U.S. Department of Justice Bureau of Justice Statistics Jan M. Chaiken, Ph.D., Director State Court Sentencing of Convicted Felons, 1994 This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#scscf By Jodie M. Brown and Patrick A. Langan, Ph.D. February 1998, NCJ--164615 This report was prepared by Jodie M. Brown and Patrick A. Langan of the Bureau of Justice Statistics. Donna Oliphant assisted with verification. Tom Hester edited the report. Jayne E. Robinson produced the report. Marilyn Marbrook, assisted by Yvonne Boston, supervised publication. Data collection and processing were done by the staff of the U.S. Bureau of the Census. That staff included Jennifer Jones of the Field Division and Latrice Brogsdale-Davis, Hugh Cameron, Victoria Campbell, Martha Greene, Martha Haselbush, and Henrietta Herrin under the supervision of Stephanie Brown of the Governments Division. Data utilized in this report are available from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The data sets are archived as the National Judicial Reporting Program, 1994 ICPSR #6855. 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/ All tables are in wk.1 format. ----------- Highlights ------------ Trends in felony sentencing in the United States ------------------------------------ The volume of felony convictions in State courts fluctuated during the period 1988-94. The decline from 1992 to 1994 (894,000 to 872,000)reversed the upward trend after 1988. Though 1994 had considerably more convictions than 1988, there were indications that courts were able to handle the increased workload. In 1988 the typical convicted felon was sentenced 7 months after arrest; in 1994, just under 6 1/2 months. Despite the increased volume of work, courts actually processed cases a little faster in 1994 than in 1988. The proportions of felons sentenced to incarceration or probation in 1994 were generally unchanged from 1988. Prison sentences accounted for 44% of felony sentences in 1988 and 45% in 1994. Persons age 30 or older comprised 40% of persons convicted in 1988 but 47% in 1994. The median age of convicted felons was 27 years in 1988 but 29 years in 1994. A notable exception to the trend was the younger age of convicted murderers. Teenagers accounted for 10% of convicted murderers in 1988 but 18% in 1994. Juveniles transferred to adult court ------------------------------------ In 1994 a total of 872,000 adults was convicted of a felony in State courts. Of them, an estimated 12,000 were juveniles who had been transferred to adult courts. These transfers occurred in one of two ways: either the case was excluded by statute from the jurisdiction of the juvenile court (because of the serious charge against the defendant or because of the defendant's lengthy prior record), or the juvenile was transferred at the discretion of the juvenile court or the prosecutor. *Transferred juveniles differed from other convicted felons in terms of conviction offenses. Over half (53%) of transferred juveniles had a violent offense as their conviction offense That compares to 19% among all persons convicted of a felony in State courts in 1994. *Compared to convicted adults in their first year of adulthood, transferred juveniles were generally more likely to receive a prison sentence. For rape, for example, the percentage receiving a prison sentence was 84% of transferred juveniles and 71% of young adults; for assault, 81% of transferred juveniles and 60% of young adults. *Compared to convicted adults in their first year of adulthood, transferred juveniles received longer prison sentences. For example, the average prison sentence for assault was 6.5 years among transferred juveniles and about 5.5 years among adults in their first year of adulthood). --------------------------------- Felony sentences in State courts -------------------------------- *In 1994 State courts convicted over 870,000 adults of murder, rape, robbery, drug trafficking, and other felony offenses. Forty-five percent of convicted felons were sentenced to a State prison, and 26% were sentenced to a local jail (usually for a year or less). The remaining 29% were sentenced to straight probation with no jail or prison time to serve. . *Drug traffickers (19%) and drug possessors (12.5%) together made up 31.4% of felons convicted in State courts in 1994. Violent offenders, consisting of murderers (1.4%), rapists (2.3%), robbers (5.3%), assaulters (7.5%), and others convicted of a violent crime (2.4%) together made up 18.9%. Burglars (11.2%) and larcenists (13%) made up most of the rest. *State courts sentenced to State prison 62% of felons convicted of a violent offense, 42% convicted of a property offense, 42% convicted of a drug offense, and 42% of those felons convicted of a weapons offense in 1994. ------------------------------------ Regional variation in adjudication and sentencing ----------------------------------- *State courts in the South sentenced to prison 49% of the felons they convicted in 1994. That compares to 43% in State courts elsewhere. *Felony prison sentences were longer in the South than elsewhere. Overall, the average prison sentence in the South in 1994 was 84 months (7 years), compared to 59 months (almost 5 years) outside the South. The average State prison sentence was longer in the South for every offense except murder. Felons sentenced to probation ------------------------------- *State courts sentenced to probation an estimated 430,000 convicted felons. *Nationwide, probation