U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics 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.ojb.usdoj.gov/bjs/pubalp2.htm#cfjs Compendium of Federal Justice Statistics, 1996 January 1999, NCJ-172849 Jan M. Chaiken, Ph.D. Director, BJS This Bureau of Justice Statistics Report was prepared by the Urban Institute under the supervision of Steven K. Smith and John Scalia, Jr., of the Bureau of Justice Statistics (BJS). The project is supported by BJS grant number 95-BJ-CX-K001. Principal staff for the project at the Urban Institute were William J. Sabol, Ph.D., William Adams, John McGready, Barbara Parthasarathy, Adam Pollack, Harvey Meyerson, Yan Yuan, and Christine Arriola. Layout and design were by O. Jay Arwood and David Williams. Tom Hester of BJS provided editorial review. This report is made possible through the cooperation of the following Federal agencies and their staffs: The Administrative Office of the United States Courts (AOUSC), the Executive Office for U.S. Attorneys (EOUSA), the U.S. Bureau of Prisons (BOP), the United States Sentencing Commission (USSC), and the Federal Judicial Center (FJC). The staff who provided expert advice about the source records include: Steven Schlesinger, Catherine Whitaker, and Pragati Patrick (AOUSC); Eileen Menton and Vernlyn Bryant (EOUSA); Gerald Gaes and Christopher Innes (BOP); Elizabeth McGrath and Richard McNeil (USSC); and David Rauma and George Cort (FJC). The contents of this document do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. BJS authorizes any person to reproduce, publish, translate, or otherwise use all or any part of the copyrighted material in this publication; citation to source, however, is appreciated. An electronic version of this report and the data analyzed in the report may be found on the Internet at the following address: http://www.ojp.usdoj.gov/bjs/ Contents Highlights Introduction Organization of the Compendium Modifications to the 1996 Compendium Notes to reader System overview Chapter 1: Prosecution U.S. attorneys' decisions Suspects in matters received Suspects in matters concluded Tables -- not included in this file (available in Lotus spreadsheets and portable document format (PDF)) Chapter notes Chapter 2: Pretrial release Types of pretrial release Factors relating to release or detention Pretrial outcomes by offense categories Pretrial outcomes across demographic groups Length of pretrial detention Tables -- not included in this file (available in Lotus spreadsheets and portable document format) (PDF)) Chapter notes Chapter 3: Adjudication Defendants in cases commenced Defendants in cases terminated Case processing times Convictions by U.S. magistrates Characteristics of convicted defendants Tables -- not included in this file (available in Lotus spreadsheets and portable document format (PDF)) Chapter notes Chapter 4: Sentencing Offenders convicted and sentences imposed Average prison sentences imposed Relationship between sentence imposed and mode of conviction Characteristics of offenders sentenced to prison Tables -- not included in this file (available in Lotus spreadsheets and portable document format (PDF)) Chapter notes Chapter 5: Appeals Appeals filed Appeals terminated Tables -- not included in this file (available in Lotus spreadsheets and portable document format (PDF)) Chapter notes Chapter 6: Corrections Supervision Probation outcomes Parole and supervised release outcomes Entrants into supervision Characteristics of offenders completing supervision Federal offenders under supervision Federal prisoners: First releases and time served Admissions, releases, and standing population of Federal prisoners Characteristics of Federal prisoners Tables -- not included in this file (available in Lotus spreadsheets and portable document format (PDF)) Chapter notes Methodology The Federal justice database Table construction and interpretation Offense classifications Figure S.2. -- not included in this file (available in portable document format (PDF) Source agencies for Compendium data tables -- not included in this file (available in portable document format (PDF) Glossary Highlights During 1996 nearly 98,000 suspects were investigated by U.S. attorneys for possible violations of the U.S. code, and criminal charges were filed in U.S. district courts against about 65,500 defendants, a third of whom were prosecuted for drug offenses. The majority (86%) of the 61,434 defendants whose cases were terminated in U.S. district courts during 1996 were convicted. Among those convicted, 68% were sentenced to prison for an average of 61 months. At the end of 1996, the Federal Bureau of Prisons held more than 92,650 prisoners who had been convicted of a Federal offense, an increase of 5% over 1995. Sixty percent of those held by the Bureau of Prisons were convicted and sentenced for drug offenses. Prosecution During 1996 U.S. attorneys initiated criminal investigations of 97,776 suspects, and they concluded their investigations of 98,454 suspects. More than 30% of the suspects were investigated for each of three overall offense categories -- property, drug, and public-order -- while the remaining 7% were investigated for violent offenses. Of the suspects in criminal matters concluded, U.S. attorneys prosecuted 56,938 in U.S. district courts (58% of all suspects in matters concluded) and declined to prosecute 32,832 suspects (33%), while U.S. magistrates disposed of another 8,684 suspects (9%). Suspects in criminal matters involving drug or violent offenses were slightly more likely to be prosecuted in a U.S. district court (70% and 62%, respectively) than were the suspects involved in public-order or property offenses (54% and 49%, respectively). Suspects involved in property offenses such as fraud or regulatory public-order offenses were more likely to be declined for prosecution (46% and 66%, respectively) than were the suspects investigated for drug or violent offenses (23% and 33%, respectively). Pretrial release During 1996 about 53% of the 51,063 defendants who terminated pretrial services were released at some time prior to their criminal trial. Defendants charged with property offenses such as embezzlement, fraud, and larceny and those charged with regulatory public-order offenses or tax law violations were more likely to be released prior to trial (between 76% and 95% of these defendants were released) than were defendants charged with violent offenses, drug trafficking, weapons, or immigration offenses (between 13% and 49% of these defendants were released). Defendants having a prior criminal history of serious or violent crimes were less likely to be released than those without a prior criminal history; defendants with more criminal history were less likely to be released than those with less criminal history. Twenty-six percent of the defendants with a prior violent felony conviction were released before trial, while 64% of the defendants with no prior convictions were released. Fifty-six percent of defendants with one prior conviction were released, as compared to 43% of defendants having two to four prior convictions and 29% of defendants having five or more prior convictions. About 84% of the defendants released prior to trial completed their periods of release without violating the conditions of their release. Sixteen percent of defendants released violated the conditions of their release, and about 6% of defendants had their release revoked. Defendants charged with drug and violent offenses were more likely to commit at least one violation of their conditions of release (26% and 21%, respectively) and to have their release revoked (10% each) than were other defendants. Adjudication Criminal charges were filed in U.S. district courts against 65,480 defendants during 1996, about 80% of whom were charged with felonies. Of the defendants charged with felonies, 41% were prosecuted for drug trafficking offenses, 27% for property offenses, 25% for public-order offenses, and 7% for violent offenses. Criminal cases were concluded against 61,434 defendants during 1996, 80% of whom had been charged with felonies. Eighty-six percent (or 53,076) of all defendants were convicted; 83% of these were felony convictions. Eighty-nine percent of defendants charged with felonies were convicted. This conviction rate was about the same for all major offense categories: 88% of violent offenders, 90% of property offenders, 88% of drug offenders, and 90% of public-order offenders. Most felony convictions were obtained by guilty plea (91%). Drug defendants comprised 41% of felony convictions; defendants charged with property and public-order offenses comprised 26% and 27%, respectively, of the felony convictions, and defendants charged with violent offenses comprised the remaining 6% of felony convictions. Sentencing Of the 53,076 offenders sentenced during 1996, about 69% were incarcerated, another 24% were placed on probation (either alone or with some incarceration), and 7% were ordered to pay a fine. About 91% of violent felony offenders and 92% of drug trafficking offenders received prison sentences, as did 79% of felony public-order offenders and 59% of felony property offenders. The 36,373 offenders sentenced to prison received, on average, 61 months of imprisonment, while the 12,644 offenders sentenced to probation received, on average, 33 months of probation. Offenders sentenced for violent felony offenses and felony drug offenses received longer average prison terms (93 and 85 months, respectively) than those convicted of felony property and public-order offenses (24 and 51 months, respectively). Average length of sentences imposed, by offense, October 1, 1995 - September 30, 1996 Most serious offense of conviction Average sentence length All offenses 61.2 Felonies 64.2 Violent offenses 92.5 Property offenses 23.9 Drug offenses 84.5 Public-order offenses 50.8 Misdemeanors 11.0 Appeals During 1996 the U.S. Courts of Appeals received 10,889 criminal appeals. Forty-six percent of the appeals filed challenged both the conviction and sentence imposed. Only 4% of appeals were filed by the Government. Of the 10,161 appeals terminated during 1996, 77% (or 7,820) were terminated on the merits. In 86% of the appeals terminated on the merits, the district court ruling was affirmed, at least in part. Corrections A total of 17,433 offenders were serving terms of probation supervision that terminated during 1996. Most of these offenders (84%) completed their terms of probation successfully. About 14% of offenders violated their conditions of probation; 4% of probationers committed new crimes. A total of 19,874 offenders completed terms of parole or supervised release during 1996. Sixty-four percent of these offenders successfully completed their terms without violating conditions of release; 11% committed new crimes; 22% committed technical violations. Regardless of the type of supervision, offenders convicted of violent offenses were less likely than others to successfully complete a term of supervision. At the end of 1996, there were 88,189 offenders under supervision. About 52% were under terms of supervised release; another 38% were on probation; and 10% were on parole. Drug offenders comprised 50% of offenders under terms of supervised release, 56% of offenders on parole, and 12% of offenders on probation. Property offenders comprised 40% of the offenders on probation, 28% of offenders serving terms of supervised release, and 12% of offenders on parole. The Federal prison population increased by 4,676 offenders during 1996 to reach 92,672 persons. During 1996, 35,254 prisoners were received by the Bureau of Prisons from U.S. district court commitments. An additional 12,175 prisoners were returned to Federal prison for violating conditions of probation, parole, or supervised release, or were otherwise admitted to Federal prison from elsewhere than a U.S. district court. During 1996, 30,251 prisoners were released for the first time from Federal prison after commitment by a U.S. district court. Of these, 28,073 were released by standard methods and 2,178 were released by extraordinary means (death, treaty transfer, sentence commutation, or drug treatment). The standard "first releases" served, on average, 28.2 months before their release, or about 92% of the sentence imposed. Drug offenders served an average of 40 months before first release, while property offenders served an average of 16 months before first release. Average time to first release, standard releases, by offense, October 1, 1995 - September 30, 1996 Most serious original