U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin May 1999, NCJ 173939 This file was revised 7/30/99 to be consistent with the printed report and to update several numbers. Felony Sentences in State Courts, 1996 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 By Jodi M. Brown Patrick A. Langan, Ph.D. and David J. Levin BJS Statisticians --------------------------------------------------- Highlights * 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). * 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 nonviolent crimes made up the rest (18%). * State courts sentenced 38% of convicted felons to a State prison, 31% to a local jail, and 31% to straight probation with no jail or prison time to serve. * The 38% of convicted felons given a prison sentence in 1996 was the lowest percentage in all the years that the survey has been conducted. * The average sentence to local jail was 6 months. The average probation sentence was almost 3½ years. A fine was imposed on 20% of convicted felons, restitution on 14%, community service on 6%, and treatment was ordered for 6%. * The average sentence length to State prison has decreased since 1988, but felons sentenced in 1996 were likely to serve more of that sentence before release. * Trial convictions accounted for 9% of felony convictions in 1996. Guilty pleas accounted for the remaining 91%. Since 1988 guilty pleas have remained at about 90% of felony convictions. * Nationally, of the felons convicted in 1996, 54% were white, 44% were black, and 2% were other races. The average age of felons convicted in State courts in 1996 was 31. * Females account for an increasing portion of felons convicted in State courts. In 1988, females were 13% of convicted felons; in 1996, 16%. * In 1996 the average time from arrest to sentencing was just over 7 months (219 days). Possibly because of increased workload (977,970 cases in 1996 versus 667,366 in 1988), courts took an average of 11 days longer to process cases in 1996 than in 1988. ---------------------------------------------------- In 1996 State courts convicted almost 998,000 adults of a felony. 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. 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, 1990, 1992, and 1994.(Footnote: 1 See Felony Sentences in State Courts, 1986, NCJ 115210, February 1989; Felony Sentences in State Courts, 1988, NCJ 126923, December 1990; Felony Sentences in State Courts, 1990, NCJ 140186, March 1993; Felony Sentences in State Courts, 1992, NCJ 151167, January 1995; and Felony Sentences in State Courts, 1994, 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 1 county from every State except, by chance, Delaware, Montana, and Wyoming. Among the 344 sampled counties, 3 sentenced no felons during 1996. The 1996 survey excluded Federal courts and those State or local courts that did not adjudicate adult felony cases. According to the BJS Federal Justice Statistics Program, Federal courts convicted 43,839 persons of a felony in 1996.(Footnote 2: In 1996 the State court in 1 county, Los Angeles, accounted for nearly 40,000 felony convictions.) That number represents 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. 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 997,970 persons were convicted of a felony in State courts in 1996, including 167,800 (or 16.8%of the total) for a violent felony; 298,600 (29.9%) for the property offenses of burglary, larceny, fraud, and forgery; 347,800 (34.8%) for drug offenses; and 33,300 (3.3%) for weapons offenses (table 1). ----------------------------------------------------------------------------- Table 1. Estimated number of felony convictions in State courts, 1996 Most serious Felons convictions in State court conviction offense Number Percent All offenses 997,970 100 % Violent offenses 167,824 16.8 % Murder/a 11,430 1.1 Murder 8,564 0.9 Manslaughter 2,866 0.3 Sexual assault/b 30,057 3.0 Rape 13,559 1.4 Other sexual assault 16,498 1.7 Robbery 42,831 4.3 Armed 12,041 1.2 Unarmed 12,155 1.2 Unspecified 18,635 1.9 Aggravated assault 69,522 7.0 Other violent/c 13,984 1.4 Property offenses 298,631 29.9 % Burglary 93,197 9.3 Residential 10,605 1.1 Nonresidential 18,220 1.8 Unspecified 64,371 6.5 Larceny/d 123,201 12.3 Motor vehicle theft 17,794 1.8 Other theft 105,406 10.6 Fraud/e 82,233 8.2 Fraud 41,480 4.2 Forgery 40,753 4.1 Drug offenses 347,774 34.8 % Possession 135,270 13.6 Trafficking 212,504 21.3 Marijuana 20,618 2.1 Other 68,985 6.9 Unspecified 122,901 12.3 Weapons offenses 33,337 3.3 % Other offenses/f 150,404 15.1 % Note: Detail may not sum to total because of rounding. Data specifying the conviction offense were available for 997,970 cases. a/Manslaughter is defined as nonnegligent manslaughter only. A small number of cases was classified at nonnegligent manslaughter when it was unclear if the conviction offense was murder or nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes a small number of convictions with unspecified offense e/Includes embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. ----------------------------------------------------------------------------- The remaining 150,400 (15.1%)consisted of persons convicted of nonviolent offenses such as receiving stolen property and escaping custody. Marijuana trafficking convictions were 2.1% of the conviction total, and marijuana possession convictions were 4.2% of the total. Sentences for felonies In 1996, 69% of all convicted felons were sentenced to a period of confinement -- 38% to State prisons and 31% to local jails (table 2). ----------------------------------------------------------- Table 2. Types of felony sentences imposed by State courts, by offense, 1996 Percent of felons sentenced to -- Most serious Incarceration conviction offense Total Total Prison Jail Probation All offenses 100 % 69 % 38 % 31 % 31 % Violent offenses 100 % 79 % 57 % 22 % 21 % Murder/a 100 95 92 3 5 Sexual assault/b 100 79 63 16 21 Robbery 100 87 73 14 13 Aggravated assault 100 72 42 30 28 Other violent/c 100 73 38 34 27 Property offenses 100 % 62 % 34 % 28 % 38 % Burglary 100 71 45 26 29 Larceny/d 100 63 31 32 37 Fraud/e 100 50 26 24 50 Drug offenses 100 % 72 % 35 % 37 % 28 % Possession 100 70 29 41 30 Trafficking 100 73 39 33 27 Weapons offenses 100 % 67 % 40 % 27 % 33 % Other offenses/f 100 % 63 % 31 % 32 % 37 % Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Prison includes death sentences. Data on sentence type were available for 997,906 cases. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/mother vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. ----------------------------------------------------------- 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 31% 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 prison sentence range, such as 5 to 10 years, the total time refers to the maximum. For the Nation in 1996, the mean felony sentence to incarceration (prison or jail) was 3 years and 2 months; the median was 1 year and 4 months (table 3). -------------------------------------------------------- Table 3. Lengths of felony sentences imposed by State courts, by offense and type of sentence, 1996 Maximum sentence length in months for felons sentenced to-- Most serious Incarceration conviction offense Total Total Prison Jail Probation Mean All offenses 39 mo 38 mo 62 mo 6 mo 41 mo Violent offenses 72 mo 78 mo 105 mo 7 mo 48 mo Murder/a 241 249 257 8 72 Sexual assault/b 92 98 120 8 66 Robbery 84 87 101 10 52 Aggravated assault 43 43 69 6 41 Other violent/c 36 34 59 6 44 Property offenses 33 mo 30 mo 49 mo 6 mo 40 mo Burglary 43 41 60 6 46 Larceny/d 27 22 40 6 38 Fraud/e 31 24 43 5 39 Drug offenses 32 mo 28 mo 51 mo 6 mo 42 mo Possession 24 20 41 5 37 Trafficking 36 34 55 7 45 Weapons offenses 31 mo 29 mo 45 mo 5 mo 35 mo Other offenses/f 30 mo 24 mo 42 mo 6 mo 40 mo Median All offenses 24 mo 16 mo 36 mo 6 mo 36 mo Violent offenses 36 mo 38 mo 60 mo 6 mo 36 mo Murder/a 254 288 300 8 60 Sexual assault/b 60 60 72 6 60 Robbery 60 60 72 9 60 Aggravated assault 24 23 48 6 36 Other violent/c 23 12 36 6 36 Property offenses 24 mo 13 mo 36 mo 6 mo 36 mo Burglary 30 24 48 6 36 Larceny/d 23 12 24 6 36 Fraud/e 24 12 30 4 36 Drug offenses 23 mo 12 mo 36 mo 6 mo 36 mo Possession 12 9 24 5 36 Trafficking 24 16 36 6 36 Weapons offenses 24 mo 16 mo 30 mo 4 mo 36 mo Other offenses/f 24 mo 12 mo 32 mo 5 mo 36 mo Note: See note on table 2. Means exclude sentences to death or to life in prison. Sentence length data were available for 997,906 incarceration and probation sentences. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offenses such as receiving stolen property and vandalism. -------------------------------------------------------- Prison sentences In 1996 the mean length of sentences to State prison was just over 5 years; the median term was 3 years. The mean prison sentence for murder and nonnegligent manslaughter was 21½ years; the median was 25 years. Life sentences are rare among convicted felons, whether measured as a percentage of all sentences (0.5%) or as a percentage just of prison sentences (1.2%). Among persons convicted of murder or nonnegligent manslaughter, 26% were sentenced to life in prison, and 2% were sentenced to death. Among persons convicted of murder or nonnegligent manslaughter and sentenced to prison, 28% were sentenced to life in prison, and 2% were sentenced to death. When considering those convicted of murder specifically (not including nonnegligent manslaughter), 33% were sentenced to life, and 3% were sentenced to death. Again, among those convicted of murder specifically and sentenced to prison, 35% were sentenced to life in prison, and 3% were sentenced to death.(Footnote 3: Not all persons convicted of murder were subject to the death penalty. Thirty-eight States authorized the death penalty in 1996. Within those 38, only certain types of murder were capital offenses.) Life sentences in 1996 were -- Life sentences as a percent of -- All All prison sentences sentences All offenses .5% 1.2% Murder 25.7 27.7 Sexual assault 1.3 2.0 Robbery 1.0 1.4 Aggravated assault .3 .8 Other violent .1 .4 Burglary .2 .4 Larceny -- .2 Fraud -- -- Drug possession .1 .5 Drug trafficking .1 .2 Weapons .1 .2 Other -- -- --Less than 0.05%. Jail and probation sentences Among felons who received a sentence to local jail in 1996, the mean sentence was 6 months, and the median was 6 months. Probation sentences had a mean length of about 3 1/2 years and a median of 3 years (table 3). 