sentences had an average length of about 3 1/3 years. Profile of felons convicted ----------------------------- *The average age of felons convicted in 1994 was 30 years. *In 1994 men comprised 85% of persons convicted of a felony. An estimated 50% of males received a State prison sentence, compared to 33% of females. Felony case processing ----------------------- *An estimated 58% of felons convicted by a jury received a prison sentence, compared to 58% of those convicted by a judge and 44% of those who pleaded guilty. *Prison sentences were much longer for felons convicted by a jury trial (12 years) than for felons who pleaded guilty (5 years) or were convicted at trial by a judge (7 years). In 39% of jury trial convictions nationwide, felons were found guilty of multiple offenses. Eighteen percent of the guilty pleas and 21% of the bench trial convictions involved multiple offenses. *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 about 5 1/2 months and bench trials took almost 8 months. The longest average time was for murder or nonnegligent manslaughter, about 11 months; and the shortest, 5 months for drug possession. *Cases decided by juries had a mean elapsed time from arrest to sentencing of about 10 months; those disposed by bench trial had a mean of 8 1/2 months; those disposed by guilty plea had a mean of 6 months. Contents Highlights National Judicial Reporting Program I. Felony sentences in State courts, 1994 II. Profile of felons convicted in State courts, 1994 III. Felons sentenced to probation in State courts, 1994 IV. Felony case processing in State courts, 1994 V. Regional variation in adjudication and sentencing, 1994 VI. Juveniles transferred to adult court, 1994 Methodology Figures Average sentence to State prison and estimated time to be served for a felony, 1994 Offense distribution of persons convicted of a felony in State courts, by race, 1994 Average sentence to State prison for a felony imposed by State courts, by offense and race, 1994 Average probation sentence for felons convicted in State courts, 1994 Offense distribution of felons sentenced to probation, by sex, 1994 Tables Section I Felony sentencing in State courts, 1994 1.1 Estimated number of felony convictions in State courts, 1994 1.2 Offense, by type of felony sentences imposed by State courts, 1994 1.3 Mean and median sentence length imposed for felonies by State courts, by offense, 1994 1.4 Estimated percent of felons sentenced to life in prison, by offense, 1994 1.5 Estimated time to be served in State prison, by offense, 1994 1.6 Offense, by number of felony convictions for each convicted person in State courts, 1994 1.7 Convicted felons sentenced to prison by State courts, by number of conviction offenses and most serious offense, 1994 1.8 Mean sentence lengths for felony sentences imposed by State courts, by the number and category of the conviction offenses, 1994 1.9 Penalties added to felony sentences by State courts, by offense, 1994 Section II Profile of felons convicted in State courts, 1994 Table Page 2.1 Offense, by sex, race, and age of felons convicted in State courts, 1994 2.2 Sex, race, and age of felons convicted in State courts, by offense, 1994 2.3 Average age of convicted felons in State courts, by offense, 1994 2.4 Sex of felons and offense, by types of State court sentences imposed, 1994 2.5 Race of felons and offense, by types of State court sentences imposed, 1994 2.6 Mean length for felony State court sentences imposed, by sex of felons and offense, 1994 2.7 Mean length for felony State court sentences imposed, by race of felons and offense, 1994 2.8 Sex and race of felons sentenced to incarceration or prison by State courts, by offense, 1994 2.9 Sex and race of felons sentenced to jail or probation by State courts, by offense, 1994 2.10 Percent of convicted felons sentenced by State courts to incarceration or prison, by sex, race, and offense, 1994 2.11 Percent of convicted felons sentenced by State courts to jail or probation, by sex, race, and offense, 1994 2.12 Mean length of State felony incarceration and prison sentences, by sex and race of felons, 1994 2.13 Mean length of State felony sentences to jail and probation, by sex and race of felons, 1994 Section III Felons sentenced to probation in State courts, 1994 3.1 Estimated number of felony convictions in State courts, by whether sentenced to probation and by offense, 1994 3.2 Felony convictions in State courts, by type of sentence to probation or incarceration and offense, 1994 3.3 Average probation sentence of felons convicted in State courts, by offense, 1994 3.4 Average State court sentence to incarceration for felons receiving sentences with or without probation, by offense, 1994 3.5 Number of conviction offenses for felons sentenced to probation in State courts, by offense, 1994 3.6 Sex of felons sentenced to probation or to incarceration without probation in State courts, by offense, 1994 3.7 Offense of felons sentenced to probation or to incarceration without probation in State courts, by sex of felons, 1994 3.8 Offense of felons sentenced to probation or to incarceration without probation in State courts, by race of felons, 1994 3.9 Race of felons sentenced to probation or to incarceration without probation in State courts, by offense, 1994 3.10 Average age of felons sentenced to probation or to incarceration without probation in State courts, by offense, 1994 3.11 Felons sentenced to probation, in State courts, by offense and age at