offense of conviction Mean time served All offenses 28.2 Violent offenses 54.3 Property offenses 15.6 Drug offenses 40.3 Public-order offenses 17.2 An additional 12,502 prisoners were released from subsequent commitments to Federal prison. Drug offenders -- who comprised about 41% of persons admitted into Federal prison -- comprised the largest percentage of persons in prison (60%) at the end of 1996. Admissions to Federal Bureau of Prisons, releases, and prisoners at yearend, by offense, October 1, 1995 - September 30, 1996 Most serious offense Population at of conviction All admissions All releases yearend All offenses 47,429 42,753 92,672 Violent offenses 9.1 9.8 12.4 Property offenses 20.2 22.4 8.4 Drug offenses 40.8 39.1 59.6 Public-order offenses 28.4 27.6 18.6 Introduction This Bureau of Justice Statistics (BJS) report presents an overview of case processing in the Federal criminal justice system. The data presented are compiled from the BJS Federal Justice Statistics Program (FJSP) database. The FJSP database includes data provided by the Administrative Office of the U.S. Courts, the Executive Office for the U.S. Attorneys, the Federal Bureau of Prisons, and the U.S. Sentencing Commission. The Administrative Office of the U.S. Courts, in addition to providing data describing defendants in cases processed by the Federal judiciary, provides data describing defendants processed by the Federal pretrial services agencies and the Federal probation and supervision service. The data provided by the agencies are archived for public use at the National Archive of Criminal Justice Data (ICPSR 9296). Each agency reports on those defendants it processed during a given year in an annual statistical report. These agency reports are often incomparable due to the varying methods the agencies use to report case processing activities. As reported by an interagency working group, headed by BJS, the differences in the case processing statistics are attributable, in part, to the differing needs and missions of the agencies. The working group found the following differences in reported statistics: the universe of cases reported during a given period -- some agencies report on those case processing events that occurred during a particular period, whereas others report on those events recorded during a particular period; and many of the commonly used case processing statistics -- suspect/defendant processed, offense committed, disposition, and sentence imposed -- are defined differently across agencies. BJS, through its Federal Justice Statistics Program, however, has recognized the incomparability of these annual statistical reports and has attempted to reconcile many of the differences identified by the working group. For instance, by combining databases from several years, BJS is able to report on those cases that actually occurred during the reporting period. Additionally, commonly used case processing statistics are made comparable across stages by applying uniform definitions to data obtained from each agency. Because definitions in the Federal Justice Statistics Program are consistent with those categories in BJS programs describing State defendants convicted, sentenced, or imprisoned, the comparison of Federal and State case processing statistics is facilitated. The 1996 Compendium, 11th in a series which includes 1984, 1985, 1986, 1988, 1989, 1990, 1992, 1993, 1994, and 1995, describes defendants processed at each stage of the Federal justice system -- investigation and prosecution by the U.S. attorneys (chapter 1), pretrial release or detention (chapter 2), adjudication in the U.S. district courts (chapter 3), sentencing (chapter 4), appeal of the conviction and/or sentence imposed (chapter 5), and corrections (chapter 6)-- for the 12-month period ending September 30, 1996 (the Federal fiscal year). Prior to 1994, the Compendium was reported on a calendar-year basis. The tables presented report events that occurred during the Federal fiscal year -- October 1, 1995 - September 30, 1996. Generally, the tables include both individual and organizational defendants. Organizational defendants are not included in tables describing pretrial release and detention or tables showing defendants sentenced to incarceration. Juvenile offenders are included in the reported statistics. Felony and misdemeanor distinctions are provided where possible (see "Offense classifications" in Methodology). Organization of the Compendium Each chapter of the Compendium describes a major stage in the processing of criminal suspects and defendants. Each chapter contains Chapter notes that describe the universes of data used in the tables and information relevant to the interpretation of individual tables. The Compendium contains the following: Chapter 1. This chapter describes decisions made by Federal prosecutors in screening criminal matters and the characteristics of defendants in cases prosecuted or declined for prosecution. Chapter 2. This chapter describes the pretrial release and detention practices of the Federal judiciary, including the characteristics of defendants detained or released pending trial. Chapter 3. This chapter describes actions by the Federal judiciary in adjudicating defendants in cases filed by the U.S. attorneys, including the offense charged and characteristics of defendants convicted. Chapter 4. This chapter describes the sentences imposed by the Federal judiciary on convicted defendants, including the characteristics of defendants sentenced. Chapter 5. This chapter describes appeals of criminal convictions and sentences imposed in the Federal courts, including the original offense charged. Chapter 6. This chapter describes defendants under Federal correctional supervision -- probation, parole, and supervised release -- including the outcome of the supervision (successful completion or violations), admissions to and releases from Federal prison, and time served by Federal inmates. Methodology. This section describes the procedures followed in analyzing data and developing tables. Glossary. This section contains definitions for terms used in the Compendium. Since many terms used in the text and tables have specialized meanings (either because they refer to Federal law or because of reporting procedures by the Federal agencies supplying the data), readers are encouraged to check the glossary for exact definitions of tabulated data. Comparing Case Processing Statistics. This document, prepared by an interagency working group tasked to reconcile differences in Federal criminal case processing statistics, identifies and describes the major differences in the way Federal criminal justice agencies collect, tabulate, and report criminal case processing events. Modifications to the 1996 Compendium The 1996 Compendium of Federal Justice Statistics incorporates these changes: For tables based on AOUSC criminal data, carjacking offenses were reclassified, based on title and section, as robberies. This is a departure from AOUSC's classification of carjackings as motor vehicle theft. (See chapter 3, "Chapter notes.") In the corrections chapter (chapter 6), a table describing the population of Federal offenders under supervision at fiscal yearend was added. Also, a table showing methods of release for Federal inmates released from prison -- including both standard and "extraordinary" releases -- was added. Extraordinary releases include releases for drug treatment, treaty transfer, sentence commutation, and death. Notes to reader The tables in the Compendium were constructed to permit valid comparisons within each table and to allow the reader to compare percentages (but not raw totals) across tables. It should be understood, however, that the total number of subjects/ defendants shown in a particular table may not equal the number of subjects/defendants involved in a particular stage of processing, since some records could not be linked and some data sources did not include information on particular data elements classified in a particular table. Data notes indicate the exact universe for individual tables. The Compendium is a statistical presentation of Federal criminal justice information with limited analyses of trends or explanatory factors underlying the statistics. Analyses of Federal justice statistics may be found in special reports and other publications, some of which are cited in the Compendium. Assessment of changing patterns in the Compendium tabulations may depend on detailed examination of subcategories not shown in the tabulations or may require other sources of information, such as knowledge of legislation or Federal agency procedures. Chapter 1 Prosecution Federal criminal cases may be brought by the U. S. Attorney's Office, by the Criminal Division of the U.S. Department of Justice, or by other authorized agencies. The 93 U.S. attorneys serve as the chief Federal law enforcement officers within their respective districts. Investigations are most commonly referred to a U.S. attorney by a Federal investigative agency (primarily the Drug Enforcement Administration; the Federal Bureau of Investigation; the Postal Inspection Service; the Bureau of Alcohol, Tobacco, and Firearms; and the Secret Service), by the Criminal Division, or by a State or local investigative agency. Investigations may also be initiated -- and cases brought directly -- by U.S. attorneys or by the Criminal Division of the U.S. Department of Justice. This chapter reports only on suspects that were at least partially investigated by U.S. attorneys. U.S. attorneys' decisions After criminal investigations are initiated and criminal suspects are referred to them, U.S. attorneys may file charges against defendants in a U.S. district court, or they may decline to file these charges for reasons such as weak or insufficient evidence, minimal Federal interest, lack of resources, or lack of criminal intent. Matters that are declined may be referred to another authority for prosecution or be settled through alternative resolution procedures. U.S. attorneys may also file cases before U.S. magistrates, who have the authority to adjudicate misdemeanor offenses (18 U.S.C. Section 3401). U.S. attorneys consider these cases to be criminal matters because of their relatively less serious nature and because they are handled by magistrates. The decision to prosecute a suspect in a criminal matter depends upon many factors, including the Attorney General's priorities, U.S. attorney priorities and resources, laws governing each type of offense, and the strength of evidence in each case. During 1996, 58% of suspects in all offense categories were prosecuted. Suspects were prosecuted at different rates depending on their offense. Suspects involved in violent and drug offenses were more likely to be prosecuted before U.S. district court judges than were those involved in property and public-order offenses. Drug offense suspects were the most likely (70%) to be prosecuted. Suspects in property offenses were the least likely to be prosecuted (49%). However, suspects involved in property offenses were more likely to be referred to other authorities -- including authorities who resolved criminal matters by restitution or by civil or administrative procedures -- than were suspects involved in other types of criminal matters. Suspects in matters received During 1996 there were 97,776 suspects in new matters received for investigation by U.S. attorneys. ***Footnote 1: See Chapter notes, item 1, p. 20. The 1996 data are not directly comparable to the 1993 and prior compendia.*** Of these suspects, about 32% were investigated for public-order offenses, 31% for drug offenses, and 30% for property offenses. Just under 7% of all suspects were investigated for violent crimes. Relative percentages of offenses reflect criminal activity as well as Federal investigative, prosecutorial, and statutory priorities. For example, during 1996 priority areas for U.S. attorneys included violent crimes (including firearms prosecutions and violent street gangs), international and domestic terrorism, narcotics prosecutions, immigration, organized crime, white collar crime, government regulatory offenses, child support recovery, and civil rights prosecutions. ***Footnote 2: Statistical Report, United States Attorneys' Offices, Fiscal Year 1996. U.S. Department of Justice, Executive Office for United States Attorneys, Washington, DC.