposed on 18% of convicted felons, restitution on 16%, community service on 6%, and treatment was ordered for 7%. * Of the total number of convicted felons in 1992, 92% had pleaded guilty to their crime. The remaining 8% had been found guilty at trial. * Nationally, of the felons convicted in 1992, 52% were white, 47% were black, and 1% were of other races. Source of Federal statistics: Federal Justice Statistics Program, unpublished 1992 data. By Patrick A. Langan, Ph.D. and Helen A. Graziadei BJS Statisticians In 1992 State courts convicted nearly 900,000 adults of a felony. Forty-four percent of convicted felons were sentenced to a State prison, and 26% were sentenced to a local jail (usually for a year or less). The remaining 30% were sentenced to straight probation with no jail or prison time to serve. These findings come from a survey that is done every 2 years and that provides the only detailed description of the sentences felons receive in State courts nationwide. National Judicial Reporting Program The National Judicial Reporting Program (NJRP) compiles detailed information on the sentences and characteristics of convicted felons. Previous surveys of felony sentencing in State courts were conducted in 1986, 1988, and 1990. (See Felony Sentences in State Courts, 1986, NCJ-115210, February 1989; Felony Sentences in State Courts, 1988, NCJ-126923, December 1990; and Felony Sentences in State Courts, 1990, NCJ-140186, March 1993.) The 1992 survey was based on a sample of 300 counties selected to be nationally representative. All but 1 of the 300 were in the 1988 and 1990 surveys. The 300 include the District of Columbia and at least 1 county from every State except, by chance, Vermont. Among the 300 sampled counties, 2 sentenced no felons during 1992. The 1992 survey excluded Federal courts and those State or local courts that did not adjudicate adult felony cases. Federal courts convicted 41,673 persons of a felony in 1992. (In 1992 the State court in one county,Los Angeles, accounted for nearly 44,000 felony convictions, more than in all the Nation's Federal courts combined. Source of Federal statistics: Federal Justice Statistics Program, unpublished 1992 data.) That number represents 4% of the combined State and Federal total number of felony convictions during 1992. The 1992 survey included only offenses that State penal codes defined as felonies. Felonies are widely defined as crimes that have the potential of being punished by more than 1 year in prison. Felony conviction offenses A total of 893,600 persons were convicted of a felony in State courts in 1992, including 165,000 (or 18% of the total) for a violent felony; 297,000 (34%) for the property offenses of burglary, larceny, fraud, and forgery; 280,000 (31%) for drug offenses; and 26,000 (3%) for weapons offenses. The remaining 124,000 (14%) consisted of persons convicted of nonviolent offenses such as receiving stolen property and escaping custody. Marijuana trafficking convictions were 2% of the conviction total, and marijuana possession convictions were less than 1% of the total. Sentences for felonies In 1992, 70% of all convicted felons were sentenced to a period of confinement--44% to State prisons and 26% to local jails. The difference between prison and jail sentences is that jail sentences are for short-term confinement (usually for a year or less) in a county or city facility, while prison sentences are for long-term confinement (usually for over a year) in a State facility. An estimated 30% of all convicted felons were sentenced to straight probation with no jail or prison time to serve. Sentence length An offender convicted of multiple offenses receives a sentence for each offense. If multiple prison sentences are imposed, the court then decides whether the convicted felon will serve the sentences concurrently (at the same time) or consecutively (one after another). For persons with consecutive sentences, the total time is the sum of the sentence lengths, and for persons with concurrent sentences, the total time is the same as the longest sentence. For persons convicted of a single offense, the total time refers simply to the sentence for that offense. Whenever an offender received a pris- on sentence range, such as 5 to 10 years, the total time refers to the maximum. For the Nation in 1992, the mean felony sentence to incarceration (prison or jail) was 4 years and 5 months; the median was 2 years. Prison sentences In 1992 the mean length of sentences to State prison was just over 6« years; the median term was 4 years. The mean prison sentence for murder and nonnegligent manslaughter was just under 21 years; the median was 24 years. Among persons convicted of murder or nonnegligent manslaughter, 25% were sentenced to life in prison, and 1.6% were