U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Report State Court Sentencing of Convicted Felons, 1992 May 1996, NCJ-152696 The full text of this report is available through: *the BJS Clearinghouse, 1-800-732-3277 *on the Internet at http://www.ojp.usdoj.gov/bjs/ *on the BJS gopher: gopher://www.ojp.usdoj.gov:70/11/bjs/ *on the National Criminal Justice Reference Service Electronic Bulletin Board (set at 8-N-1, call 301-738-8895, select BJS). By Patrick A. Langan, Ph.D. Robyn L. Cohen BJS Statisticians U.S. Department of Justice Bureau of Justice Statistics Jan M. Chaiken, Ph.D. Director This report was prepared by Patrick A. Langan and Robyn L. Cohen, with assistance from Jodi M. Brown, of the Bureau of Justice Statistics. Ida Hines and Dorothea Proctor assisted with verification. Tom Hester and Priscilla Middleton edited the report. Priscilla Middleton, Ida Hines, and Jayne E. Robinson produced the report. Marilyn Marbrook, assisted by Yvonne Boston, supervised publication of this report. 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. That staff included Latrice Brogsdale-Davis, Charlene Sebold, Martha Greene, Henrietta Herrin, and Victoria Campbell, under the supervision of Stephanie Brown, of the Governments Division; Denise Turner of the Field Division; and Carma Hogue of the Economic Statistical Methods and Procedures 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, 1992 ICPSR #6509. The data and the report, as well as others from the Bureau of Justice Statistics, are available through the Internet -- http://www.ojp.usdoj.gov/bjs/ --------------------------------------------------------------------------------- The National Judicial Reporting Program --------------------------------------------------------------------------------- The National Judicial Reporting Program (NJRP), a biennial sample survey, compiles information on the sentences that felons receive in State courts nationwide and on the characteristics of the felons. Surveys of felony sentencing in State courts were previously conducted in 1986 (see Felony Sentences in State Courts, 1986, BJS Bulletin, NCJ-115210, February 1989), 1988 (see Felony Sentences in State Courts, 1988, BJS Bulletin, NCJ-126923, December 1990), 1990 (see Felony Sentences in State Courts, 1990, BJS Bulletin, NCJ-140186, March 1993), and in 1992 (see Felony Sentences in State Courts, 1992, BJS Bulletin, NCJ-151167, January 1995). The 1992 survey was based on a sample of 300 counties selected to be nationally representative. The sample consisted of the same jurisdictions as in the 1990 survey and included the District of Columbia and at least one county from every State except, by chance, Vermont. Among sampled counties, two sentenced no felons during 1992. The 1992 survey excluded Federal courts and those State or local courts that did not adjudicate felony cases. Federal courts convicted 41,673 persons of a felony offense in 1992. That number represents about 5% 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. 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 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 1992 survey. Each of the sections addresses a different aspect of felony convictions in State courts during 1992. ----------------------------------------------------------------------------------------------------------- Felony sentences in State courts ----------------------------------------------------------------------------------------------------------- In 1992 State courts convicted 894,000 persons of murder, rape, robbery, drug trafficking, and other felony offenses. Courts sentenced 44% of them to prison, 26% to jail (usually for a year or less), and the remaining 30% to probation (table 1.2). Other results include the following: * 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%) together made up 18%. Burglars (13%) and larcenists (13%) made up most of the rest (table 1.1). * The average sentence to local jail was 7 months. The average probation sentence was nearly 4 years (table 1.3). * Felons sentenced to State prison in 1992 had an average sentence of 6 1/2 years but were expected to serve a third of that sentence -- or about 2 1/2 years -- before release (table 1.5). State courts nationwide sentenced to life 25% of those convicted of murder or nonnegligent manslaughter (table 1.4). * The 894,000 felons sentenced in 1992 were convicted altogether of about 1.1 million felonies. The number of felony convictions exceeds the number of convicted felons because 16% of the felons were convicted of two felony charges and 5% were convicted of three or more (table 1.6). * 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 (table 1.7). The mean sentence to incarceration also increased from 3 years and 9 months for those convicted of one felony to 6 years for those convicted of two or more (table 1.8). * A fine was imposed on 18% of convicted felons, restitution on 16%, community service on 6%, and treatment was ordered for 7% (table 1.9). ----------------------------------------------------------------- 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%. 