*** Suspects in matters concluded Upon receiving a matter, a U.S. attorney will either immediately decline it for prosecution or further investigate. Upon conclusion of the investigation, a matter may be filed as a criminal case in a U.S. district court, referred to a U.S. magistrate, or declined for prosecution. Of the 98,454 suspects in criminal matters concluded during 1996, 58% were prosecuted in U.S. district court, 33% were declined for prosecution, and 9% were referred to U.S. magistrates. ***Footnote 3: The number of suspects in criminal matters concluded is not comparable to the 1993 and prior compendia. See Chapter notes, item 2, p. 20, for details.*** Suspects prosecuted -- The likelihood of prosecution in U.S. district court varied widely across offense categories. Drug and violent offenders were more likely to be prosecuted than those involved in property and public-order offenses. U.S. attorneys prosecuted approximately 70% of suspects in drug offenses, 62% of those in violent offenses, 54% of those in public-order offenses, and 49% of those in property offenses. Differences in rates of prosecution within major categories were substantial. For example, among violent offenders, 78% of robbery suspects were prosecuted, while 63% of murder, 48% of assault, and 39% of rape suspects were prosecuted. Among property offenders, suspects investigated for counterfeiting were prosecuted at a higher rate than those involved in fraud (72% compared with 48%), and among suspects in public-order offenses, immigration (84%), weapons (63%), and tax law violators (61%) were much more likely to be prosecuted than suspects in communications (30%) and civil rights (6%) offenses. Suspects in matters declined -- Suspects in matters involving violent offenses were less likely to be declined for prosecution (33%) than those in property offenses (45%) but more likely than those in drug offenses (23%). Suspects in public-order offenses were slightly less likely to be declined for prosecution than those involved in violent offenses (32% compared to 33%). The decision to decline prosecution is based on a number of factors, including the lack of prosecutable offense, alternative resolution, or case- and suspect-related reason. Of the 32,832 declinations during 1996, 27% occurred because of case-related reasons, mostly due to weak evidence (23%); 23% occurred because there was no crime or criminal intent was lacking; and 19% occurred for other reasons, such as agency requests (6%) and minimal Federal interest (4%). Not all suspects whose matters were declined for prosecution avoided prosecution. Approximately 22% of the suspects in matters declined were referred to another authority for prosecution. An additional 6% were settled through alternative resolution procedures. While property offense suspects constituted the largest number of suspects who were referred by U.S. attorneys to other authorities for prosecution or resolution, drug offense suspects were the most likely of suspects whose matters were declined to be referred to other authorities for prosecution or alternative resolution. Thirty-four percent of the drug suspects whose matters were declined prosecution by U.S. attorneys were referred for other prosecution or resolution, as were 26% of the public-order, 26% of the property, and 25% of violent offense suspects. Within major offense categories, the likelihood that suspects in matters declined for prosecution were referred to other authorities for prosecution or alternative resolution varied among specific offenses. Within property offenses, referral occurred with 38% of persons involved in motor vehicle theft, compared to 16% of suspects in arson and explosives cases. Within public-order offenses, referral occurred with 30% of weapons suspects were referred to other authorities or had their case settled through alternative procedures, compared to 8% of suspects in civil rights cases. Defendants in cases concluded by U.S. magistrates -- Cases concluded by U.S. magistrates are, by statute, misdemeanors. ***Footnote 4: At the time that U.S. attorneys receive them, matters may not be classifiable as felonies or misdemeanors. By the time a U.S. magistrate disposes of a case -- or what the U.S. attorneys call a matter -- its offense level has been determined and it is, by statute, a misdemeanor.*** Overall, U.S. magistrates disposed of about 9% of all criminal matters investigated by U.S. attorneys. For most offenses, the likelihood that a U.S. magistrate concluded the matter was also relatively low. The most notable exception was escape, for which 57% of matters were concluded by U.S. magistrates. The escape offense category accounted for 21% of all cases concluded by U.S. magistrates. Most of the 3,369 escape violations were against defendants who absconded to avoid prosecution in State courts, the so-called "unlawful flight to avoid prosecution." Upon apprehension of the fugitive, these cases are normally dismissed by U.S. magistrates and turned over to the State for prosecution on the original warrant. Other types of offenses having comparably high rates of disposal by U.S. magistrates included postal law violations (30%); conspiracy, aiding and abetting, traffic, and jurisdictional offenses (29%); and other property violations (20%). Processing times -- For matters concluded during 1996, the average number of months from receipt of a matter to its conclusion by a U.S. attorney as a case filing or declination or its disposal by a U.S. magistrate was 10.3 months. However, the time to process matters varied with the outcome of the matter. Matters concluded by U.S. magistrates in which the suspect was convicted took the least amount of time -- an average of 3.7 months, and at least 50% of these convictions occurred in about 43 days. Similarly, 50% of the matters declined for prosecution were declined within 12.9 months. Overall, suspects in violent and drug offenses were processed more quickly than suspects in other offenses. For key decisions, such as whether to file a case or decline a matter for prosecution, violent offenses were concluded more quickly than drug offenses. At an average of 15.8 months, fraudulent property offenses took longer to conclude than other offenses. Chapter 2 Pretrial release The Bail Reform Act of 1984 (18 U.S.C. & 3141) sets the terms for release and detention of defendants facing charges in Federal courts. At the time defendants first appear before a judicial officer, they may be (1) released on personal recognizance or unsecured bond; (2) released subject to conditions imposed by the court, possibly including traditional bail; (3) temporarily detained without bail (limited to 10 working days) to permit deportation, exclusion, or the revocation of previously granted conditional release; or (4) detained pending the outcome of a detention hearing. (18 U.S.C. Section 3142(e) (1984)). According to the statute, a defendant must be brought before a judicial officer without "unnecessary delay" upon arrest. The judicial officer, who may be a judge but is generally a U.S. magistrate, determines whether the defendant will be released or detained prior to trial. If a hearing is required, the release decision may be delayed no longer than 3 days (or 5 days if requested by the defendant). At the initial appearance a recommendation to detain the defendant is made by the U.S. attorney and/or the pretrial services officer. If the court concurs with the recommendation to detain the defendant, a pretrial detention hearing is scheduled -- typically within 1 week of the initial appearance. At the pretrial detention hearing evidence is presented to show cause why the defendant should be detained pending adjudication of the charges. Recommendations to detain a defendant are limited to those instances where the defendant was charged with (1) a crime of violence, (2) an offense with a statutory maximum sentence of life imprisonment or death, (3) a drug offense with a statutory maximum sentence of 10 years or more imprisonment, or (4) any felony offense if the defendant had been convicted on two or more occasions of an offense described above or a similar State-level offense. Additionally, a detention recommendation may be made if there is a serious risk that the defendant would flee in an attempt to avoid prosecution or would obstruct justice or intimidate witnesses or jurors. Types of pretrial release Defendants may be released without financial conditions according to the following: Personal recognizance -- defendant is released subject to no financial or other conditions. Unsecured bond -- no money is required to be posted before release, but defendant is liable for full bail amount if he or she fails to appear. Conditional release-- any combination of restrictions that are deemed necessary to guarantee the defendant's appearance at trial or the safety of the community. Non-financial conditions commonly place restrictions on the defendant's movements, associations, and/or actions. They may also involve employment, or treatment for medical, psychological, or substance abuse conditions. Defendants may also be released on financial conditions. Financial conditions include (1) deposit bond (the defendant is required to post a percentage of the total bail amount, usually 10%), (2) surety bond (the defendant is released subject to guarantees by a third person that the full amount will be paid), or (3) collateral bond (collateral equal to the full bail amount required to be posted by the defendant before release). Financial conditions may occur in combination with nonfinancial conditions. Factors relating to release or detention In deciding whether to release a defendant and in settling release conditions, the court is directed to consider the nature and circumstances of the offense charges, the weight of evidence against the defendant, the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings. During 1996, 26,801 defendants were released for some period of time prior to trial (table 2.1). Those defendants released made up nearly 53% of the 51,063 defendants who terminated pretrial services during 1996. Of the defendants released, 84% completed pretrial services without violating the conditions of their release (table 2.8). In 1996, 31,895 defendants were detained for some period of time prior to the disposition of their case (table 2.3). Those defendants detained comprised about 63% of all defendants who terminated pretrial services during 1996. Included are those who were detained prior to having a preliminary hearing with the magistrate, at which point they could have been either released or ordered to have a detention hearing. Of the defendants detained, 53% were ordered detained by the court until case disposition. Pretrial detention hearings were held for 22,890 defendants. Of these, 16,917, or 74%, were ordered detained (table 2.5). Of the 26,801 defendants released prior to trial, 16% violated a condition of their release (table 2.7). The majority (82%) of these violations were technical violations of the bail conditions. Defendants released on collateral bond were more likely (21%) than other defendants to incur some violation of the conditions of their release (table 2.8). Conversely, defendants given conditional release violated their release at the lowest rates (7%). Slightly more than 6% of all released defendants had their release revoked. Pretrial outcomes by offense categories Releases (table 2.1) -- Defendants charged with violent offenses were less likely than other defendants to be released prior to criminal trial -- only 38% of the 3,152 violent offenders were released during 1996. However, among defendants charged with violent offenses, the percent released varied greatly; 20% of those charged with robbery were released compared to 64% of those charged with assault and 63% of those charged with rape. Property defendants made up the largest part of those defendants who were released, while drug defendants made up the largest part of those defendants who were detained. Violent defendants composed the smallest part of defendants in both groups. Slightly less than half of all drug defendants were released. Drug trafficking defendants were less likely to be released than those charged with non-trafficking offenses (44% compared to 58%), but defendants charged with trafficking offenses outnumbered those charged with non-trafficking offenses by 7 to 1. The release types for those defendants who were released prior to trial varied among offense categories. Within each offense category, the highest percentage of defendants released was on unsecured bond, except for violent defendants. Of the 38% of violent defendants released, 40% were released on unsecured bond and 43% on personal recognizance compared to 