sentencing, 1994 Section IV Felony case processing in State courts, 1994 4.1 Number of felony convictions in State courts, by offense and the nature of conviction, 1994 4.2 Offense of felons convicted in State courts, by the nature of conviction, 1994 4.3 Nature of conviction of felons convicted in State courts, by offense, 1994 4.4 Offense of felons convicted in State courts, by the nature of conviction and types of sentences imposed, 1994 4.5 Average felony sentence length in State courts, by the nature of conviction, types of sentences imposed, and offense, 1994 4.6 Nature of conviction in State courts, by the type of sentences imposed on felons convicted of murder or nonnegligent manslaughter, 1994 4.7 Nature of conviction in State courts, by the number of felony conviction offenses, 1994 4.8 Number of conviction offenses of felons convicted in State courts, by the nature of conviction and types of sentences imposed, 1994 4.9 Average number of days between arrest and conviction for felony cases in State courts, by the nature of conviction, 1994 4.10 Average number of days between conviction and sentencing for felony cases in State courts, by the nature of conviction, 1994 4.11 Average number of days between arrest and sentencing for felony cases in State courts, by the nature of conviction, 1994 Section V Regional variation in adjudication and sentencing, 1994 5.1 Number of felony convictions in State courts per 100 adult arrests, for offenses widely defined as felonies, by region, 1994 5.2 Convicted felons sentenced to prison, by region, 1994 5.3 Mean prison sentence lengths imposed by State courts, by region, 1994 Section VI Juveniles transferred to adult court, 1994 6.1 Convicted felons younger than 18 compared to felons age 18 or older: most serious offense of felons convicted in State courts, 1994 6.2 Convicted felons younger than 18 compared to felons age 18 or older: most serious offense, by the type of felony sentences imposed in State courts, 1994 6.3 Convicted felons younger than 18 compared to felons age 18 or older: mean length of felony sentences imposed in State courts, by the type of sentence and most serious offense, 1994 6.4 Transferred juveniles compared to felons under 18 and adults by State definition: most serious offense of felons convicted in State courts, 1994 6.5 Transferred juveniles compared to felons under 18 and adults by State definition: most serious offense, by the types of felony sentences imposed in State courts, 1994 6.6 Transferred juveniles compared to felons under 18 and adults by State definition: mean length of felony sentences imposed in State courts, by the type of sentence and most serious offense, 1994 6.7 Transferred juveniles compared to felons in their first year of adulthood: percent sentenced to prison and mean prison sentence imposed in State courts, by most serious offense, 1994 Methodology ------------------------------------- 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 characteristics of the felons. Surveys of felony sentencing in State courts were previously conducted in 1986 (see Felony Sentences in State Courts, 1986, BJS, NCJ--115210, February 1989), 1988 (see Felony Sentences in State Courts, 1988, BJS, NCJ--126923, December 1990), 1990 (see Felony Sentences in State Courts, 1990, BJS, NCJ--149077, September 1994), and in 1992 (see Felony Sentences in State Courts, 1992, BJS, NCJ--151167, January 1995). The 1994 survey was based on a sample of 300 counties selected to be nationally representative. The sample consisted of virtually the same jurisdictions as in the 1988 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 1994. The 1994 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 1994. That number represents about 5% of the combined State and Federal total number of felony convictions during 1994. The 1994 survey included only offenses that State penal codes defined as felonies. Felony offenses are widely defined as crimes that have the potential of being punished by more than 1 year in prison. States usually designate specific courts to try felony offenses, although in some counties more than one court may handle such cases. The term felony is not uniform in either its usage or definition in the United States. Two jurisdictions (Maine and New Jersey) do not use the term to classify their criminal offenses, and six others offer no explicit definition of the term, even though they use it as a criminal designation. In the 43 States that use and define the term felony, common elements do exist. With few exceptions, criminal codes define felonies by reference to place of imprisonment. Most often, felony definitions identify the place of imprisonment but not the duration, as in Idaho, where a felony is a "crime punishable by death or by imprisonment in the State prison." Nearly as frequent is a definition that specifies the duration of imprisonment but not the place, as in Georgia, where a felony is a "crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months." This publication summarizes results from the 1994 survey. Each of the sections addresses a different aspect of felony convictions in State courts during 1994. ---------------------------- Trends in the United States: 1988 to 1994 ----------------------------- Number of convictions Felony convictions in State courts have fluctuated over the years. The decline from 1992 to 1994 reverses the upward trend after 1988. ****TRENDS figure 1***** Number of felony convictions 1988 667,366 1990 829,344 