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 1/2 yars 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 1/2 years in 1988 to 6 years in 1992. ----------------------------------------------------------------------- Profile of felons convicted in State courts, 1992 ----------------------------------------------------------------------- The 1992 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 were 52% of those convicted of a felony in State courts; black felons were 47%; and persons of other races (American Indians, Alaska Natives, Asians, and Pacific Islanders), 1% (table 2.1). Among persons convicted of a felony, white felons were less likely than blacks to be sent to prison: 42% of convicted white defendants received a prison sentence, 56% of black defendants, and 52% of defendants of other races (table 2.5). Among persons sentenced to prison, blacks received a State prison sentence 7 months longer than that of whites: 81 months for blacks and 74 months for whites (table 2.7). However, when the national data are disaggregated and tabulated separately by region, the 7-month racial disparity in sentence lengths disappears. In two regions -- the Northeast and the West -- whites and blacks received identical overall sentences: 63 months in the Northeast and 44 months in the West. In the other two there were differences, but they were small (less than 7 months), not statistically significant, and mixed in direction. Average sentences in the South were 94 months for whites and 95 months for blacks. Averages in the Midwest were 72 months for whites and 69 months for blacks. Why the disparity disappeared once the data were disaggregated probably has to do with two facts: (1) on average the South metes out longer sentences than the rest of the Nation (table 5.3), and (2) half of all convicted blacks but a third of convicted whites were sentenced in the South (mirroring the fact that about half the black population and a third of the white population resides in the South - table 2.14). The racial comparison based on aggregated statistics masks these important differences relevant to sentencing. But the racial comparison based on disaggregated statistics takes the differences into account. Other findings were -- * In 1992 men comprised 87% of persons convicted of a felony (table 2.1). An estimated 48% of males received a State prison sentence, compared to 30% of females (table 2.4). As a result of this sentencing difference, males comprised a larger percentage of the total sentenced to prison (91%) than the total convicted (87%). * Among all felons convicted nationwide, about 465,000 (52%) were white, 420,000 (47%) were black, and an estimated 9,000 (1%) were of other races (American Indian, Alaska Native, Asian, or Pacific Islander) (table 2.1). * The most serious conviction offense was a violent felony in 13% of cases for women, and 23% of cases for men. Among convicted whites 19% had a violent felony conviction offense; among blacks 23% (table 2.8). * The average age of felons convicted in 1992 was 30 years (table 2.3). * Men sentenced to prison nationwide had an average sentence length of 6 years and 8 months, while women nationwide had an average prison sentence of 5 years (table 2.6). * Men nationwide were sentenced to local jail for an average of 7 months, and women for 6 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, 1992 -------------------------------------------------------------- The detailed statistics on sentences to probation presented in the tables of this section differ from probation statistics elsewhere in the report. As used elsewhere, a sentence to probation only includes "straight probation." Excluded are 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 56% of all sentences imposed on felons in 1992 (table 3.2). Other probation findings from the 1992 survey included the following: * State courts sentenced to probation an estimated 494,000 convicted felons (table 3.1). * Nationwide, probation sentences had an average length of about 3- years (table 3.3). * The average jail sentence of probationers was 6 months; the average prison sentence, 4 years and 3 months (table 3.4). * The average age of probationers nationwide was 29 years (table 3.10). Females made up 17% of all felons placed on probation (table 3.6). Whites were 57% of probationers, and blacks were 41% (table 3.8). ----------------------------------------------------------------- Felony case processing in State courts, 1992 ----------------------------------------------------------------- * Nationwide in 1992, 92% of convictions were the product of a guilty plea (table 4). 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 821,000 persons pleaded guilty to a felony offense. Persons convicted of murder were the least likely to have pleaded guilty and the most likely to have been convicted by a jury (table 4.1). Murderers convicted by a jury were the most likely of all convicted defendants to have received a life sentence (47%) or the death penalty (4%) (table 4.6). * Of felons convicted in State courts, 4% were found guilty by a jury, and 4% were found guilty by a judge in a bench trial (table 4.2). The most serious offenses -- the violent crimes of murder, rape, robbery, aggravated assault, and other violent offenses -- comprised about 19% of all felony convictions but an estimated 46% of all jury trials (table 4.3). * Convictions for murder or nonnegligent manslaughter, had the lowest percentage of guilty pleas (59%) (table 4.2). * Sentences to prison or jail occurred in 86% of jury convictions, 65% of bench trial convictions (decided by a judge alone), and 70% of guilty pleas (table 4.4). * An estimated 75% of felons convicted by a jury received a prison sentence, compared to 48% of those convicted by a judge and 44% of those who pleaded guilty (table 4.4). * Prison sentences were much longer for felons convicted by a jury trial (190 months) than for felons who pleaded guilty (72 months) or were convicted by a judge (88 months) (table 4.5). * Felons sentenced to jail in a jury trial received a mean or average sentence of 11 months. The mean