81% of all property defendants released, of whom 53% were released on unsecured bond and 35% on personal recognizance. Detentions -- Defendants charged with violent offenses were more likely (78%) to be detained for some period of time than other defendants. Violent defendants were also more likely to be detained by the court following a detention hearing (64% of those detained). Similarly, of those defendants charged with drug offenses, 76% were detained for some period of time -- 57% following a detention hearing. Property and public-order defendants were less likely to be detained than violent and drug defendants. During 1996, 68% of public-order defendants were detained. Of public-order defendants, those charged with immigration offenses were the most likely to be detained (93%). In 1996, 30% of all defendants charged with property offenses were detained. Of those defendants detained, 51% of public- order and 40% of property defendants were detained following a detention hearing. For 65% of defendants charged with violent offenses, it was decided at the preliminary hearing that a detention hearing was warranted. This rate varied by offense category, as 60% of those charged with drug-related offenses, 42% of those charged with public-order offenses, and 20% of those charged with property offenses were ordered to have a detention hearing. Of those charged with violent offenses, the most likely to have a pretrial detention hearing were those charged with murder, kidnaping, robbery, or threats against the President. The least likely were those charged with negligent manslaughter and sex offenses other than rape. Once a defendant was ordered to have a detention hearing, the chances of being detained were less variable across offense categories. The highest rate of defendants ordered detained were those charged with public-order offenses (82%) -- primarily immigration (90%) and weapons offenders (73%). Of the 65% of defendants charged with violent offenses and given a pretrial detention hearing, 77% were ordered detained. In 1996, 72% of those charged with drug offenses and 61% of those charged with property offenses were ordered detained. Violations -- Of defendants released prior to trial and terminating pretrial services during 1996, those charged with drug offenses were more likely (26%) than other defendants to incur at least one violation during the release period. Those charged with property offenses were less likely (10%) than others to violate conditions of their release. Those charged with violent offenses were more likely to have their release revoked (10% of all violent defendants, 51% of violent defendants incurring a violation), and property defendants were slightly less likely than public-order defendants to have their release revoked (3.5% versus 3.8%). Pretrial outcomes across demographic groups Releases (table 2.2) -- Females were more likely (78%) than males (48%) to be released during 1996. Males had nearly twice the chance of having a financial condition imposed on them as females (19% versus 11%). Sixty-six percent of all defendants identified as non-Hispanic were released during 1996 compared to 26% of Hispanics. Non-Hispanic releasees had nearly twice the chance of being released on personal recognizance. The higher the education level of the defendant, the greater the probability of release. Less than half (44%) of defendants with less than a high school education were released in 1996, while 82% of those who had completed college were released. Releasees with a college degree were slightly less likely to receive financial conditions (15%) and more likely to be released on personal recognizance (32%) than those who had less education. Defendants with a known history of drug abuse were released less frequently than those defendants with no known drug history. However, among all released defendants, drug abuse history does not appear to have had a major effect on the form of pretrial release. Detentions -- Males were nearly twice as likely as females to be detained. Of all detainees, 55% of the men and 41% of the women were detained following a detention hearing. Hispanics had a substantially higher probability of being detained as compared with non-Hispanics. However, among those detained, Hispanics and non-Hispanics had nearly equal chances of being detained following a detention hearing. Younger defendants were more likely than older ones to be detained, with the percentage peaking at defendants in their twenties. Sixty-nine percent of defendants between the ages of 21 and 30 years were detained compared to 64% of defendants between 16 and 18 years and 46% of those over 40. However, among all defendants detained, the chances of being detained following a detention hearing were similar across all age groups. These patterns were more dramatic with education levels. Those defendants with lower levels of education were more likely to be detained. Seventy-four percent of those who did not graduate from high school were detained versus 31% of college graduates. Of those detained, 54% of defendants without a high school diploma were detained following a detention hearing compared to 47% of college graduates. Not only were male defendants nearly twice as likely as female defendants to have a detention hearing (48% versus 27%), they were also more likely to be ordered detained as a result of the hearing. Blacks had a higher chance of having a detention hearing (50%) than those of other races (42% for whites, 47% for other). However, once a detention hearing was held, there were only slight differences amongst racial groups in the probability of being ordered detained. The likelihood of having a detention hearing increased with the number of prior convictions, severity of the defendant's criminal history, and current sentence of supervision. Further, 51% of those with a history of drug abuse had detention hearings as compared to 40% of those without such a past. Those with a known history of drug abuse were also more likely to be detained. Violations -- Released males were more likely than females to incur a violation during the pretrial release period (17% versus 13%) and were more likely to have their release revoked. Defendants with no prior criminal history were less likely to have a pretrial release violation than those with a prior conviction. Released defendants with a known drug history had more than 3 times the likelihood of incurring a violation than those with no known drug history. Also, those with a history of drug use were more likely to have their release revoked. Length of pretrial detention Among defendants detained for any time prior to case disposition, those charged with violent offenses were detained the longest (an average of 71.5 days) compared to drug defendants (59.8 days), public-order defendants (40.5 days), and property defendants (38.0 days). Of defendants released, those released on conditional means spent the greatest average number of days detained (44.6 days) compared to those released on personal recognizance (34.0 days), unsecured bond (31.1 days), and financial conditions (28.2 days). However, this trend changed across major offense categories. For public-order defendants, those released on personal recognizance spent the greatest average number of days detained (34.1 days) compared to unsecured bond (28.1 days), conditional release (27.7 days), and financial conditions (22.4 days). Of defendants not released, those detained following a detention hearing were detained longer, on average, than those held on financial conditions (112.7 days compared with 56.8 days). Chapter 3 Adjudication Federal criminal cases may result in conviction of the defendant following plea or trial, acquittal of the defendants after trial, or dismissal of the case. ***Footnote 1: Unless otherwise noted, data describe felony and misdemeanor cases in U.S. district courts and include Class A misdemeanors handled by U.S. magistrates. The data also include infrequent Class B misdemeanors that are handled by U.S. district court judges.*** Defendants in cases commenced During 1996, 65,480 defendants had criminal charges commenced against them in U.S. district courts, and 52,656 (80%) of those defendants were charged with felonies. The 21,677 felony drug defendants comprised one-third of all criminal defendants in cases commenced and 41% of all felony defendants. Felony property and public-order defendants comprised 22% and 20%, respectively, of all defendants in cases commenced. The number of misdemeanor cases commenced was 12,774 in 1996. Approximately 39% of all misdemeanors were charged with traffic violations during 1996. Defendants in cases terminated Cases were terminated against 61,434 defendants during 1996, 49,283 (80%) of whom were felony defendants. During 1996 the 20,305 felony drug defendants comprised 33% of all defendants and 41% of all felony defendants. Over 86% of all defendants were convicted, as were 89% of all felony defendants and 76% of misdemeanor defendants. For major felony offense categories, conviction rates ranged from 88% for drug offenses to 90% for property and public-order offenses. Within major offense categories, however, the conviction rates varied more widely. For example, within violent offenses, the conviction rate ranged from 77% for those charged with making threats against the President to 95% for those charged with sex offenses other than rape. Within the public-order category, the conviction rate ranged from 65% for civil rights violations to 91% for tax law violations and 96% for immigration offenses. Most (92%) defendants who were convicted pleaded guilty. For felony offenses, 91% pleaded guilty to their charges. For the major felony offense categories, guilty pleas were registered for 93% of property offenders, 92% of public-order offenders, 91% of drug offenders, and 88% of violent offenders. During 1996, 5,085 defendants exercised their right to a trial. A higher percentage of violent offenders went to trial than drug, public-order, and property offenders. Fourteen percent of violent offenders went to trial, as did 9% of drug and public-order offenders and 7% of property offenders. Of defendants who exercised their right to a trial, 4,104 (81%) were convicted either by a jury or bench trial. The felony trial conviction rate was 84%, while the misdemeanor conviction rate was 59%. Among felony offenses, trial conviction rates ranged from 80% for violent and property defendants to 87% for drug defendants. Public-order offenders fell in between, as 83% of them were convicted at trial. Case processing times The data in table 3.3 cover the interval from the time a case is filed in U.S. district court to sentencing for those convicted as well as the interval from case filing to disposition for those not convicted or those whose cases are dismissed. Title I of the Speedy Trial Act of 1974, as a- mended, sets time requirements for processing criminal cases in Federal courts. Except for certain exclusions, indictment must occur within 30 days of arrest; defendants are guaranteed at least 30 days to prepare for trial; and the Government must be ready for trial within 70 days. The Speedy Trial Act does not specify a time interval from trial to sentencing. ***Footnote 2: The Sentencing Reform Act of 1984 specifies minimum intervals for the disclosure and objections to the presentence report. See Rule 31, Federal Rules of Criminal Procedure.*** The time limits set by the Act exclude several enumerated periods of pretrial procedure such as time spent awaiting rulings on motions. ***Footnote 3: 18 U.S.C. Section 3161 et. seq.