1992 893,630 1994 872,217 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 1994, for example, robbery convictions totaled 46,028, and robbery arrests totaled 117,157, indicating a likelihood of conviction of about 39% for robbery. Approximate likelihood of felony arrest leading to felony conviction ------------------------------------------ 1988 1990 1992 1994 ----------------------- Murder 48 55 65 65 Robbery 32 37 41 39 Aggravated assault 10 13 14 14 Burglary 33 38 41 39 Drug trafficking 39 53 55 52 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. Conviction rates for these crimes have generally shown similar trends over time. Conviction rates rose from 1988 to 1992 and then fell slightly from 1992 to 1994. Case processing time --------------------- Though 1994 had considerably more convictions than 1988, there were indications that courts were able to keep up with the increased workload. One measure of how well courts keep pace is the amount of time taken to dispose of a case. In 1988 the typical convicted felon was sentenced 7 months after being arrested. In 1994 it took just under 6 1/2 months, indicating that, despite the increased volume of work, courts actually processed cases a little faster in 1994 than they did in 1988. Guilty pleas ------------- 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 1994 were 89% guilty pleas and 11% trials. Guilty pleas are a declining rather than a rising percentage of the total. Age of convicted felons ------------------------ The average age of the American population is rising, a trend reflected in the changing ages of convicted felons. Persons age 30 or older comprised 40% of persons convicted in 1988 but 47% in 1994. The median age of convicted felons was 27 years in 1988 but 29 years in 1994. A notable exception to the trend is the younger age of convicted murderers. Teenagers accounted for 10% of convicted murderers in 1988 but 18% in 1994. Race of convicted felons ------------------------- In 1988 blacks were 41% of persons convicted of a felony. In 1994 they were 48%. Part of the increase is attributable to large numbers of persons convicted of drug trafficking, 63% of whom were black. Part of the increase is attributable to large numbers of persons convicted of drug trafficking, 63% of whom were blacks. ****Trends figure 2**** Percent of convicted felons sentenced to prison, jail or probation 1988 1990 1992 1994 ------------------------ Prison 44 46 44 45 Jail 25 25 26 26 Probation 31 29 30 29 ------------------------------------------ Percent of convicted felons who received a prison sentence 1988 1990 1992 1994 ----------------------- All offenses 44 46 44 45 Murder 91 91 93 95 Rape 69 67 68 71 Robbery 75 73 74 77 Aggravated assault 45 45 44 48 Burglary 54 54 52 53 Larceny 39 40 38 38 Drug trafficking 41 49 48 48 ****Trends figure 3***** Percent of convicted felons who received a prison, sentience versus 1994 1988 1994 --------------- Murder 91 95 Rape 69 71 Robbery 74 77 Aggravated assault 45 48 Burglary 54 53 Larceny 39 38 Drug trafficking 41 48 -------------------------------------- Felony sentences in State courts, 1994 -------------------------------------- In 1994 State courts convicted over 870,000 adults of murder, rape, robbery, drug trafficking, and other felony offenses. Forty-five percent of convicted felons were sentenced to a State prison, and 26% were sentenced to a local jail (usually for a year or less). The remaining 29% were sentenced to straight probation with no jail or prison time to serve. Other results include the following: *Drug traffickers (19%) and drug possessors (12.5%) together made up 31.4% of felons convicted in State courts in 1994. Violent offenders, consisting of murderers (1.4%), rapists (2.3%), robbers (5.3%), assaulters (7.5%), and others convicted of a violent crime (2.4%) together made up 18.9%. Burglars (11.2%) and larcenists (13%) made up most of the rest. *The average sentence to local jail was 6 months. The average probation sentence was just over 3 years. *Felons sentenced to State prison in 1994 had an average sentence of nearly 6 years but were expected to serve over a third of that sentence-- or 2 years and 3 months--before release. State courts nationwide sentenced to life 24% of those convicted of murder or nonnegligent manslaughter. *The 872,000 felons sentenced in 1994 were convicted altogether of about 1 million felonies. The number of felony convictions exceeds the number of convicted felons because 14% of the felons were convicted of two felony charges and 5% were convicted of three or more. *The likelihood of a prison sentence rose from 43% for those convicted of one felony, to 52% for two, and 58% for three or more. The mean sentence to incarceration also increased from 3 1/2 years for those convicted of one felony to almost 6 years for those convicted of two or more. *A fine was imposed on 21% of convicted felons, restitution on 18%, community service on 7%, and treatment was ordered for 7%. ****FIGURE 1**** Average sentence to State prison and estimated time to be served for a felony, 1994 Most serious Sentence Estimated time conviction offense length to be served ----------------------------------------------- Violent 118 54 Property 57 20 Drugs 61 20 Weapons 47 21 Other 41 17 Violent offenders sentenced to prison had an average sentence of about 10 years but were likely to serve 46% of that sentence--or about 4 1/2 years-- before release. ----------------------------- Profile of felons