jail sentence in a bench trial was 7 months; in a guilty plea, 7 months (table 4.5). * An estimated 51% of felons convicted of murder or nonnegligent manslaughter by a jury were sentenced to life in prison or to death. Such sentences for murder or nonnegligent manslaughter occurred in about 14% of the bench trials and 15% of the guilty pleas (table 4.6). * In 43% of jury trial convictions nationwide, felons were found guilty of multiple offenses. Twenty-three percent of the guilty pleas and 17% 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 almost as much time (about 169 days) as bench trial cases (192 days). The longest average time was for murder or nonnegligent manslaughter, about 10 1/2 months, and the shortest, almost 5 months, for burglary and larceny (table 4.9). * Mean elapsed time from conviction to sentencing for persons convicted of a felony was about 1 month, regardless of the method of conviction (table 4.10). * Mean elapsed time from arrest to sentencing in 1992 was nearly 7 months, unchanged from 1988; the median was nearly 5 months, also unchanged (table 4.11). * Cases decided by juries had a mean elapsed time from arrest to sentencing of about 10 months; those disposed by guilty plea or a bench trial, a mean of 6 3/4 months (table 4.11). ----------------------------------------------------------------- Regional variation in adjudication and sentencing, 1992 ----------------------------------------------------------------- ----------------------------------------------------------- Likelihood of conviction if arrested ------------------------------------------------------------ ---------------------- Data sources ----------------------- A comparison of convictions and arrests was made using data from the National Judicial Reporting Program and the FBI's Uniform Crime Reports (UCR). The number of felony convictions in 1992 was compared to the number of adult arrests for offenses likely to be felonies: murder (including nonnegligent manslaughter), robbery, aggravated assault, burglary, and drug trafficking. The numbers are aggregates and should not be interpreted as representing the disposition of individual cases tracked across processing stages of the criminal justice system. Nevertheless, the comparisons illustrate the approximate odds of conviction given an arrest for a felony. ----------------------------------------------------------------- Higher likelihood of conviction in the South ----------------------------------------------------------------- Nationally, an estimated 35% of adult arrests for a felony resulted in a felony conviction in 1992. For violent felonies it was 21%; for other offenses, 48% (table 5.1). The lower likelihood for violent felonies is largely attributable to aggravated assault arrests, which are unlikely to result in a felony conviction. The likelihood of felony conviction given arrest was greater in the South (41%) than elsewhere (31%) (table 5.1). The greater likelihood in the South was true not only for all offenses combined but also for individual offenses. ----------------------------------------------------------------- Likelihood of State prison sentence if convicted ----------------------------------------------------------------- --------------------------------- Data source ---------------------------------- Data on 1992 felony convictions and sentences are from the National Judicial Reporting Program. ----------------------------------------------------------------- Higher likelihood of prison sentence in the South ----------------------------------------------------------------- From among prison, jail, and probation, the most severe sentence is prison. Compared to convicted felons outside the South, those convicted in the South stood a greater chance of receiving a prison sentence. State courts in the South sentenced to prison 57% of the felons they convicted in 1992. That compares to 41% in State courts elsewhere (table 5.2). In general, the pattern of more severe sentencing in the South held true for all types of offenses, although to a lesser extent for violent offenses. For a particularly serious crime, such as murder, the convicted felon is almost certain to be sent to prison, regardless of where the sentencing occurs. For less serious felonies such as property offenses, there exists greater regional variation in sentencing practices. ----------------------------------------------------------------- Length of State prison sentence ----------------------------------------------------------------- -------------------------------------- Data source --------------------------------------- Data on felony sentence lengths are from the 1992 National Judicial Reporting Program. ----------------------------------------------------------------- Prison sentences longer in the South ----------------------------------------------------------------- Felony prison sentences were longer in the South than elsewhere. The average State prison sentence in the South in 1992 was 94 months (about 8 years), compared to 57 months (about 5 years) outside the South (table 5.3). The pattern of longer prison sentences in the South generally holds true regardless of the offense. ----------------------------------------------------------------- Trends in drug trafficking, 1986-94 ---------------------------------------------------------------- -------------------------------------------------------- Trends in drug trafficking arrests --------------------------------------------------------- From 1986 to 1989 adult arrests for drug trafficking rose. Since then, the number has generally fallen. In the peak year, 