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 manage institutional populations. For both types of sentence reduction, released offenders usually serve the remaining portion of their sentences under supervision in the community. To calculate time to be served by felons sentenced in 1996, the fraction of their sentence they might reasonably be expected to serve was obtained from records of inmates released from prison in a recent year. Life sentences were excluded because it is not possible to specify the percentage served. The percentage of the sentence that released inmates had served was applied to felons sentenced to prison in 1996. Based on data collected by BJS in its National Corrections Reporting Program, inmates released from prisons in 1996 had served an average of 45% of their total sentence in prison (table 4). ---------------------------------------------------------------- Table 4. Estimated time to be served in State prison, by offense, 1996 To be served in prison, estimated -- Most serious Mean prison Percent of conviction offense sentence sentence/a Time/b All offenses 62 mo 45 % 28 mo Violent offenses 105 mo 51 % 53 mo Murder/c 257 50 128 Sexual assault/d 120 51 61 Robbery 101 47 48 Aggravated assault 69 54 38 Other violent/e 59 51 30 Property offenses 49 mo 42 % 21 mo Burglary 60 42 25 Larceny/f 40 44 17 Fraud/g 43 39 17 Drug offenses 51 mo 41 % 21 mo Possession 41 40 16 Trafficking 55 42 23 Weapons offenses 45 mo 56 % 25 mo offenses/h 42 mo 49 % 21 mo a/Percentages are based on data from 231,857 persons released from State prisons in 1996 (National Corrections Reporting Program, 1996 tables 2-8 and 2-12). These percentages included credited jail time. b/Derived by multiplying the percentage of sentence to be served by the mean sentenced imposed. c/Includes nonnegligent manslaughter. d/Includes rape. e/Includes offenses such as negligent manslaughter and kidnaping. f/Includes motor vehicle theft. g/Includes forgery and embezzlement. h/Composed of nonviolent offenses such as receiving stolen property and vandalism. ---------------------------------------------------------------- The percentage of sentence served ranged from 56% for those convicted of weapons offenses to a low of 39% for those convicted of fraud. Applying these percentages to State prison sentences received in 1996, it is estimated that felons sentenced in 1996 would serve just over 2 years, or 45% of their average 5-year prison sentence. Since life sentences are rare for most types of crimes, this method gives reasonably sound estimates of time to be served for most offenses (assuming prison release policies applicable to persons sentenced in 1996 are not markedly different from those governing recent releases). However, life sentences are not rare for murder, though they are rare for nonnegligent manslaughter. Consequently, time to be served shown for "murder and nonnegligent manslaughter" perhaps substantially underestimates the amount of time all persons convicted of these offenses are likely to serve since the time only applies to persons not receiving a life sentence. Convicted felon populations: Sex, race, and age In 1996 men comprised 48% of the adult U.S. population but 84% of persons convicted of a felony and 92% of persons convicted of a violent felony (table 5). -------------------------------------------------------- Table 5. Demographic characteristics of persons convicted of felonies by State courts, by offense, 1996 Percent of convicted felons Most serious Sex Race Age at sentencing conviction offense Total Male Female White Black Other 13- 19 20-29 30-39 40-40 50-59 60+ Mean Median All offenses 100% 84% 16% 54% 44% 2% 9% 41% 33% 14% 3% 1% 31 yr 30 yr Violent offenses 100% 92% 8% 52% 46% 2% 12% 42% 28% 12% 4% 2% 30 yr 28 yr Murder/a 100 91 9 44 54 2 14 50 21 10 3 2 29 25 Sexual assault 100 99 1 70 27 3 6 32 31 18 8 5 35 33 Robbery 100 93 7 32 66 2 23 48 23 6 1 -- 26 24 Aggravated assault 100 89 11 55 43 2 10 43 29 13 3 1 31 29 Other violent/c 100 90 10 69 29 2 6 40 32 15 4 2 32 31 Property offenses 100% 77% 23% 59% 39% 2% 11% 42% 32% 13% 2% 1% 30 yr 29 yr Burglary 100 93 7 62 36 2 17 44 28 9 1 -- 28 26 Larceny/d 100 77 23 56 41 3 11 40 32 13 3 1 30 29 Fraude 100 59 41 60 38 1 5 41 35 16 3 1 32 31 Drug offenses 100% 83% 17% 45% 53% 2% 6% 40% 35% 15% 3% 1% 31 yr 30 yr Possession 100 81 19 49 49 2 4 36 40 17 3 1 32 32 Trafficking 100 84 16 43 56 1 7 44 32 14 3 1 31 29 Weapons offenses 100% 96% 4% 41% 58% 1% 12% 46% 26% 11% 3% 1% 30 yr 27 yr Other offenses/f 100% 89% 11% 69% 29% 2% 7% 36% 36% 16% 4% 1% 32 yr 31 yr Note: Data on sex were available for 782,079 cases; on race, 602,734; and on age 736,117. --Less than 0.5%. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. -------------------------------------------------------- Whites were 84% of the adult U.S. population but 54% of persons convicted of a felony and 52% of the persons convicted of a violent felony. Corresponding figures for blacks were 12% of the adult U.S. population but 44% of convicted felons and 46% of felons convicted of a violent crime. The other races (American Indians, Alaska Natives, Asians, and Pacific Islanders) represented 4% of the U.S. population but 2% of convicted felons and 2% of those convicted of a violent crime. Persons in their twenties represented about 19% of the adult U.S. population but 41% of convicted felons. The mean or average age of felons was 31 years; the median was 30. ------------------------------------------------------------ Felony convictions and sentences relative to the number of arrests, 1996 The number of felony convictions in 1996 (from the NJRP) was compared to the number from the FBI's Uniform Crime Reports (UCR) of crimes likely to be felonies that were reported to police and the number of arrests made for these crimes in 1996. These numbers are aggregates and should not be interpreted as representing the disposition of individual cases tracked through the criminal justice system. A person arrested for one 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 1996 almost 16,200 adults were arrested for murder (including nonnegligent manslaughter). NJRP data show that 11,430 persons were convicted of murder, and 10,505 murderers received a prison sentence. For every 100 persons arrested for murder in 1996, 71 were convicted and 65 were sentenced for that offense. Corresponding findings for drug traffickers were 66 convictions and 26 prison sentences for every 100 arrests for drug trafficking. Uniform Crime Reports For 100 arrests Number of crimes Number of Number of Number of reported to adults felony Number of felony sentences felony Number of felony sentences Offense the police arrested convictions Incarceration Prison convictions Incarceration Prison Murder 19650 16161 11430 10833 10505 71 67 65 Robbery 537050 106178 42831 37382 31195 40 35 29 Aggravated assault 1029810 445005 69522 49852 29042 16 11 7 Burglary 2501500 229745 93197 66101 42252 41 29 18 Motor vehicle theft 1395200 102578 17794 13242 5919 17 13 6 Drug trafficking ... 322393 212504 154977 83913 66 48 26 Note: The offenses selected have the greatest comparability across reporting series and are widely defined across the States as felonies. The offense designations in convictions and sentences came from the most serious offense. ...Data are not available *Includes nonnegligent manslaughter. Source of data on crime and arrests: Crime in the United States, 1996 (FBI, 1997) -------------------------------------------------- Number of felony conviction offenses At time of sentencing, the vast majority of felons sentenced in 1996 (76%) were sentenced for a single felony offense (table 6). -------------------------------------------------------- Table 6. Number of offenses for felons convicted and sentenced in 1996 in State courts, by most serious felony conviction offense, 1996 Percent of convicted felons with-- Three or Most serious One felony Two felony more felony conviction offense Total conviction convictions convictions All offenses 100 % 76 % 20 % 4 % Violent offenses 100 % 70 % 24 % 6 % Murder/a 100 62 29 9 Sexual assault/b 100 67 26 7 Robbery 100 68 26 7 Aggravated assault 100 72 23 5 Other violent/c 100 79 18 3 Property offenses 100 % 73 % 23 % 5 % Burglary 100 64 31 5 Larceny/d 100 84 14 2 Fraud/e 100 65 27 8 Drug offenses 100 % 78 % 19 % 3 % Possession 100 87 12 1 Trafficking 100 72 24 4 Weapons offenses 100 % 76 % 20 % 4 % Other offenses/f 100 % 88 % 10 % 2 % ------------ Note: Data on number of convictions were available for 983,545 cases. The number of convictions pertains to current, not past, convictions. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. -------------------------------------------------------- An estimated 20% were sentenced for two felony offenses, and the remaining 4% were sentenced for three or more. The number of offenses totaled about 1.2 million felony conviction offenses for which 997,970 felons were convicted and sentenced in 1996. (Footnote 4: The 1.2 million figure pertains to current, not past, convictions.) The greater the number of felony conviction offenses, the more severe was the sentence. The likelihood of a prison sentence rose from 35% for those convicted of one felony to 45% for two felonies and 52% for three or more (table 7). -------------------------------------------------------- Table 7. Convicted felons sentenced to prison by State courts, by number of conviction offenses, 1996 Percent of felons sentenced to prison following -- Most serious One felony Two felony Three or more conviction offense conviction convictions felony convictions All offenses 35 % 45 % 52 % Violent offenses 51 % 65 % 75 % Murder/a 90 94 97 Sexual assault/b 58 69 81 Robbery 69 80 85 Aggravated assault 37 51 58 Other violent/c 35 47 65 Property offenses 32 % 39 % 41 % Burglary 43 47 55 Larceny/d 30 39 42 Fraud/e 23 29 30 Drug offenses 34 % 40 % 49 % Possession 29 30 36 Trafficking 37 43 50 Weapons offenses 38 % 45 % 54 % Other offenses/f 30 % 38 % 42 % ----------------- Note: See note on table 2. Data on number of conviction offenses were available for 983,481 cases. The number of convictions pertains to current, not past, convictions. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. -------------------------------------------------------- The mean sentence to prison also increased from about 4 1/2 years for those convicted of one felony to a little more than 6 years for those convicted of two or more (table 8). -------------------------------------------------------- Table 8. Mean sentence lengths for felony sentences imposed, by the number and category of the conviction offense, 1996 Mean maximum sentence length (in months) for felons sentenced to -- Most serious Incarceration conviction offense Total Prison Jail Probation One conviction offense All offenses 33 mo 56 mo 6 mo 40 mo Violent offenses 65 mo 93 mo 7 mo 45 mo Murder/a 223 mo 231 mo 8 mo 70 mo Sexual assault/b 77 97 8 61 Robbery 75 89 10 51 Aggravated assault 38 65 6 39 Other violent/c 31 58 6 42 Property offenses 27 mo 46 mo 6 mo 38 mo Burglary 39 59 7 45 Larceny/d 21 38 6 37 Fraud/e 22 40 5 36 Drug offenses 26 mo 48 mo 6 mo 41 mo Possession 19 40 5 37 Trafficking 31 53 6 45 Weapons offenses 26 mo 41 mo 5 mo 34 Other offenses/f 24 mo 42 mo 6 mo 40 mo Two or more conviction offenses All offenses 51 mo 75 mo 6 mo 46 mo Violent offenses 100 mo 123 mo 7 mo 57 mo Murder/a 292 297 7 83 Sexual assault/b 131 151 8 88 Robbery 105 116 9 56 Aggravated assault 54 75 6 49 Other violent/c 43 62 7 50 Property offenses 36 mo 54 mo 6 mo 45 mo Burglary 45 62 6 47 Larceny/d 29 46 7 42 Fraud/e 28 46 5 45 Drug offenses 35 mo 58 mo 6 mo 43 mo Possession 25 50 6 38 Trafficking 39 60 6 45 Weapons offenses 38 mo 54 mo 6 mo 38 mo Other offenses/f 27 mo 43 mo 5 mo 43 mo Note: See notes on tables 2 and 3. Means exclude sentences to death or life imprisonment. Sentence length data were available for 997,906 cases. The number of convictions pertains to current, not past, convictions. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. -------------------------------------------------------- Method of conviction Of the 997,970 convicted felons, the vast majority -- about 906,000, representing 91% of those sentenced for a felony in 1996 -- pleaded guilty. The rest were found guilty either by a jury or by a judge in a bench trial (tables 9 and 10). -------------------------------------------------------- Table 9. Number of felony convictions in State courts, by offense and type of conviction, 1996 Number of felons convicted by-- Most serious Trial Guilty conviction offense Total Total Jury Bench plea All offenses 997,970 92,015 37,541 54,474 905,957 Violent offenses 167,824 29,319 17,671 11,648 138,508 Murder/a 11,430 5,298 4,519 780 6,133 Sexual assault/b 30,057 5,568 3,414 2,154 24,489 Robbery 42,831 6,985 4,128 2,858 35,844 Aggravated assault 69,522 9,390 4,653 4,737 60,134 Other violent/c 13,984 2,077 958 1,119 11,908 Property offenses 298,631 19,380 5,536 13,844 279,251 Burglary 93,197 7,282 2,705 4,577 85,915 Larceny/d 123,201 7,327 2,155 5,172 115,874 Fraud/e 82,233 4,771 676 4,095 77,462 Drug offenses 347,774 28,587 9,843 18,744 319,185 Possession 135,270 12,228 2,908 9,321 123,040 Trafficking 212,504 16,359 6,935 9,424 196,145 Weapons offenses 33,337 2,880 1,217 1,663 30,456 Other offenses/f 150,404 11,849 3,274 8,575 138,557 ---------------- Note: Detail may not add to the total because of rounding. Data on type of convictions were available for 629,593 cases. Table includes estimates for cases missing a designation of type of conviction. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. -------------------------------------------------------- -------------------------------------------------------- Table 10. Percent of felons convicted in State courts, by offense and type of conviction, 1996 Percent of felons convicted by -- Most serious Trial Guilty conviction offense Total Total Jury Bench plea All offenses 100 % 9 % 4 % 5 % 91 % Violent offenses 100 17 11 7 83 Murder/a 100 % 46 % 40 % 7 % 54 % Sexual assault/b 100 19 11 7 81 Robbery 100 16 10 7 84 Aggravated assault 100 14 7 7 86 Other violent/c 100 15 7 8 85 Property offenses 100 % 6 % 2 % 5 % 94 % Burglary 100 8 3 5 92 Larceny/d 100 6 2 4 94 Fraud/e 100 6 1 5 94 Drug offenses 100 % 8 % 3 % 5 % 92 % Possession 100 9 2 7 91 Trafficking 100 8 3 4 92 Weapons offenses 100 % 9 % 4 % 5 % 91 % Other offenses/f 100 % 8 % 2 % 6 % 92 % --------------- Note: Detail may not add to the total because of rounding. Data on type of convictions were available for 629,593 cases. Table includes estimates for cases missing a designation of type of conviction. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping. d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offenses such as receiving stolen property and vandalism. -------------------------------------------------------- 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%). Contrary to popular belief, however, neither murder nor violent crime generally accounts for most jury trials. Of all jury trial felony convictions in 1996, 47% (17,671 cases) were for violent crime; 53% (19,970 cases) were for nonviolent crime. The single felony category most frequently decided by juries was drug trafficking (6,935 cases, or 18% of all jury convictions), not murder (4,519 cases, or 12%). Murderers convicted by a jury were the most likely to have received a life sentence (43%) or the death penalty (5%). Type of sentence for murder or Type of nonnegligent manslaughter conviction Total Life Death Other Total 100 % 27 % 2 % 71 % Trial 100 41 5 54 Jury 100 43 5 52 Bench 100 12 2 86 Guilty plea 100 14 3 86 Juries accounted for 40% of murder convictions but 70% of life and death sentences for murder.(Footnote 5: Juries seldom impose a sentence on those they convict. With rare exception, sentencing following a jury trial is the responsibility of the judge, not the jury.) Case processing time Mean time from arrest to sentencing in 1996 was just over 7 months (table 11). -------------------------------------------------------- Table 11. Mean and median number of days between arrest and sentencing for felony cases disposed by State courts, 1996 Number of days between arrest and sentencing for cases disposed by -- Most serious Trial Guilty conviction offense Total Total Jury Bench plea Mean All offenses 219 days 267 days 355 days 202 days 235 days Violent offenses 252 days 321 days 382 days 215 days 259 days Murder/a 396 430 447 268 360 Sexual assault/b 289 320 370 248 283 Robbery 239 290 333 202 238 Aggravated assault 228 291 360 209 252 Other violent/c 218 265 436 175 252 Property offenses 213 days 234 days 334 days 196 days 231 days Burglary 211 247 319 197 234 Larceny/d 205 240 346 203 230 Fraud/e 227 213 363 188 231 Drug offenses 209 days 259 days 326 days 212 days 229 days Possession 204 216 312 181 221 Trafficking 211 285 330 238 232 Weapons offenses 217 days 276 days 372 days 188 days 236 days Other offenses/f 219 days 224 days 323 days 187 days 230 days Median All offenses 149 days 211 days 293 days 154 days 164 days Violent offenses 184 days 263 days 315 days 181 days 188 days Murder/a 327 363 377 191 282 Sexual assault/b 220 279 307 192 209 Robbery 176 239 284 188 174 Aggravated assault 165 247 295 181 178 Other violent/c 161 197 306 148 194 Property offenses 142 days 182 days 281 days 154 days 156 days Burglary 139 202 267 165 158 Larceny/d 135 193 287 164 153 Fraud/e 154 147 342 123 156 Drug offenses 136 days 202 days 264 days 155 days 159 days Possession 129 170 262 142 163 Trafficking 139 227 264 168 157 Weapons offenses 148 days 232 days 300 days 163 days 161 days Other offenses/f 157 days 162 days 255 days 128 days 167 days --------------- Note: The grand total includes all cases, whether or not conviction type was known. Data on time to dipose of felonies were available for 521,919 cases. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed of nonviolent offenses such as receiving stolen property and vandalism. -------------------------------------------------------- Median time was slightly under 5 months. Jury trial cases took the most time almost 12 months on average from arrest to sentencing. Cases disposed by a judge took the least time -- almost 7 months on average. Additional penalties Besides being sentenced to incarceration or probation, 32% 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 20% of convicted felons (table 12). -------------------------------------------------------- Table 12. Felons sentenced to an additional penalty by State courts, by offense, 1996 Percent of felons with an additional penalty of -- Most serious Community conviction offense Fine Restitution Treatment service Other All offenses 2 % 14 % 6 % 6 % 3 % Violent offenses 14 % 12 % 5 % 4 % 3 % Murder/a 8 9 1 1 2 Sexual assault/b 13 9 8 3 4 Robbery 8 11 3 2 2 Aggravated assault 19 14 5 6 4 Other violent/c 18 13 6 6 4 Property offenses 2 % 25 % 4 % 7 % 4 % Burglary 17 21 4 6 3 Larceny/d 20 22 5 6 5 Fraud/e 24 32 4 10 3 Drug offenses 22 % 7 % 7 % 6 % 2 % Possession 19 7 10 6 3 Trafficking 23 6 5 6 2 Weapons offenses 16 % 6 % 3 % 4 % 2 % Other offenses/f 25 % 12 % 7 % 6 % 4 % ----------------- Note: Where the data indicated affirmatively that a particular additional penalty was imposed, the case was coded accordingly. Where the data did not indicate affirmatively or negatively, the cases was treated as not having an additional penalty. These procedures provide a conservative estimate of the prevalence of additional penalties. A felon receiving more than one kind of additional penalty appears under more than one table heading. Data on additional penalties were available for 997,970 cases. a/Includes nonnegligent manslaughter. b/Includes rape. c/Includes offenses such as negligent manslaughter and kidnaping d/Includes motor vehicle theft e/Includes forgery and embezzlement f/Composed on nonviolent