convicted in State courts, 1994 ----------------------------- The 1994 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 51% of those convicted of a felony in State courts; black felons were 48%; and persons of other races (American Indians, Alaska Natives, Asians, and Pacific Islanders), 1%. Among persons convicted, white felons were less likely than blacks to be sent to prison: 42% of convicted white defendants received a prison sentence; 55% of blacks defendants. The average State prison sentence was 11 months longer for blacks than whites: 75 months for blacks and 64 months for whites. ****FIGURE 2**** Offense distribution of persons convicted of a felony in State courts, by race, 1994 Most serious conviction offense White Black ------------------------------------ Violent 18 20 Property 37 26 Drugs 26 41 Weapons 3 4 Other 16 8 Drug offenses comprised 41% of the conviction offenses of black versus 26% of the conviction offenses of whites Average sentence to State prison for a felony imposed by State courts, by race, 1994 Most serious conviction offense White Black ---------------- Violent 108 126 Property 55 57 Drugs 51 60 Weapons 42 47 Other 36 43 State prison sentences were generally similar between the races Other findings were-- *In 1994 men comprised 85% of persons convicted of a felony. An estimated 50% of males received a State prison sentence, compared to 33% of females. *The most serious conviction offense was a violent felony in 13% of cases for women, and 24% of cases for men. Among convicted whites, 20% had a violent felony conviction offense; among blacks, 24%. *The average age of felons convicted in 1994 was 30 years. *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 4 1/2 years. *Men nationwide were sentenced to local jail for an average of 7 months, and women for 5 months. 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, 1994 ------------------------------ 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 included "straight probation." Excluded were probation sentences combined with a term of confinement in a prison or jail. In this section, the probation definition is expanded to include such "split sentences." Defined that way, probation sentences comprised 50% of all sentences imposed on felons in 1994. Other probation findings from the 1994 survey included: *State courts sentenced to probation an estimated 430,000 convicted felons. *Nationwide, probation sentences had an average length of about 3 1/3 years. *The average jail sentence was 5 months; the average prison sentence, 4 years and 2 months. *The average age of probationers nationwide was 30 years. Females made up 17% of all felons placed on probation. Whites were 56% of probationers, and blacks were 43%. ****GRAPH 3**** Average probation sentence for felons convicted in State Courts, 1994 Most serious Straight Split conviction offense probation sentence -------------------------------------------- Violent 45 44 Property 42 39 Drugs 39 40 Weapons 32 38 Other 36 39 Probation sentence lengths were similar between straight probation and split sentences. Offense distribution of felons sentenced to probation, by sex, 1994 Most serious conviction offense Male Female -------------------------------------- Violent 16 8 Property 29 43 Drugs 35 37 Weapons 4 1 Other 17 12 About 43% of women versus 35% of men sentenced to probation had a property conviction offense. ------------------------------ Felony case processing in State Courts, 1994 ----------------------------- *Nationwide in 1994, 89% of convictions were the product of a guilty plea. 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 773,000 persons pleaded guilty to a felony offense. Of all felony offenses, persons convicted of murder were the least likely to have pleaded guilty (58%) and the most likely to have been convicted by a jury (35%). *Of felons convicted in State courts, 6% were found guilty by a jury, and 5% were found guilty by a judge in a bench trial. The most serious offenses--violent crimes of murder, rape, robbery, aggravated assault, and other violent offenses-- comprised about 19% of all felony convictions but an estimated 45% of all jury trials. *Sentences to prison or jail occurred in 81% of jury convictions, 65% of bench trial convictions (decided by a judge alone), and 69% of guilty pleas. *An estimated 58% of felons convicted by a jury received a prison sentence, compared to 58% of those convicted by a judge and 44% of those who pleaded guilty. *Prison sentences were much longer for felons convicted by a jury trial (12 years) than for felons who pleaded guilty (5 years) or were convicted by a judge (7 years). *Felons sentenced to jail in a jury trial received a mean or average sentence of 6 months. The mean jail sentence in a bench trial was 5 months; in a guilty plea, 6 months. *Murderers convicted by a jury were the most likely of all convicted defendants to have received a life sentence (41%) or the death penalty (4%). Sentences to life in prison or death for murder or nonnegligent manslaughter occurred in about 11% of the bench trials and 18% of the guilty pleas. *In 39% of jury trial convictions nationwide, felons were found guilty of multiple offenses. Eighteen percent of the guilty pleas and 21% of the bench trial convictions involved multiple offenses. ***FIGURE 4**** Types of felony sentences imposed by State courts, 1994 Nature of conviction Prison Jail Probation -------------------------------------- Trail 58 15 24 Jury 58 22 15 Bench 58 7 34 Guilty plea 44 25 26 A prison sentence resulted in 62% of trail convictions versus 44% of guilty plea convictions. Average sentence to State prison, by offense and nature of conviction, 1994 Most serious Total Guilty conviction offense trial plea -------------------------------------- Violent 172 101 Property 70 52 Drugs 88 45 Weapons 75 45 Other 52 39 The average sentence to prison for drug offenses was about 10 years for trial convictions versus 5 years for guilty plea. 