*** Additionally, defendants may seek continuances that result in case processing time in excess of the statutory limits without violating the provisions of the Speedy Trial Act. Overall, the average time for processing defendants was 8.7 months (figure 3.1). For felony defendants, the overall processing time average was 10 months; for those convicted of misdemeanor crimes, the average processing time was 3.6 months. Defendants who pleaded guilty were processed faster (7.9 months) on average than defendants who went to trial (11.9 months). Defendants whose cases were ultimately dismissed took longest to process (12.4 months), on average. Among major felony offense categories, case processing times were similar to the overall pattern, with two exceptions. For those convicted of violent offenses, those whose cases went to trial took longest to process. The same pattern applies to those convicted of property offenses. Convictions by U.S. magistrates During 1996 U.S. magistrates disposed of 11,173 misdemeanor criminal defendants, over 76% of whom were convicted. Those charged with traffic violations comprised 41% of the defendants disposed by U.S. magistrates, while misdemeanor property offenses comprised another 31% of U.S. magistrates' cases. Characteristics of convicted defendants Of defendants who were convicted, 84% were men, 65% were white, 30% were black, and 31% were Hispanic. Most were U.S. citizens (72%), had graduated high school or completed some higher education (60%), and had some criminal history (53%). Among defendants convicted there were over 5 times as many men as women (84% versus 16%); over twice as many whites as blacks (65% versus 30%); and over 2 times as many non-Hispanics as Hispanics (69% versus 31%). U.S. citizens comprised 72% of defendants; non citizens comprised 28%. Persons over age 30 represented 58% of defendants. Chapter 4 Sentencing Depending upon the type and severity of the offense, convicted offenders may be sentenced to incarceration, probation, a fine, or a combination of sanctions such as a split or mixed sentence (imprisonment as well as a period of probation supervision).1 The Federal sentencing guidelines require a term of supervised release following service of any prison sentence of more than 1 year. In addition, courts have the discretion to impose supervised release in any other case. Except where otherwise indicated, tables in this chapter are based on the most serious offense of conviction. They are not directly comparable with tables in earlier chapters that are based on the most serious offense investigated or most serious offense charged (see "Offense classifications" in Methodology, p. 91). Offenders convicted and sentences imposed (table 4.1) Of the 53,076 offenders sentenced during 1996, 36,373 (69%) were sentenced to prison; 12,644 (24%) were sentenced to probation; and 3,429 (7%) were ordered only to pay a fine.2 Of the 36,373 offenders sentenced to prison, 34,345 (94%) were convicted of felonies. Eighty percent of convicted felons were sentenced to prison. Felony drug and violent offenders were more likely to receive prison sentences (92% and 91%, respectively) than were either public-order or property offenders (79% and 59%, respectively). Among public-order offenders, persons convicted of civil rights (93%), escape (92%), and weapons offenses (91%) were as likely as violent and drug offenders to receive prison sentences. Among property offenders, persons convicted of arson (87%) and burglary offenses (85%) were almost as likely as violent and drug offenders to receive prison sentences. Overall, 24% of convicted offenders were sentenced to probation. The percentage of misdemeanant sentenced to probation (48%) was more than twice that of convicted felons (18%). Among felons, persons convicted of migratory birds (100%), postal laws (88%), communications (82%), and food and drug violations (72%) were the most likely to be given probation. While less than 1% of all convicted felons were ordered to only pay a fine, 46% of the felons convicted of antitrust violations were so ordered. Fines generally were reserved for misdemeanor offenders, 32% of whom received fines. Average prison sentences imposed (table 4.2) For all offenders given prison terms, the average term of imprisonment imposed was 61.2 months. Persons convicted of felonies received an average prison term of 64.2 months. The average length of prison sentence imposed varied among major offense categories. Property offenders received the shortest sentence, on average, while violent offenders received the longest (23.9 months compared to 92.5 months). Drug offenders received 84.5 months, on average, and public-order offenders received 50.8 months. The average prison term for public-order offenders was primarily attributable to the sentences imposed for weapons offenders. The 2,773 weapons offenders sentenced to prison comprised 30% of the 9,383 public-order offenders sent to prison; weapons offenders received an average prison term of 99.8 months, and public-order offenders other than weapons offenders received an average prison term of 30.3 months. Relationship between sentence imposed and mode of conviction (table 4.3) Offenders convicted by plea were less likely to receive prison than those convicted at trial. Sixty-seven percent of the offenders convicted by guilty plea received some prison, while 88% of the offenders convicted at trial received prison. For violent offenders, 91% of those convicted by plea received prison sentences, as did 94% of those convicted at trial. However, for fraudulent property offenders, 57% of those convicted by plea received prison compared to 88% of those convicted at trial. And, for regulatory offenders, 45% of those convicted by plea went to prison, compared with 70% of those convicted at trial. The average prison term imposed on defendants convicted at trial was longer than the term imposed on defendants convicted by plea. Defendants convicted at trial received 155.1 months, on average, while those convicted by plea received an average of 51.6 months. Drug offenders convicted at trial received an average of 197.5 months as compared to the 72.5 months for drug offenders convicted by a guilty plea. Violent offenders who went to trial received an average sentence of 206.5 months as compared to the 78.4 months for those convicted by plea. Characteristics of offenders sentenced to prison The majority of persons sentenced to prison during 1996 were male (89%), white (64%), non-Hispanic (57%), and U.S. citizens (69%). The percentage sentenced to prison was not uniform across all categories of age, race, sex, education, and ethnicity. Similarly, the average sentences imposed were not uniform across these categories. However, conclusions about the effect that characteristics may have had on sentencing cannot be drawn from the aggregate patterns in the data. Such an assessment would require detailed information for each category showing the presence or absence of factors that are legally intended to affect sentencing, such as offense severity, weapon use, role in the offense, victim injury, dollar loss, and so forth. One such study of the factors affecting sentencing found that "nearly all of the aggregate differences among sentences for whites, blacks, and Hispanics during 1989-90 can be attributed to characteristics of offenses and offenders that current law and sentencing guidelines establish as legitimate considerations in sentencing decisions." ***Footnote 3: Douglas C. McDonald and Kenneth E. Carlson, Sentencing in the Federal Courts: Does Race Matter?, Washington, DC. U.S. Department of Justice Bureau of Justice Statistics, December 1993 (NCJ-14328).*** Average sentences imposed were longest for males (65.3 months), blacks (91.1 months), non-Hispanics (69.6 months), and U.S. citizens (69.7 months). These longer terms are due in large part because these categories of offenders (males, blacks, non-Hispanics, and U.S. citizens) are more highly concentrated in the offense types that also are associated with longer average sentences. For example, incarceration rates for blacks exceed those of whites in the violent, drug, and nonregulatory public-order offense categories. These offenses are associated with longer average sentences than are property offenses or misdemeanors -- the categories in which whites' incarceration rates exceed those of blacks. In general, within categories of offender characteristics, average prison terms were longer for violent and drug offenses than for property and regulatory public-order offenses. These two offense categories generally are considered to be more serious under the Federal sentencing guidelines than are property and regulatory public-order offenses. As a result, for aggregate tables like the ones presented in this chapter, persons with a certain characteristic may appear to receive more severe sentences on average. The primary reason for the longer averages is the larger number of serious offenses that made up the average sentences Chapter 5 Appeals Prior to implementation of the Sentencing Reform Act of 1984, only criminal convictions could be appealed. However, the Sentencing Reform Act provided for the appellate review of sentences imposed given that the sentence was (1) imposed in violation of the law; (2) imposed as the result of an incorrect sentencing guideline application; (3) outside the recommended guideline sentencing range; or (4) imposed for an offense for which no sentencing guideline exists and is plainly unreasonable. Both the defendant and the Government have the right to appeal an imposed sentence. (18 U.S.C. & 3742). Appeals filed During 1996 the U.S. Court of Appeals received 10,889 criminal appeals. Of all appeals, 408 (4%) were filed by the Government. Forty-six percent of appeals filed in 1996 challenged both the conviction and the sentence imposed. Twice as many appeals challenged only the sentence imposed as those that challenged only the conviction (23% versus 11%). Only 14% of appeals filed were appeals of convictions for crimes committed before 1987, when the sentencing guidelines took effect. The type of appeal filed (sentence, conviction, or both) was relatively constant across the offense categories underlying the appeal. However, for immigration offenders, 29% of those convicted appealed only their sentences, compared to 22% for public-order offenses and 23% for all criminal categories. Nearly half of all appeals filed were for drug convictions (49%). Of these, 47% appealed both the sentence and the conviction. Public-order offenses were 24% of all appeals, and property offenses comprised 20% of all appeals. Violent offenders were only 7% of all appeals filed. Appeals terminated A total of 10,161 appeals terminated during 1996. Of these, 1,441 (14%) were appeals of convictions for offenses sentenced under laws in effect prior to the sentencing guidelines. Of the 8,720 guideline-based appeals, 4,536 (52%) were appeals of sentence and conviction, 2,568 (29%) were appeals of the sentence only, and 1,196 (14%) were appeals of the conviction only. In half of all appeals terminated in 1996 (for which offense is known), drug offense convictions underlay the appeal; for 23%, the underlying offense was a public-order offense; for 20%, the underlying offense was a property offense; and 7% were appeals for violent offense convictions. For 52% of public-order appeals, the underlying offense of conviction was for weapons. Robbery offenses composed 46% and murder composed 20% of the underlying offenses for appeals of a violent conviction. Of the 10,161 appeals terminated during 1996, 77% were terminated on the merits, while the remainder were terminated on procedural grounds. For appeals based on a conviction of a violent offense, 85% were terminated on the merits. Also terminated on the merits were 79% of appeals based on a public-order conviction, 78% of appeals based on a drug conviction, and 74% of appeals based on a property conviction. Having the highest rates of termination on the merits were appeals based on a forgery conviction (97%), rape conviction (92%), or kidnaping conviction (90%). In 79% of appeals terminated on the merits, the district court ruling was affirmed. In another 7% it was partially affirmed. Eighty-two percent of all violent offense appeals were affirmed, as were 80% of drug offense appeals. Property offense and public-order offense appeals were affirmed in 76% and 77% of cases, respectively. District court decisions were reversed or remanded back to the court in approximately 1 out of 10 cases (9%). Public-order offenses had the highest rate of reversal or being remanded back to the court (12.1%) including perjury, contempt, and intimidation (33.3%) and traffic (21.4%). Appeals were dismissed in 4% of cases. Chapter 6 Corrections Supervision During 1996, 37,307 offenders terminated active supervision of probation, parole or mandatory release, or a term of supervised release. Active supervision can terminate upon one of two events: (1) a temporary removal or (2) a permanent closure. A temporary removal to inactive status can occur because of a violation (usually absconding, a warrant for arrest, or failure to appear for a hearing) or for some other reason, such as long-term hospitalization. A permanent closure of supervision occurs in one of three ways: (1) the offender successfully completes the supervision term without violating conditions; (2) the offender is returned to prison following a violation of conditions or conviction for a new crime; or (3) the