1989, an estimated 406,000 adults were arrested nationwide for drug trafficking (table 6.1). In the latest year of available data, 1994, 319,000 were arrested, or 22% fewer than in 1989. In short, drug trafficking arrests rose through the late 1980's and have generally fallen since. ----------------------------------------------------------------- Trends in drug trafficking convictions ----------------------------------------------------------------- Biennial data exist since 1986 on convictions for drug trafficking. They show a large increase in drug trafficking convictions from 1986 to 1988, followed by a large increase from 1988 to 1990, followed then by a modest increase from 1990 to the latest year of available data, 1992 (table 6.2). In short, drug trafficking convictions rose substantially through the late 1980's but have risen only slightly in the 1990's. ------------------------------------------------- Trends in drug traffickers as percentages of all convictions --------------------------------------------------- In 1986, 13% of all State court felony convictions were for drug trafficking. The number rose to 17% in 1988 and to 20% in 1990. In 1992 it stayed at about that same level, 19%. --------------------------------------------------------------------------------- Trends in likelihood of conviction given arrest for drug trafficking --------------------------------------------------------------------------------- The likelihood of conviction given arrest can be approximated by relating the number of convictions to the number of arrests. Accordingly, in 1986, for every 100 arrests for drug trafficking there were 41 convictions. In 1988 it was about the same: 39 convictions for every 100 arrests. But in 1990 it rose substantially, to 53 convictions per 100 arrests. In 1992 it stayed at about that same level, 55 convictions per 100 arrests. In short, the likelihood of conviction given arrest for drug trafficking rose considerably from 1986 to 1990 but has risen only slightly since then. -------------------------------------------------------------------------------------- Trends in likelihood of prison sentence given conviction for drug trafficking --------------------------------------------------------------------------------------- In 1986, 37% of convicted drug traffickers received a prison sentence. In 1988 about the same percentage were sent to prison, 41%. But in 1990 that rate rose considerably, to 52%, and it remained at about that level in 1992, 55%. In short, from 1986 to 1990 a growing percentage of convicted drug traffickers received a prison sentence. Since then, the percentage has risen only slightly. ------------------------------------------------------------------------------------- Trends in drug traffickers as percentages of prison entries -------------------------------------------------------------------------------------- In 1986 drug traffickers accounted for 11% of all entries to State prisons. In 1988 that number grew to 16% and in 1990 to 22%. In 1992, 21% of entering inmates were traffickers. ---------------------------------------------------------------------------------------- Overview of recent national trends in the justice system response to drug trafficking -------------------------------------------------------------------------------------- The period from the mid-1980's to the late 1980's was characterized by markedly rising risk of apprehension, prosecution, and imprisonment and was followed by a leveling-off period. However risk is measured -- whether by the number of arrests, the number of convictions, the number of convictions relative to arrests, or the percentage of convictions receiving prison -- risk rose through the late 1980's and, except for arrests, has stayed at about that level since. In 1986 drug traffickers were 1 in every 8 persons entering prison, and in 1992, 1 in every 5. This change, over a short period of years, resulted not just from police making more arrests, but also from prosecutors pursuing charges and obtaining convictions against a larger fraction of those arrested and from judges sentencing to prison a larger fraction of those convicted. ------------------------------------------------------------------------------------------- Drug traffickers and violent offenders: 1992 felony sentences compared ------------------------------------------------------------------------------------------- State courts nationwide sentenced convicted violent offenders more severely than convicted drug traffickers: * 48% of drug traffickers and 60% of violent offenders received a prison sentence (table 1.2). * Average prison sentences were 6 years for drug traffickers and 10 years for violent offenders (table 1.3). However, not all State courts sentenced violent felony offenders more severely than drug traffickers, according to survey results from the 1992 National Judicial Reporting Program. Of the 300 counties that participated in the survey, courts in 274 convicted at least 1 drug trafficker and 1 violent offender in 1992. Seventy-four of the 274 -- or 27% of the courts -- sentenced a greater fraction of drug traffickers than violent offenders to prison: * In the 74 courts where prison sentences were imposed more often for drug traffickers than violent offenders, prison sentences were imposed on 76% of convicted drug traffickers and 55% of convicted violent offenders. These results suggest that about a quarter of the Nation's State courts imprison a higher percentage of drug traffickers than violent offenders. In some courts, longer prison sentences were imposed on drug traffickers than on