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 about 5 1/2 months and bench trials took 8 months. The longest average time was for murder or nonnegligent manslaughter, about 11 months, and the shortest, 5 months for drug possession. *Mean elapsed time from conviction to sentencing for persons convicted of a conviction of a felony was about 1 month, regardless of the method of conviction. *Mean elapsed time from arrest to sentencing in 1994 was just over 6 months; the median was nearly 5 months. *Cases decided by juries had a mean elapsed time from arrest to sentencing of about 10 months; those disposed by bench trial had a mean of 8 1/2 months; those disposed by guilty plea had a mean of 6 months. ------------------------------------ Regional variation in adjudication and sentencing, 1994 ------------------------------------ In this chapter, criminal justice processing in the South is compared to the rest of the Nation. The comparisons are based on data from 141 counties in the South and 159 counties outside the South. The county-level data on the 141 were combined to represent the South. The data on the 159 were combined to represent non- Southern places. While the samples were not drawn with the intention of forming samples representative of their regions, the data on the 141 Southern counties and the 159 non- southern counties are the most extensive existing data on the two areas of the Nation and should, therefore, prove informative. Likelihood of conviction if arrested ------------------------ Data sources ------------ A comparison of convictions and arrests was made using conviction data from the National Judicial Reporting Program and arrest data from the FBI's Uniform Crime Reports (UCR). 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 felony conviction given arrest. Likelihood of conviction ------------------------- Certain crimes are almost exclusively defined in law as felonies. Six of them are murder, rape, robbery, aggravated assault, burglary, and drug trafficking. Arrests for these crimes are, by definition, almost always felony arrests. The number of felony convictions for every 100 adult arrests for these crimes forms a measure of the approximate likelihood of an arrest leading to conviction. In 1994, the likelihood of an adult felony arrest resulting in adult felony conviction was greater in the South (44%) than outside the south (34%) (table 5.1). The biggest regional difference was for drug trafficking: 82% conviction rate for arrested drug traffickers in the South, versus 51% elsewhere. Likelihood of State prison sentence if convicted --------------------------- Data source ------------- Data on 1994 felony convictions and sentences are from the National Judicial Reporting Program. Likelihood of prison sentence ------------------------------ 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 49% of the felons they convicted in 1994. That compares to 43% in State courts elsewhere. In general, a pattern of more severe sentencing in the South held true for most types of offenses (excluding weapons offenses), although to a lesser extent for violent offenses. Specifically, convicted felons in the South were more likely to receive a prison sentence than those outside the South for all offenses except robbery, drug trafficking, and weapons offenses. However, the likelihood of a prison sentence for robbery, drug trafficking and weapons offenses differed less than 3% between the South and the rest of the Nation. Length of State prison sentence -------------------------------- Data source ----------- Data on felony sentence lengths are from the 1994 National Judicial Reporting Program. Prison sentence length ---------------------- Felony prison sentences were longer in the South than elsewhere. Overall, the average prison sentence in the South in 1994 was 84 months (7 years), compared to 59 months (almost 5 years) outside the South. The average State prison sentence was longer in the South for every offense except murder. The shorter sentence length for murder in the South is misleading because life sentences are not included in the calculation of sentence length. The South sentenced one in four of its murderers to life; the other regions sentenced one in five to life imprisonment. Summary -------- Various measures of the criminal case processing all indicate that, in 1994, the likelihood of punishment was greater in the South than elsewhere in the Nation. The likelihood of arrest leading to conviction, the likelihood of a prison sentence if convicted, and the length of the prison sentence were all greater in the South. ------------------------------- Juveniles transferred to adult court, 1994 ------------------------------- In 1994 an estimated 872,000 adults were convicted of a felony in State courts. Of them, approximately 21,000 were persons under age 18. Though under 18, these 21,000 were not handled in juvenile courts. Instead, they were prosecuted and adjudicated as adults. Prosecution of persons under 18 as adults was