sentenced to death. Among those convicted of murder specifically (not including nonnegligent manslaughter), 34% were sentenced to life, and 2.2% were sentenced to death. (Not all persons convicted of murder were subject to the death penalty. Thirty-six States authorized the death penalty in 1992. Within those 36, only certain types of murder were capital offenses.) Life sentences as a percentage of all sentences in 1992 were-- Percent sentenced to life in prison All offenses .7% Murder 25.0 Rape 2.3 Robbery 1.1 Aggravated assault .3 Other violent .2 Burglary .2 Larceny -- Fraud -- Drug possession .3 Drug trafficking .5 Weapons .2 Other .1 --Less than 0.05%. Jail and probation sentences Among felons who received a sentence to local jail in 1992, the mean sentence was 7 months, and the median was 5 months. Probation sentences had a mean length of just under 4 years and a median of 3 years. Estimated prison time to be served The amount of time felons actually serve in prison is typically a fraction of the total sentence received. Two primary reasons explain the difference between sentences received and time served: * In States that impose indeterminate sentences, a judge specifies the minimum and/or maximum sentence length, but a parole board decides when the prisoner will actually be released. * In most but not all States, prisoners gain early release through time credits that they receive automatically or that are granted them for good behavior or special achievements--provisions that are intended to help correctional officials to manage institutional populations. For both types of sentence reduction, released offenders usually serve the remaining portion of their sentences under supervision in the community. Based on data collected by BJS in its National Corrections Reporting Program, inmates released from prisons in 27 States in 1992 had served an average of 38% of their total sentence in prison. The percentage of sentence served ranged from a high of 50% for those convicted of rape to a low of 27% for those convicted of drug possession. Applying these percentages to State prison sentences received in 1992, it is estimated that felons sentenced in 1992 would serve about 2 1/2 years, or 38% of their average 6 1/2-year prison sentence. Convicted felon populations: Sex, race, and age In 1992 men comprised nearly 50% of the adult U.S. population but 87% of persons convicted of a felony and 93% of persons convicted of a violent felony. Whites were 86% of the adult U.S. population but 52% of persons convicted of a felony and 48% of the persons convicted of a violent felony. Corresponding figures for blacks were 11% of the adult U.S. population but 47% of convicted felons and 50% of felons convicted of a violent crime. The other races (American Indians, Alaska Natives, Asians, and Pacific Islanders) represented 3% of the U.S. population but 1% of convicted felons and 2% of those convicted of a violent crime. Persons in their twenties represented about 24% of the adult U.S. population but 46% of convicted felons. The mean or average age of felons was 30 years; the median was 28. * * * * * Felony convictions and sentences relative to the numbers of arrests, 1992 Using data from the NJRP and the FBI's Uniform Crime Reports (UCR) on offenses and arrests, the number of felony convictions in 1992 was compared with the number of crimes reported to police for offenses likely to be felonies and the number of arrests made for these crimes in 1992. These numbers are aggregates and should not be interpreted as representing the disposition of individual cases tracked across processing stages of the criminal justice system. In fact, a person arrested for a specific offense may be convicted of a different crime. Nevertheless, the comparisons illustrate the approximate odds of conviction and a prison sentence, given an arrest for a felony. For example, the FBI reports that in 1992 about 19,246 adults were arrested for murder (including non-negligent manslaughter). NJRP data show that 12,548 persons were convicted of murder and 11,670 murderers received a prison sentence. Together the data show that for every 100 persons arrested for murder in the United States in 1992, 65 were convicted of murder, and 61 were sentenced to prison for that offense. Corresponding figures for drug traffickers were 55 convictions and 26 prison sentences for every 100 arrests for drug trafficking. * * * * * Number of felony conviction offenses At time of sentencing, the vast majority of felons sentenced in 1992 (79%) were sentenced for a single felony offense. An estimated 16% were sentenced for two felony offenses, and the remaining 5% were sentenced for three or more. The number of offenses totals about 1.1 million felony conviction offenses for which 893,600 felons were