offender's supervision is closed for administrative reasons. The tables in this chapter classify termination of active supervision as "no violation" (a successful completion or a removal without violations), as technical violations or new crimes (removals with violations or returns to prison), or as administrative case closures. Violation of the conditions of supervision or arrest for a new offense can result in imposition of additional restrictions or in removal from active supervision. Removal from active supervision may entail incarceration of a probationer or reincarceration of an offender who was under parole or supervised release. Offenders who are removed from active supervision with violations, but who are not incarcerated, may have some other action taken against them, such as deportation, issuance of an arrest warrant, assignment to community corrections, or supervision by some other State or local authority. Probation outcomes During 1996, 17,433 offenders completed 1 or more terms of active probation. Overall, 84% of offenders successfully completed their term of probation, another 14% violated their conditions of probation, and the remaining 2% were administrative closures. Of those who violated their conditions of probation, 4% committed a new crime. Most committed technical violations, including drug use (3%) and absconding (2%). Offenders convicted of violent offenses were less likely than others to successfully complete a term of probation without a violation. During 1996, 26% of probationers convicted of violent offenses violated their conditions of probation, as did 13% of drug, 12% of property, and 8% of public-order offenders. During 1996 violent offenders were also more likely to commit new crimes (10%) than were probationers convicted of property (4%), drug (3%), and public-order (2%) offenses. Parole and supervised release outcomes Of the 19,874 offenders who completed their term of either parole or supervised release during 1996, 64% successfully completed parole or supervised release. During 1996, 11% of the offenders violated their probation supervision by committing a new crime; 22% committed technical violations, such as drug use (8%) and absconding (4%); and 3% completed their parole term through an administrative case closure. Offenders convicted of violent offenses were less likely than others to complete a term of parole or supervised release without a violation. Fifty-three percent of violent offenders violated conditions of parole or supervised release, while 32% of public-order, 31% of drug, and 30% of property offenders violated parole or supervised release. Violent offenders were more likely to commit new crimes (18%) than offenders convicted of public-order (12%), property (11%), or drug (11%) offenses. Entrants into supervision The rate of violating conditions of supervision was highest for parolees and lowest for probationers. After 12 months of supervision, 26% of parolees had violated conditions of release, compared to 9% of probationers. Overall, 12% of offenders entering supervision during 1996 had violated conditions of release within 12 months of their entry into supervision. Characteristics of offenders completing supervision (tables 6.2 and 6.4) Probation -- Among offenders who completed a term of probation, 74% were male; 70% were white and 91% were of non-Hispanic origin; 30% were less than age 31 (compared to 40% over age 40); 26% had less than a high school diploma (compared to 38% who had a high school diploma and 36% who had at least some college education); and 81% had no known drug history. Offender characteristics -- such as age, history of drug abuse, and education -- were associated with the probability of violating terms of supervision. Offenders ages 16 to 20 were more likely (28%) to violate conditions of supervision than probationers in other age groups -- 21% of those age 21 to 30 and 11% of those over age 30. Probationers with a history of drug abuse were 7 times more likely to violate probation for drug use than offenders who were not drug abusers. Probationers with known histories of drug abuse were also more likely to violate supervision for other reasons (fugitive status and new crimes) than were other probationers. Probationers with lower levels of education were more likely to violate the conditions of probation than those with higher levels of education. Those who did not graduate high school had a 19% violation rate, those who were high school graduates had a 15% violation rate, those with some college had a 11% violation rate, and those with a college degree had a 6% violation rate. Parole and supervised release -- Among those who completed a term of parole or supervised release, 87% were male; 68% were white; 85% were of non-Hispanic origin; 22% were less than age 31 (43% were over age 40); 40% had only some high school (34% had a high school diploma and 26% had at least some college); and 55% had no known drug history. Offender characteristics -- such as age, history of drug abuse, and education -- were associated with the probability of violating terms of supervised release and parole. Offenders ages 16 to 20 were more likely (67%) to violate conditions of supervision than offenders in other age groups -- 47% of those ages 21 to 30 and 29% of those over age 30. Releasees with a history of drug abuse were 5.5 times more likely to terminate their supervision for technical violations of drug use as were releasees who were not drug abusers. Releasees with known histories of drug abuse were also more likely to violate supervision with technical violations or new crimes. Releasees with lower levels of education were more likely to violate conditions of parole or supervised release than those with higher levels of education. Those who did not graduate from high school had a 40% violation rate, those who were high school graduates had a 32% violation rate, those with some college had a 27% violation rate, and those with a college degree had a 13% violation rate. Federal offenders under supervision As of the end of the fiscal year 1996, there were 88,189 offenders under active Federal supervision, of which most (87%) were felons. About 62% of these offenders were receiving one of two forms of post-incarceration supervision: supervised release (45,975) or parole (8,569). The remainder (33,645) were under probation supervision. Most of the probationer population had been convicted of either a property felony (40%) or some type of misdemeanor offense (32%). Over 50% of offenders under supervised release and 56% of parolees had been convicted of a drug offense. The distribution of offenders under supervision, in terms of supervision type, varied according to major offense category. Of the 5,036 offenders convicted of violent offenses, 49% received supervised release, 39% were on parole, and about 12% were on probation. Of the 27,208 property offenders, 49% received probation, 47% were on supervised release, and 4% were on parole. Of the 31,859 drug offenders under supervision, most (73%) were on supervised release, 15% were on parole, and 12% were on probation. Finally, of the 12,590 public-order offenders under supervision, 53% received a term of supervised release, 41% were under probation, and 6% were on parole supervision. Federal prisoners: First releases and time served (tables 6.7-6.10) During 1996, 30,251 prisoners were released from Federal prison for the first time after serving a sentence imposed by a U.S. district court.***Footnote 1: Tables 6.7-6.9 include only prisoners first released by the BOP during 1996.*** Of these, 28,073 were released by standard means. These standard releases served an average of 28.2 months in prison -- 92% of the sentence imposed, on average.***Footnote 2: Average time to first release is the number of months in Bureau of Prisons facilities minus credits for the time spent in jail prior to final disposition or sentencing. Percent of sentence served is the average percentage of each individual prisoner's percent of total sentence obligation served until first release.*** The remaining 2,178 first releases were released by extraordinary means: 852 were released early due to participation in a drug treatment program; 512 had their sentences commuted; 441 were deported; 210 died; and 163 were released for other reasons including escape and an intensive confinement program . Drug offenders make up the vast majority of those released by extraordinary means (77%). Time served until first release varied by offense: Violent offenders served an average of 54.3 months; drug offenders served an average of 40.3 months; public-order offenders served an average of 17.2 months; and public-order offenders served an average of fewer than 15.6 months. During 1996 the average time to first release for public-order offenders was influenced heavily by the relatively short time served by immigration offenders. On average, immigration offenders served 8.3 months until first release during 1996. This was less than half of the average time served for all public-order offenders (17.2). Exclusive of immigration offenders, public-order offenders served an average of 27.2 months until first release. Old law offenders -- those who committed crimes before the implementation of Federal Sentencing Guidelines in November 1987--that were released in 1996 served an average of 81 months in prison -- 58% of the sentence imposed, on average (tables 6.9 and 6.10). New law offenders released during 1996 served, on average, 26 months in prison (92% of the sentence imposed). Since the Federal Sentencing Guidelines became effective as November 1987, new law offenders sentenced to terms of imprisonment greater than 126 months could not have been released by standard means as of the end of 1996.***Footnote 3: The Federal Sentencing Guidelines allow a prisoner up to 54 days per year for good behavior, so a prisoner sentenced to 126 months in November 1987 could have served 107 months of his or her sentence and been released in 1996.*** They could have been released for extraordinary reasons such as death, commutation, or treaty transfer. ***Footnote 4: Prisoners released for extraordinary reasons have been excluded from all time served and percent of sentence served calculations.*** Admissions, releases, and standing population of Federal prisoners The Federal prison population grew by 4,676 persons during fiscal year 1996, increasing from 87,996 sentenced prisoners to 92,672. The greatest growth was among drug and public-order offenders, particularly immigration offenders. The number of drug offenders in prison grew by 2,604 during 1996. The number of immigration offenders increased by 1,151. In contrast, the number of weapons offenders grew at a slower rate in 1996, increasing by 265. Characteristics of Federal prisoners Prisoners released -- Of prisoners released during 1996, 88% were male, 74% were white, 24% were black, 34% were Hispanic, and 66% were U.S. citizens. Fifty-eight percent were 31 years of age or older. These patterns held across offenses and between old and new law offenders, except with non-regulatory public-order offenses. Of released offenders convicted of those offenses, 56% were Hispanic and 59% were not U.S. citizens. Time served to first release -- Of prisoners released by standard methods, males served more time than females, blacks served more time than whites, non-Hispanics served more time than Hispanics, older persons served more time than younger (until over age 40), and U.S. citizens served more time than noncitizens. However, among the offenses, the overall pattern does not always hold, except for males and females. For example, blacks served more time on average than whites, but among property offenders released from prison, whites served more time than blacks. Chapter notes 1) Tables 6.1-6.4 were created from the probation, parole, and supervision data files of the Federal Probations Supervision Information System (FPSIS), which is maintained by the AOUSC. Only records with one or more terminations of active supervision during October 1, 1995, through September 30, 1996, were selected. Each termination was counted separately. Technical violations and terminations for new crimes are shown only if supervision terminated with incarceration or removal from active supervision for reasons of a violation. Corporate defendants were excluded from tables 6.1-6.4. 