offense such as receiving stolen property and vandalism. -------------------------------------------------------- Conservative estimates of percentages for other penalties are 14% restitution, 6% some form of treatment, and 6% community service. Trends in the United States: 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 about a 40% likelihood 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, 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 comprised 78% of adults (age 18 or older) in the U.S. population and accounted for 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 47% 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 Of all felony offenses, burglary had one of the largest decreases in the percentage sentenced to prison between 1988 and 1996 (from 54% in 1988 to 45% in 1996). Percent of convicted felons who received 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 sentence before being released, or 2 1/2 years. ----------------------- Average imposed prison sentence length (in months) 1988 1992 1996 All offenses 46 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 ------------- Percent of imposed prison sentence actually served 1988 1992 1996 All offenses 32 % 38 % 45 % Murder 33 44 50 Robbery 39 46 47 Aggravated assault 36 48 54 Burglary 30 35 42 Larceny 29 33 44 Drug trafficking 30 34 42 ------------- 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 ------------- Methodology Sampling In 1988 a sample of 300 counties was drawn for the 1988 NJRP survey. With little exception, these same 300 counties were the source of NJRP data for 3 subsequent NJRP surveys (1990, 1992, 1994). For the 1996 NJRP survey a new sample was drawn, consisting of 344 counties. The 344 counties included 98 that had been in the NJRP sample in the 4 previous surveys (1988, 1990, 1992, 1994) and 246 that had never been in an NJRP sample. The 98 consisted of 80 counties selected by chance alone; plus 18 of the Nation's largest counties selected not by chance but (given their large 1995 population size) with certainty. The 1996 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. Each county was assigned to one stratum by meeting the conditions for that stratum. The stratum that a county was assigned depended on answers to these three questions: 1. Is the county among the Nation's 75 largest according to 1995 resident population? 2. In what type of State is the county? (A State where data collection is generally not costly? One where data collection is generally moderately costly? One where data collection is generally very costly?) 3. What is the size of the county's 1995 resident population? More details on these three criteria are described in the following two paragraphs. The largest 75 counties in the United States (as defined by 1995 resident population) were separated from the Nation's 3,195 counties or county equivalents (see appendix table 1, page 16). Each State was then assigned a "cost-factor" (1, 3, or 5) which reflected the overall ease or method of collecting their 1994 NJRP data. Counties in States that generally submitted 1994 NJRP data electronically or through a central reporter were assigned a "1." Counties in States that generally submitted 1994 NJRP data electronically but required manual processing time were assigned a "3." Counties in States that generally submitted 1994 NJRP data without a central reporter or through manual collections or that required site visits were assigned a "5." Counties in each "cost-factor" group were then separated into categories based on the size of their 1995 population. Among the Nation's largest 75 counties, those assigned a cost-factor 1 were separated into 2 strata (1995 population greater or less than 880,001), cost-factor 3 remained in one stratum, and cost-factor 5 were separated into 2 strata (1995 population greater or less than 1,000,001). Among counties that were not one of the Nation's largest 75, those assigned a cost-factor of 1 were separated into 3 strata (1995 population between 1 and 68,000; between 68,001 and 240,000; and between 240,001 and 650,000). Cost-factor 3 counties were separated into 2 strata (1995 population between 1 and 115,000; and between 115,001 and 650,000), and cost-factor 5 counties were separated into 3 strata (1995 population between 1 and 45,000; between 45,001 and 210,000; and between 210,001 and 650,000). 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. Altogether, 45 out of the 75 largest counties were sampled. Stratum 0 consisted of the 19 counties with the largest population in 1995. Every county in stratum 0 was selected for the sample. Strata 11, 12, 31, 51, and 52 consisted of the remaining 26 counties sampled from the largest 75 counties. Strata 111, 112, 113, 311, 312, 511, 512, and 513 included 299 counties sampled from among the 3,120 not among the 75 largest. The final sample thus included 344 counties (45 out of the 75 largest counties, and 299 out of the remaining 3,120 counties). 