not the norm in most States in 1994. In that year 39 States and the District of Columbia defined adulthood as beginning at age 18. The remaining 11 States set the lower age limit for adult prosecution below age 18. Specifically, 16- and 17-year-olds were adults in the eyes of the law in three States (Connecticut, New York and North Carolina); 17-year-olds were considered adults in eight States (Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, Texas and South Carolina). In exceptional cases in 1994, defendants below a State's lower-age limit were prosecuted as adults rather than as juveniles. Such cases were either statutorily excluded from juvenile court jurisdiction or waived to adult court at the discretion of authorities (juvenile courts or prosecutors). Commonly excluded cases were murders and other serious violent offenses. In addition, several States excluded juveniles charged with felonies if they had prior adjudications or convictions. ***For additional information on juveniles prosecuted in adult courts, see the BJS Special Report Juveniles Prosecuted in State Criminal Courts, NCJ--164265, March 1997.*** To summarize, persons below age 18 who were prosecuted and adjudicated as adults in 1994 fell into two broad categories. One consisted of defendants in the 11 States where, by definition, all 16- and 17-year-old defendants were prosecuted as adults. The other consisted of the exceptional cases: defendants below the age at which adult prosecution normally begins in their State. For simplicity the latter are referred to as transferred cases. As the term is used here, transferred covers both cases excluded from juvenile court by statute and cases transferred to adult court at the discretion of the juvenile court or the prosecutor. To examine severity of sentencing of offenses for persons under age 18 treated as adults, three sets of comparisons are made: *between those under 18 and those 18 or over *between persons under 18 who were transferred to adult court and persons who were 16- and 17-year-olds in States where, by definition, all 16- and/or 17-year-olds were handled as adults *between persons under 18 who were transferred to adult court, and persons who were in their first year of adulthood in their State (age 16 in the 3 States where, in 1994, adulthood began at age 16; age 17 in the 8 States where adulthood began at age 17; age 18 in the 39 States and the District of Columbia where adulthood began at age 18). Findings are summarized below: *A larger percentage of those under 18 (40%) than of those 18 or over (19%) had a violent crime as their conviction offense. *Among defendants convicted of aggravated assaults, 72% of those under age 18 received a prison sentence, compared to 49% of those 18 or older. For the other 11 detailed offense categories there were only varying small differences between the two age groups in their likelihood of receiving a prison sentence. *Among defendants sentenced to prison, those under age 18 had about the same length of sentence as older defendants for property and drug crimes. However, for weapons and violent offenses, defendants under age 18 received longer sentences on average than those age 18 or older. *For robbery, defendants under age 18 received an average prison sentence of about 10« years--15 months longer than the average sentence of older defendants. *Among defendants sentenced to jail or probation, those under age 18 generally had longer sentences on average than those age 18 or older. Cases transferred to adult court consisted of-- *Felons under 16 in the three States where age 16 defendants are treated as adults *Felons under 17 in the eight States where age 17 defendants are treated as adults *Felons under 18 in the 39 States and the District of Columbia where adulthood begins at age 18. In 1994, such transferred cases totaled approximately 10,500 juveniles convicted of a felony in State courts. The 21,000 persons under age 18 convicted of a felony in State courts nationwide in 1994, therefore, consisted of 10,500 transferred juveniles plus defendants age 16 or 17, who were legally defined as adult. The estimate of 10,500 transferred juveniles is probably conservative, as can be explained by an illustration. Imagine a defendant in Maryland (a State where, by definition in 1994, adulthood began at age 18) who was age 18 at conviction but age 17 at arrest. Such a difference in age between arrest and conviction is not unusual, since conviction typically occurs 5 months after arrest. The defendant would properly be classified as a transferred juvenile because he was under age 18 at arrest. Suppose the defendant's age at arrest were unknown, as was true for 57% of defendants in the court database. In that case, the transferred juvenile defendant would have been misclassified as an adult. Such misclassifications occurred, not only in the 39 States where adulthood began at 18 but also in the 11 States where it began at 16 or 17. To estimate the number of possible misclassifications, defendants were selected for investigation who met two criteria: *were, at time of conviction/ sentencing, in their first year of adulthood, as defined by their State *had a known age at both arrest and conviction/sentencing. In the three States where adulthood begins at 16, none of the defendants age 16 at conviction or sentencing were under 16 at arrest. In the eight States where adulthood begins at 17, 6% of the defendants age 17 at conviction or sentencing were under 17 at arrest. In