2) Offenders were classified according to their most serious offense at conviction. In cases involving multiple offenses, the AOUSC offense severity hierarchy was applied. The most serious offense was the one with the most severe penalty imposed. If equal prison terms were imposed, or there was no imprisonment, the offense with the highest severity code, as deter-mined by the U.S. Title and Code Criminal Offense Citations Manual, was selected. 3) Table 6.5 was also created from FPSIS data files. Records with supervision opened or reinstated during fiscal year 1996 were selected and tracked for a period of 12 months, or, if the offender violated their supervision before the 12-month period concluded, until the time of the violation. This represents a departure from the 1993 and prior compendia, which only considered time that fell within the calendar year in which an offender began supervision. Therefore, direct comparisons between this Compendium and the 1993 and prior compendia are not valid. Corporate defendants were also excluded from table 6.5. 4) Table 6.6 was created using the FPSIS data files as well. Year end pending cases (that is, records with offenders who were under active supervision as of the end of the fiscal year, September 30, 1996) were selected. Corporate defendants were excluded from table 6.6. 5) Tables 6.7-6.13 were created from the Federal Bureau of Prisons (BOP) data files. Tables 6.7-6.10 and 6.12-6.13 include only prisoners committed by U.S. district courts or released by the BOP during fiscal year 1996. Table 6.11 also shows sentenced prisoners in the custody of the BOP at the end of fiscal year 1996. In these tables, a single person may be counted more than once if that person was committed into, or released from, the BOP more than one time during fiscal year 1996, or if that person appears in more than one column in a table, e.g., commitment and population. Offense categories in these tables were based on combinations of offense designations used by the BOP. They are similar, but may not be directly comparable, to the categories used in other tables of this Compendium. Offenses for some prisoners admitted or released were not able to be classified; these offenders were included in the totals and are shown as "other prisoners" on the last line of tables. In these tables, offenses were classified according to the offense associated with the longest single sentence actually imposed. Classifications in other tables may have been based on the longest potential sentence allowed by law. 6) Tables 6.7-6.13 distinguish between prisoners committed by U.S. district courts for violations of the U.S. Code and other prisoners. Prisoners released after commitment from U.S. district court are called "first releases." The other admissions and releases include offenders who returned to prison after their first release (such as probation, parole, or supervised release violators), offenders convicted in other courts (such as military or District of Columbia courts), and persons admitted to prison as material witnesses or for purposes of treatment, examination, or transfer to another authority. Offenders who entered or left a prison temporarily -- such as for transit to another location, for health care, or to serve a weekend sentence -- were not counted as admitted or released. Persons who were detained for deportation by the Immigration and Naturalization Service and who were not criminal offenders were also not included in the tables. Table 6.7 distinguishes between standard and extraordinary methods of release from prison. "Stan-dard" releases include the usual methods of exiting from prison, such as full-term sentence expirations, expirations with good time, mandatory releases, and releases to parole. Extraordinary releases are unusual exits from prison, such as death, commutation, and trans-fer to another facility. 7) Tables 6.7-6.10 and 6.12-6.13 include only prisoners committed by U.S. district courts and released by the BOP during fiscal year 1996. Prisoners committed by U.S. dis-trict court -- but not for a violation of the U.S. Code, or whose offense could not be classified -- were included in the total but are not shown separately. Table 6.11, however, shows these prisoners separately. Other prisoners-- such as probation and parole violators and prisoners committed by other courts, such as courts martial or District of Columbia Superior Court -- were excluded from tables 6.7-6.10 and 6.12-6.13, as were other persons admitted to Federal prison but not committed from a U.S. district court. 8) In tables 6.7-6.10 and 6.12-6.13, time served was calculated for prisoner's arrival into jurisdiction of the BOP until first release from prison, plus any jail time served and credited. The calculation is the same as that currently used by the BOP. Prisoners serving consecutive sentences may have total imposed sentences exceeding the longest single sentence length. Accordingly, time actually served may exceed the longest single imposed sentence. The percent of sentenced served (in tables 6.8, 6.9, and 6.10) is the average of each individual prisoner's percent of sentence served. Because other publications may include different groups of prisoners, calculate time served differently, or use a different offense classification, data in tables in this Compendium may differ from estimates of time served in previous publications by the BOP or in publications based on other data sources. Time served, as reported in tables 6.7-6.10 and 6.12-6.13 in this Compendium, may not be directly comparable to the calculation of time served in the 1993 and prior compendia. The methodology in this report uses additional informa-tion to identify prison commitment dates and account for jail credit. In previous reports, jail credits were overestimated in some cases. In addition, time served estimates reported in tables 6.8-6.10 and 6.13 include only prisoners released by standard methods (expirations, mandatory releases, and releases to parole). Prisoners released by extraordinary means (death, commutation, transfer, etc.) are excluded from the time served calculations in these tables. 9) Table 6.11 shows all persons admitted to, or released from, the jurisdiction of the BOP during fiscal year 1996. Prisoners counted in this column are the same as prisoners included in tables 6.8-6.10. Table 6.11 shows in separate colthe total, prisoners committed by a U.S. district court -- but not for a violation of the U.S. code, or whose offense could not be classified. Other columns in table 6.11 include prisoners who were committed by other courts, returned to prison for violation of the conditions of supervision, or were received for examination, treatment, or transfer to another jurisdiction. Offenders who returned to prison for a violation of the conditions of supervision without a new court commitment, were classified according to the offense with the longest single sentence originally imposed at conviction. Methodology The Federal justice database Source of data The source of data for all tables in this Compendium is the Bureau of Justice Statistics (BJS) Federal justice database. The database is presently constructed from source files provided by the Executive Office for U.S. Attorneys, the Administrative Office of the U.S. Courts, the United States Sentencing Commission, and the U.S. Bureau of Prisons. The Administrative Office of the U.S. Courts also maintains the data collected by the Pretrial Services Agency, the U.S. Court of Appeals, and the U.S. Probation Service. Federal law prohibits the use of these files for any purposes other than research or statistics. A description of the source agency data files is provided in the table at the end of this section. Some records in the Federal justice database are matched according to a statistically weighted combination of names, other personal identifiers, dates of court appearances, types of offenses, and other relevant information contained in the files. Using the matched data files, it is possible to combine information about two or more stages of the processing of a criminal matter or case, for example from adjudication to probation or parole supervision. Reporting period Wherever possible, matters or cases have been selected according to some event which occurred during fiscal year 1996 (October 1, 1995, through September 30, 1996). Some data files provided by source agencies are organized according to a calendar year time frame; these have been combined and divided into fiscal years for purposes of the Compendium. Files which are organized by their source agencies according to fiscal year nonetheless include some pertinent records in later years' files. For example, tabulations of suspects in matters concluded during fiscal year 1996 in this Compendium have been assembled from source files containing records of 1996 matters concluded which were entered into the data system during fiscal years 1996 or 1997. Availability of data items The availability of particular items of information is affected by the data source. For example, data on prosecutors' decisions prior to court filing are provided for cases investigated by U.S. attorneys but not for those handled by other litigating divisions of the U.S. Department of Justice. Criminal Division cases enter the data base once they are filed in U.S. district court, however. Many items of social and demographic information come from presentence investigation records, supervision records, or sentencing records, and are available only for arrested defendants who were convicted and/or began serving a sentence involving supervised release. This particularly affects sex, race, ethnicity, and prior record information. Table construction and interpretation The tables presented report events that occurred during the Federal fiscal year -- October 1, 1995 - September 30, 1996. Generally, the tables include both individual and organizational defendants. Organizational defendants are not included in tables describing pretrial release and detention or tables showing defendants sentenced to incarceration. Juvenile offenders are included in the reported statistics. Unit of analysis The unit of analysis in chapters 1 through 5 is a combination of a person (or corporation) and a matter or case. For example, if a single person is involved in three different criminal cases during the time period specified in the table, he or she is counted three times in the tabulation. Similarly, if a single criminal case involves a corporate defendant and four individual defendants, it counts five times in the tabulation. In chapter 6, the unit of analysis for incarceration, probation, parole, or other supervised release is a person entering custody or supervision, or a person leaving custody or supervision. For example, a person convicted in two concurrent cases and committed once to the custody of the Federal Bureau of Prisons in the indicated time period is counted as one admission to a term of incarceration. A person who terminates probation twice in the indicated time period, such as with a violation and again after reinstatement, is counted as two terminations of probation. Interpretation The tables in the Compendium are constructed to permit the user to make valid comparisons of numbers within each table and to compare percentage rates across tables. The total numbers of subjects in Compendium tables that are based on records linked between two files are generally less than the total number of records in either source file. Accordingly, comparisons of absolute numbers across two or more tables in this volume and other data sources are not necessarily valid. Offense classifications Procedure The offense classification procedure used in this Compendium is based on the classification system followed by the Administrative Office of the U.S. Courts. Specific offenses combined to form the BJS categories shown in the Compendium tables.