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 posses- sion, 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 (appendix table 2, page 16). Among counties in States that submitted electronic data, all cases were typically included regardless of the offense type. Among counties in States that either submitted electronic data which required manual processing time or had data from jurisdictions that were collected manually (on-site), a sample of the cases was taken. 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 1996 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, sexual assault, robbery, aggravated assault, burglary, drug trafficking, weapons, forgery/fraud/embezzlement, larceny/motor vehicle theft, drug possession, and 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. Note regarding the new sample drawn for the 1996 NJRP As previously indicated, a new sample was drawn for the 1996 NJRP survey. Conceivably, the change in the sample can affect comparisons between 1996 results and earlier results. For this reason, extensive tests were completed to assure that significant changes between prior NJRP findings and the 1996 NJRP were a reflection of actual changes in State court convictions and sentencing and not simply a result of the new sample that was drawn for the 1996 survey. 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%. Standard errors for each table in the report are on pages 12 through 15. 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 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, 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 pornography offenses, pimping, prostitution). Includes attempts. --------------------------------------------------------- Appendix table 1. NJRP first-stage sampling design, 1996 Total number Number of counties Approximate of counties Stratum in stratum Defining characteristics of each county in this stratum sampling rate sampled 1 of 75 most populous counties in 1995 0 19 Included with certainty not sampled 1 in 1 19 Not in stratum 0 In a State with central or automated data 11 10 1995 population greater than or equal to 880,000 1 in 1 8 12 15 1995 population less than 880,000 1 in 1 11 31 11 In a State without central or automated data 1 in 4 3 In a State without central or automated data requiring manual coding 51 8 1995 population greater than or equal to 1,000,000 1 in 4 2 52 12 1995 population less than 1,000,000 1 in 6 2 Not 1 of 75 most populous counties in 1995 In a State with central or automated data 111 75 1995 population between 240,001 and 650,000 1 in 1 56 112 193 1995 population between 68,001 and 240,000 1 in 3 55 113 875 1995 population between 1 and 68,000 1 in 15 57 In a State without central or automated data 311 88 1995 population between 115,001 and 650,000 1 in 3 35 312 673 1995 population between 1 and 115,000 1 in 19 36 In a State without central or automated data requiring manual coding 511 55 1995 population between 210,001 and 650,000 1 in 3 20 512 205 1995 population between 45,001 and 210,000 1 in 10 20 513 901 1995 population between 1 and 45,000 1 in 45 20 --------------------------------------------------------- Appendix table 2. NJRP second-stage sampling design, 1996 Among counties that do not submit automated data, one in every -- Sexual Aggravated Drug Weapons Drug Other Stratum Murder assault Robbery assault Burglary trafficking offenses Fraud Larceny possession offenses 0 6 2 7 6 7 15 4 5 10 12 10 11 5 2 6 5 6 12 3 4 8 9 8 12 4 1 5 4 5 11 3 3 7 9 7 31 1 1 2 1 2 4 1 1 2 3 2 51 1 1 2 1 2 3 1 1 2 3 2 52 1 1 1 1 1 2 1 1 1 2 1 111 11 5 13 14 20 34 7 15 25 25 32 112 4 2 5 5 7 13 2 6 9 9 12 113 1 1 1 1 1 3 1 1 2 2 2 311 6 3 7 7 11 18 3 8 13 13 17 312 1 1 1 1 1 2 1 1 1 1 2 511 5 2 6 6 10 16 3 7 12 12 15 512 1 1 1 1 2 4 1 2 3 3 4 513 1 1 1 1 1 1 1 1 1 1 1 *This table pertains to the counties that were unable to provide data electronically. Counties that submitted electronic data had a different second-stage sampling design. Offenses in those counties were not sampled. In other words, every case was taken in the counties with automated data. --------------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by Jodi Brown, Patrick Langan, and David Levin of the Bureau of Justice Statistics. Rhonda C. Keith produced the report. Tom Hester edited it. Marilyn Marbrook administered final report production, assisted by Yvonne Boston. Sample design and selection was performed by Terri L. Carter under the supervision of Carma R. Hogue of the Economic Statistical Methods and Programming Division of the U.S. Bureau of the Census. Data collection and processing was performed by Latrice Brogsdale-Davis, Victoria Campbell, Martha Greene, Martha Haselbush, Henrietta Herrin, and Patricia Torreyson under the supervision of Stephanie Brown of the Governments Division of the U.S. Bureau of the Census. May 1999, NCJ 173939 ------------------------------------------------- Data presented in this report may be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The report and data are also available on the internet: http://www.ojp.usdoj.gov/bjs/ End of file 5/18/99 rk,pm,ih Revised th 7/30/99