the 39 States and the District of Columbia where adulthood begins at 18, 28% were age 18 at conviction or sentencing but under 18 at arrest. Overall, 24% of defendants in their first year of adulthood (at time of conviction or sentencing) were juvenile at arrest. These 24%, all of whom were in their first year of adulthood at time of conviction or sentencing, were correctly classified as "transferred juveniles" only because their age at arrest was known. Unfortunately, many other defendants in their first year of adulthood at conviction/sentencing did not have a known age at arrest. Assuming that 24% of such defendants were juveniles at arrest, their initial classification as "adult" was incorrect. Their correct classification is "transferred juveniles." When correction was made for such initial misclassification: *The result was an estimated 1,300 cases of suspected transferred juveniles who were mistakenly classified as adults. When the 1,300 are added to the original estimate of 10,500 transferred juveniles, the total is nearly 12,000 transferred juveniles. The additional 1,300 came from reclassifying certain defendants in their first year of adulthood (based on age at conviction or sentencing) as transferred juveniles rather than as adults by definition. Conceivably, some defendants who were in their second year (or even third year) of adulthood at conviction or sentencing were below the age of adulthood at arrest, but such cases were found to be rare (1% of persons in their second year of adulthood were juvenile at arrest). Consequently, no correction was made for them. *Among convicted felons under age 18, transferred cases had more serious offenses than those under 18 who were adult by legal definition. About half of the offenses of transferred cases were violent, compared to about a quarter of the offenses of 16-and 17-year-olds who were adults by definition. For about half of the 12 detailed categories of offenses, transferred cases were more likely to receive a prison sentence than other persons under 18 who were convicted as adults. The sentences were also longer for transferred defendants than for those defined as adults. For the other half of offenses, the persons under age 18 but treated as adults were more likely to receive a prison sentence than the transferred cases. Therefore, the data do not support the general conclusion that transferred cases received more severe sentences than other defendants who were under 18 and adjudicated as adults. When defendants who were transferred to adult court were compared with defendants in the first year of adulthood, as defined by their State, a clear pattern was found. In general, transferred juveniles were more likely to receive a prison sentence, and they received a longer prison sentence, than defendants in their first year of adulthood. For example, among those convicted of aggravated assault, 81% of transferred juveniles received a prison sentence, and the average imposed sentence was 6.5 years. By comparison, 60% of convicted assaulters in their first year of adulthood received a prison sentence, and the average was about 5.5 years. -------------- Methodology ------------- Sampling --------- Except for 1 county (replaced by another county), the sample of 300 counties drawn for the 1988 survey was also used in the 1992 survey. Every county in the Nation had a nonzero probability of being in the sample. In general, the more felony cases a county had, the more likely 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 the 1985 resident population. Strata 3 through 8 consisted of the remaining 3,034 counties. Because the 75 largest counties account for a disproportionately large amount of serious crime in the Nation, they were given a greater chance of being selected than the remaining counties. Stratum 1 consisted of the 19 counties with the largest number of felony convictions in 1985, plus 12 counties whose participation in the survey had been prearranged. Every county in stratum 1 was selected for the sample. Stratum 2 consisted of the 44 most populous counties that were not in stratum 1. The 44 were ordered by their number of felony convictions in 1985, and then approximately every other county was selected. Stratum 2 thus contributed 23 counties to the sample. Altogether, 54 out of the 75 largest counties were sampled. Data on 1985 felony convictions were obtained from a mail survey described in State Felony Courts and Felony Laws (NCJ--106273) and Census of State Felony Courts, 1985 (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 prosecutors' offices, and courts and prosecutors' 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 that year. 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 prosecutors' 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 1994 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 of corrections. The NJRP is subject to sample gathered data from 38 State departments ling variability, but the NCRP is not. The 1994 NJRP is based on samples of sentenced felons drawn from court and prosecutors' 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 1994 NJRP and 1992 NCRP demographic profiles of persons receiving a State prison sentence produce nearly identical results-- Percent of prison sentences NJRP NCRP --------------------------------------- Sex Male 90.9 91.3 Female 9.1 8.7 Race White 41.4 44.7 Black 57.9 54.3 Other 0.7 1.0 *National Corrections Reporting Program, 1992 BJS, NCJ--145862, October 1994, p.12