convicted and sentenced in 1992. The greater the number of felony conviction offenses, the more severe was the sentence. The likelihood of a prison sentence rose from 40% for those convicted of one felony, to 55% for two, and to 59% for three or more. The mean sentence to prison also increased from just under 6 years for those convicted of one felony to just over 8 years for those convicted of two or more. * * * * * Trends in the United States: 1988 to 1992 From 1988 to 1992 the volume of felony convictions rose 34%. The number of convictions for murder, rape, and robbery each rose about 39%. The greatest increases in the number of convictions were for aggravated assault (up 57%) and drug trafficking (up 53%). The number of convictions and prison sentences rose more than that of adult arrests. For example, regarding violent crime, adult arrests went up 15%, but felony convictions rose 45% and prison sentences rose 41%. (Trends from 1988 to 1992 for specific offenses are shown in the table below.) Despite the relatively large increase in convictions, cases generally took no longer in 1992 than in 1988. In both years, average elapsed time from arrest to sentencing was around 7 months. There was no indication that to keep pace with the 1988 processing time courts disposed a larger percentage of 1992 cases by guilty plea. In both years guilty pleas accounted for about 92% of felony convictions. The only demographic change identified over this period was in the racial distribution of defendants. Roughly corresponding to changes in the racial distribution of persons arrested, the number of black felons as a percentage of all persons convicted rose from 41% in 1988 to 47% in 1992. Sentencing patterns were generally unchanged except for drug traffickers. Prison sentences overall accounted for 44% of sentences in both 1988 and 1992. The average prison sentence was about 6« years in 1992, not significantly different from what it was in 1988. The percentage of drug traffickers receiving a prison sentence rose from 41% in 1988 to 48% in 1992, and the average prison sentence rose from 5« years in 1988 to 6 years in 1992. * * * * * Trends in the 75 largest counties: 1986 to 1992 There are over 3,000 counties in the United States, but crime is heavily concentrated in just 75 of them, the Nation's most populous urban jurisdictions. These 75 have 37% of the U.S. population but in 1992 accounted for about half of the crimes reported to police, half of all arrests, and half of all felony convictions. Data from a 1992 survey done for the National Pretrial Reporting Program (NPRP) provide information on adjudication outcomes in the 75 largest counties. NPRP data indicate that following the filing of 1992 felony charges in State courts, 14% of felony defendants were convicted of a misdemeanor, 27% were dismissed or acquitted, and 5% had other outcomes (for example, adjudication deferred or case diverted from the justice system). The remaining 54% were convicted of a felony. Data from the 1992 National Judicial Reporting Program provide additional information about those convicted of a felony in the 75 largest counties. * The courts in the Nation's 75 largest urban counties convicted 71% more felons in 1992 than in 1986. The rise over the 6 years in the number of convictions outpaced the rise in adult arrests: Violent crime (murder, rape, robbery, and assault), among adults-- The number of arrests up 30%, The number of convictions up 48%. Murder arrests up 12%, convictions up 40%. Rape arrests down 11%, convictions up 20%. Robbery arrests up 10%, convictions up 33%. Assault arrests up 45%, convictions up 88%. Nonviolent crime, such as burglary and drug trafficking, among adults-- Burglary arrests down 2%, convictions up 28%. Drug trafficking arrests up 51%, convictions up 116%. * Despite the increased volume of convictions, the amount of time that courts took to dispose of cases (as indicated by elapsed time from arrest to sentencing) declined from 1986 to 1992. For felonies generally, the average time from arrest to sentencing was about 6 months (187 days) in 1992, down from about 7 months (220 days) in 1986. However, murder and rape, the two specific crimes most frequently decided by trials rather than guilty pleas, had no measurable decline in elapsed time. The remaining crimes had declines in case processing time of 3 weeks or longer. * The percentage of violent crimes resulting in a prison sentence was essentially unchanged from 1986 to 1992. For nonviolent crimes this percentage generally rose from 1986 to 1990 but remained stable from 1990 to 1992. * * * * * Method of conviction Of the 893,630 convicted felons, the vast majority--nearly 821,000, representing 92% of those sentenced for a felony in 1992--pleaded guilty. The rest were found