violent offenders. Of the 246 courts that sentenced to prison at least one drug trafficker and one violent offender in 1992, 30 -- or 12% -- on average sentenced drug traffickers to longer terms of imprisonment than violent offenders: * In the 30 State courts where sentences were longer for drug traffickers than violent offenders, the average prison sentence imposed was nearly 12 years for drug traffickers and 9 years for violent offenders. ------------------------ 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 that county 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 the1985 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 (ICPSR-8667). The 54 sampled counties in the 1992 NJRP survey were the same 54 as in the 1986, 1988, and 1990 NJRP 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. The final sample included 246 counties from among the 3,034 counties outside the 75 largest. Case-level data were successfully obtained on convicted felons sentenced in 1992 from these 300 sampled 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. ------------------------------------- Sampling error ------------------------------------- NJRP data were obtained from a sample and not from a complete enumeration. Consequently, estimates 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%. ----------------------------- 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. ----------------------------------- Sources of data ----------------------------------- For about 80% of the 300 counties sampled, NJRP data were obtained directly from the State courts. Other sources included prosecutor offices, and courts and prosecutor offices combined. Individual-level NJRP records were obtained through a variety of collection methods, including magnetic tape (61% of the counties), field collection (12%), printouts and other documents, and manually completed forms. 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 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 in which it was impractical to target sentences in 1992, the target was felons convicted in 1992. In some of the cases, the data relate 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 of 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"), but 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 a 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: The unlawful taking of a self-propelled road vehicle owned by another. Includes the theft of automobiles, trucks, and motorcycles, but excludes the theft of boats, aircraft, or farm equipment (which is 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 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 possession: Includes possession of an illegal drug, but excludes "possession with intent to sell." Includes attempts. Drug trafficking: includes manufacturing, distributing, selling, smuggling, or "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, and nonpayment of child support), and nonviolent sexual offenses (such as statutory rape, incest, pornography offenses, pimping, and prostitution). Includes attempts. --------------------------- Regions ----------------------------- This report refers to regions that consist of the following States: Northeast Midwest Connecticut Illinois Maine Indiana Massachusetts Iowa New Hampshire Kansas New Jersey Michigan New York Minnesota Pennsylvania Missouri Rhode Island Nebraska Vermont North Dakota Ohio South South Dakota Alabama Wisconsin Arkansas Delaware West Dist. of Col. Alaska Florida Arizona Georgia California Kentucky Colorado Louisiana Hawaii Maryland Idaho Mississippi Montana North Carolina Nevada Oklahoma New Mexico South Carolina Oregon Tennessee Utah Texas Washington Virginia Wyoming West Virginia ----------------------------------------------------------------- NJRP data consistent with other national data --------------------------------------------------------------------- The National Judicial Reporting Program compiles information on the sentences that courts impose on felons. Some of the sentences are to prison, while others are to jail or probation. The NJRP is largely based on court and prosecutor records. A separate statistical series based on prison records, the National Corrections Reporting Program (NCRP), compiles information on persons entering prison. Informative comparisons can be made between felons sentenced in 1992 to prison according to the NJRP and persons entering prison in 1992 according to the NCRP. Though the two series are based on different sources, the two should give a matching profile of persons sent to prison. To the extent that findings from one series resemble those from the other, confidence is enhanced in each. For various reasons a perfect match should not be expected. The two series are not identical in their geographical coverage. The NJRP is national, while the NCRP in 1992 gathered data from 38 State departments of corrections. The NJRP is subject to sampling variability, but the NCRP is not. The 1992 NJRP is based on samples of sentenced felons drawn from court and prosecutor records in 300 counties selected to be nationally representative. Consequently, there is a margin of error in the NJRP offender profiles that normally arises whenever a sample is drawn. The NCRP, however, uses no sample but is based on individual prison records. Comparisons of NJRP and NCRP 1992 demographic profiles of persons receiving a State prison sentence produce nearly identical results -- Percent of prison sentences ------------------------- NJRP NCRP* Sex Male 91.2% 91.3% Female 8.8 8.7 Race White 44.9% 44.7% Black 54.5 54.3 Other .6 1.0 END OF FILE