guilty either by a jury or by a judge in a bench trial. Persons convicted of murder were the least likely to have pleaded guilty (59%) and the most likely to have been convicted by a jury (33%). Contrary to popular belief, however, neither murder nor violent crime generally accounts for most jury trials. Of all jury trial felony convictions in 1992, 44% (16,680 cases) were for violent crime; 56% (20,913 cases) were for nonviolent crime. The single felony category most frequently decided by juries was drug trafficking (6,728 cases, or 18% of all jury convictions), not murder (4,076 cases, or 11%). Murderers convicted by a jury were the most likely to have received a life sentence (47%) or the death penalty (4%). Case processing time Mean elapsed time from arrest to sentencing in 1992 was nearly 7 months. Median time was slightly under 5 months. Jury trial cases took the most time--10 months on average from arrest to sentencing. Cases disposed by guilty plea took the least amount of time--a little over 6« months on average. Additional penalties Besides being sentenced to incarceration or probation, 37% or more of convicted felons also were ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other additional penalty (for example, undergo house arrest or appear periodically for drug testing). A fine was imposed on at least 18% of convicted felons. Minimum estimates of percentages receiving other penalties are 16% restitution, 7% some form of treatment, and 6% community service. Methodology Sampling Except for 1 county (replaced by another county), the sample of 300 counties drawn for the 1988 survey was also used in the 1992 survey. Every county in the Nation had a nonzero probability of being in the sample. In general, the more felony cases a county had, the more likely it was to be in the sample. The survey used a two-stage, stratified cluster sampling design. In the first stage the Nation's 3,109 counties or county equivalents were divided into 8 strata. Strata 1 and 2 consisted solely of the 75 largest counties in the United States as defined by the 1985 resident population. Strata 3 through 8 consisted of the remaining 3,034 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. Stratum 1 consisted of the 19 counties with the largest number of felony convictions in 1985, plus 12 counties whose participation in the survey had been prearranged. Every county in stratum 1 was selected for the sample. Stratum 2 consisted of the 44 most populous counties that were not in stratum 1. The 44 were ordered by their number of felony convictions in 1985, and then approximately every other county was selected. Stratum 2 thus contributed 23 counties to the sample. Altogether, 54 out of the 75 largest counties were sampled. Data on 1985 felony convictions were obtained from a mail survey described in State Felony Courts and Felony Laws (NCJ-106273) and Census of State Felony Courts, 1985 (codebook for ICPSR 8667). The 54 sampled counties in the 1992 NJRP survey were the same 54 as in the 1986 and 1988 surveys. The 3,034 counties not among the 75 largest were placed into 6 strata defined by the total number of felony convictions in 1985 and then arrayed within stratum by region, and within region from largest to smallest on felony conviction totals. Sampling specifications for the 6 strata are given in the Appendix table on page 16. The final sample thus included 246 counties from among the 3,034 counties outside the 75 largest. One of the 246 did not participate. That county was then replaced by another in the same stratum. Case-level data were successfully obtained on convicted felons sentenced in 1992 from these 300 counties. (Two of the 300 had no felony convictions during the survey period.) The 60 sampled counties in strata 1 and 3 were self-representing only, and their sampled cases therefore had a first stage sampling weight of 1. The remaining 240 counties sampled from strata 2 and 4 through 8 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, rape, 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 105,657 cases. Of these, 72,943 cases were in the 75 largest counties. Rates at which cases were sampled varied by stratum and crime type. In smaller counties every felony case was taken. In larger counties all murder cases and rape cases were typically included, but other offense categories were sampled. Before the sample of cases was drawn, each felon sentenced in the sampled county in 1992 was placed into 1 of the 11 offense categories identified above. If the felon was convicted of more than one felony offense, the offense category was the most serious offense. The hierarchy from most to least serious offense was murder, rape, robbery, aggravated assault, burglary, drug trafficking, weapons, forgery/fraud/embezzlement, larceny/ motor vehicle theft, drug possession, all other felonies. The hierarchy was determined from an analysis of two factors that reflect how seriously the justice system treats different offenses: the sentence length imposed and the time actually served in prison before release. In general, the higher the offense is in the hierarchy, the more serious it is in terms of the two factors. Sample selection procedures gave each sentenced felon a single chance to be in the sample. However, felons who appeared in court on more than 1 day for different offenses and received a sentence at each reappearance had more than a single chance. At the data analysis stage, cases were aggregated according to their offense designation at the time of sampling, with the single exception of "other violent." "Other violent" is a category shown in the report's tables, but it was not a category at sampling. The "other violent" category was formed from the sampling category "other felonies." That is, after sampling, sampled cases designated "other felonies" were coded "violent," "nonviolent," or "not ascertained," based on data available on them. Cases coded "not ascertained" were rare. For data analysis, cases coded "other violent" were removed from the "other felonies" category and shown separately in the report's tables. 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%. Standard errors for each table in the report are on pages 13 through 16. Sources of data State courts were the source of NJRP data for about 80% of the 300 counties sampled. For other counties, sources included prosecutors' offices, sentencing commissions, and statistical agencies. Individual-level NJRP records were obtained through a variety of collection methods, including magnetic tape (61% of the counties) and field collection (12%). Photocopies of official documents and survey questionnaires completed by court officials were additional data sources (27%). Data collection for 235 counties was performed by the U.S. Bureau of the Census and for 65 counties by the National Association of Criminal Justice Planners. Targeted population The survey targeted and recorded initial sentences imposed in 1992. 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 1992 but not sentenced until 1992. In a few counties where it was impractical to target sentences in 1992, the target was felons convicted in 1992. Hence, in some of the cases the data pertain to sentences imposed after 1992. 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 murder and nonnegligent manslaughter excludes involuntary or negligent manslaughter, conspiracies to commit murder, solicitation of murder, and attempted murder. Rape: forcible intercourse (vaginal, anal, or oral) with a female or male. Includes forcible sodomy or penetration with a foreign object (which are 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. 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 excluding murder and nonnegligent manslaughter, rape, robbery, and aggravated assault. Includes offenses such as sexual assault, 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 and motor vehicle theft: Larceny is the unlawful taking of property other than a motor vehicle from the possession of another, by stealth, without force or deceit. Includes pocket picking, 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 is the unlawful taking of a self-propelled road vehicle owned by another. Includes the theft of automobiles, 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 as well as unauthorized use of a vehicle (joyriding). Includes attempts. Fraud, forgery, and embezzlement: using deceit or intentional misrepresentation to unlawfully deprive a person 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, or "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 statutory rape, incest, pornography offenses, pimping, prostitution). Includes attempts. * * * * * BJS Bulletins are a publication series that presents the first release of findings from permanent data collection programs. This Bulletin was written by Patrick A. Langan and Helen A. Graziadei of the Bureau of Justice Statistics. Tom Hester edited the report. Marilyn *sMarbrook administered final report production, assisted by Priscilla Middleton and Jayne Robinson. Data collection and processing were done by Mark Cunniff and Robert Cushman of the National Association of Criminal Justice Planners; and by the staff of the U.S. Bureau of the Census, including Latrice Brogsdale-Davis, Charlene Sebold, Martha Greene, Henrietta Herrin, and Victoria Campbell, under the supervision of Stephanie Brown, of the Governments Division; and including Denise Turner of the Field Division and Carma Hogue of the Economic Statistical Methods and Procedures Division. January 1995, NCJ-151167 END OF FILE