* For data from the Executive Office for U.S. Attorneys, which include United States Code citations but do not include the Administrative Office offense classifications, United States Code titles and sections are translated into the Administrative Office classification system and then aggregated into the offense categories used in the tables. Offense categories for prisoners in chapter 6 are based on combinations of offense designations used by the Bureau of Prisons. They are similar to the categories in other chapters and other tables in chapter 6, but may not be directly comparable. Felony/misdemeanor distinctions Felony and misdemeanor distinctions are provided where possible. Felony offenses are those with a maximum penalty of more than 1 year in prison. Misdemeanor offenses are those with a maximum penalty of 1 year or less. Felonies and misdemeanors are further classified using the maximum term of imprisonment authorized. Section 3559, U.S. Code, Title 18 classifies offenses according to the following schedule: Felonies Class A felony -- life imprisonment, or if the maximum penalty is death. Class B felony -- 25 years or more. Class C felony -- less than 25 years but more than 10 years. Class D felony -- less than 10 years but more than 5 years. Class E felony -- less than 5 years but more than 1 year. Misdemeanors Class A misdemeanor -- 1 year or less but more than 1 month. Class B misdemeanor -- 6 months or less but more than 30 days. Class C misdemeanor -- 30 days or less but more than 5 days. Infraction -- 5 days or less, or if no imprisonment is authorized. In this Compendium, felony and misdemeanor distinctions are provided where the data permit these distinctions. Chapter 1 does not use this distinction because many suspects cannot be so classified at the investigation stage in the criminal justice process. Chapter 2 no longer reports this distinction because the Pretrial Services Agency no longer gathers this information. Chapters 3 and 4 distinguish between felony and misdemeanor offenses, as do tables 6.1-6.6. Tables 6.7-6.11 follow the convention of other BJS publications by separately tabulating offenders whose actual imposed sentences are less than or equal to 1 year and those whose actual sentences are greater than 1 year. Most serious offense selection Where more than one offense is charged or adjudicated, the most serious offense (the one that may or did result in the most severe sentence) is used to classify offenses. The offense description may change as the criminal justice process proceeds. Tables indicate whether investigated, charged or adjudicated offenses are used. In chapter 1, the most serious offense is based on the criminal lead charge as determined by the assistant U.S. attorney responsible for the criminal proceeding. In chapter 2, the major charged offense is based upon the Administrative Office's offense severity classification system, as determined by the pretrial officer responsible for the case. To select this offense, the officer ranks offenses according to severity based on maximum imprisonment, type of crime, and maximum fines. In chapter 3, the most serious offense charged is the one that has the most severe potential sentence. For chapter 4, conviction offenses are based on statutory maximum penalties. In chapter 5, offenses are classified by the offense of conviction. In tables 6.1-6.6, the most serious offense of conviction is either the one having the longest sentence imposed or, if equal sentences were imposed or there was no imprisonment, it was the offense carrying the highest severity code as determined by the Administrative Office's offense severity code ranking. In tables 6.7-6.13, prisoners are classified according to the offense which bears the longest single incarceration sentence. Offense categories For offense categories in all text tables, the following conditions apply: "Murder -- includes nonnegligent manslaughter. "Other sex offenses" may include some nonviolent offenses. "Fraud -- excludes tax fraud. "Larceny -- excludes transportation of stolen property. "Other property felonies -- excludes fraudulent property offenses, and includes destruction of property and trespass. "Tax law violations -- includes tax fraud. "Obscene material -- denotes the mail or transport thereof. "All other felonies -- includes felonies with unknown or unclassifiable offense type. "Misdemeanors -- includes misdemeanors, petty offenses, and unknown offense levels. "Drug possession -- also includes other drug misdemeanors. Figure S.2. Figure S.2. uses data from the Executive Office for U.S. Attorneys to provide an overview of case processing in the Federal criminal justice system. The figure uses data from two separate cohorts of persons involved in criminal proceedings. The data on suspects in criminal matters concluded and defendants prosecuted come from the cohort of suspects in matters concluded during October 1, 1995, through September 30, 1996. (The filing of charges in a criminal case is one conclusion of a matter; the other is the declination of the matter for prosecution.) For the other three outcomes in figure S.2. -- offenders convicted, sentenced to prison, or given a term of probation -- the data come from the cohort of defendants in cases terminating during fiscal year 1996 in U.S. district courts (by either a judge or a magistrate). A total of 98,454 suspects were investigated in matters concluded by U.S. attorneys during 1996. Sixty-seven percent of these suspects were prosecuted in U.S. district court, either before U.S. district court judges (56,938/98,454 = 57.8%) or before U.S. magistrates (8,684/98,454 = 8.8%). The conviction data in figure S.2. refer to defendants in cases terminated in U.S. district court during 1996, whether before U.S. district court judges or U.S. magistrates. Fifty-four percent of the defendants in cases terminating during 1996 were convicted (53,076/98,454). Of the defendants investigated, 37% (36,373/98,454) were reported as sentenced to a term of imprisonment, and 13% (12,644/98,454) were sentenced to a term of probation without imprisonment. These figures are based on all charges, whether they eventually were felony or misdemeanor offenses. Glossary Acquittal -- legal judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt of the charges against him. Affirmed -- in the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Agriculture violations -- violations of the Federal statutes on agriculture and conservation: for example, violations of the Agricultural Acts, Insecticide Act, and the Packers and Stockyards Act, 1921; also violations of laws concerning plant quarantine and the handling of animals pertaining to research (7 U.S.C., except sections on food stamps (fraud); also 16 U.S.C. sections relating generally to violations in operating public parks, such as trespassing for hunting, shooting, and fishing). Antitrust violations -- offenses relating to Federal antitrust statutes, which aim to protect trade and commerce from unlawful restraints, price fixing, monopolies (for example, 15 U.S.C. && 1, 3, 8, 20, and 70(i)), and discrimination in pricing or in furnishing services or facilities (15 U.S.C. && 13(c) and 13(e)). Appeal -- a review by a higher court of a judgment or decision of a lower court. Appeals, U.S. Court of -- an intermediate Federal court, inferior to the U.S. Supreme Court, but higher than the U.S. district court. The function of the U.S. court of appeals is to review the final decisions of the district courts, if challenged. There are 13 courts of appeal in the Federal system representing the 12 judicial circuits and the Federal circuit (28 U.S.C. & 41). Appellant -- the party which takes an appeal from 1 court or jurisdiction to another; opposite of appellee. Appellee -- the party against whom the appeal is taken; opposite of appellant. Arson -- willfully or maliciously setting, or attempting to set, fire to any property within the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. & 7 (18 U.S.C. & 81; and 49A U.S.C. && 1804 and 1809). (See also, "Explosives.") Assault -- intentionally inflicting or attempting or threatening to inflict bodily injury to another person. Applies to anyone within the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. & 7, or to any Government official, foreign official, official guest, internationally protected person, or any officer or employee of the United States designated in 18 U.S.C. & 1114 (for example, 16 U.S.C. && 1857(e) and 1859; 18 U.S.C. && 111(a), 112(b), 113(c)(e), 114, 115(c), 351(d)(e), 372, 373, 1502, 1751(c), 1959, 2118(c), and 2231(a); 21 U.S.C. && 461(c), 675(b), and 1041(c); 26 U.S.C. && 7212(a)(b); 29 U.S.C. & 1141; 46 U.S.C. & 701; and 49A U.S.C. & 1472(k)); also certain violations of the Fair Housing Act of 1968 (42 U.S.C. && 3610 and 3631). Bail -- the sum of money promised as a condition of release, to be paid if a released defendant defaults (18 U.S.C. & 3142(c)). Bribery -- offering or promising anything of value with intent to unlawfully influence a public official in the discharge of official duties. Applies generally to bank employees, officers or employees of the U.S. Government, witnesses, or any common carrier. Includes soliciting or receiving anything of value in consideration of aiding a person to obtain employment in the U.S. Government. Also, receiving or soliciting any remuneration, directly or indirectly, in cash or any kind in return for purchasing, ordering, leasing, or recommending to purchase any good, service, or facility (18 U.S.C. && 201(a), 203(a)(b), 204, 207(a)(c), 208, 210, 211, 213, 215, and 663; 21 U.S.C. & 622; 46 U.S.C. & 239(i); and 49 U.S.C. && 104, 917(b), and 11904(b)). Burglary -- breaking and entering into another's property with intent to steal within the special maritime and territorial jurisdiction of the United States, as defined in 18 U.S.C. 7. Includes breaking and entering into any official bank, credit union, savings and loan institution, post office, vessel or steamboat assigned to the use of mail service, or personal property of the United States; or breaking the seal or lock of any carrier facility containing interstate or foreign shipments of freight or express (18 U.S.C. && 2111, 2113(a), and 2115-17). Career offender -- defendants are counted as career offenders if they are at least 18 years old at the time of the instant offense, if the instant offense of conviction is a felony--that is either a crime of violence or a drug crime; and if they have at least two prior felony convictions of either a crime of violence or a drug crime. Case -- in this Compendium, a judicial proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed; any proceeding judicial in its nature. Collateral bond -- an agreement made by a defendant as a condition of his or her pretrial release that requires the defendant to post property valued at the full bail amount as an assurance of his or her intention to appear at trial. Community confinement -- a form of commitment either as a substitute for Federal imprisonment or as a condition of probation in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility; and participation in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during non-residential hours. Under the Federal sentencing guidelines, community confinement may be a substitute for imprisonment on a day-to-day basis for defendants with a guideline maximum of less than 16 months of imprisonment (see also, U.S.S.G. & 5C1.1(e)). Complaint -- a written statement of the essential facts constituting the offense charged, with an offer to prove the fact, so that a prosecution may be instituted. The complaint can be "taken out" by the victim, the police officer, the district attorney, or other interested party. Concurrent sentence -- a sentence imposed which is to be served at the same time as another sentence imposed earlier or during the same proceeding (18 U.S.C. & 3584). (See also, "Consecutive sentence.") Conditional release -- in this Compendium, at the pretrial stage, a conditional release is release from detention contingent on any combination of restrictions that are deemed necessary to guarantee the defendant's appearance at trial or the safety of the community (see text in Chapter 2 of this Compendium.) Consecutive sentence -- a sentence imposed that will follow another sentence imposed earlier or during the same proceeding; opposite of concurrent sentence. Conspiracy -- an agreement by two or more persons to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not in itself unlawful; also any overt act in furtherance of the agreement. A person charged with conspiracy is classified under the substantive offense alleged. Continuing criminal enterprise -- a felony committed as part of a continuing series of violations, which is undertaken by a person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources (21 U.S.C. & 848(c)). Conviction -- the result of a criminal trial which ends in a judgment that the defendant is guilty. The final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere, but does not include a final judgment which has been expunged by pardon, reversed, set aside, or otherwise rendered invalid. Corporate surety -- in this Compendium, a surety; one who has entered into a bond to give surety for another; for example, bail bondsman. As a condition of his or her release, the defendant enters into an agreement that requires a third party such as a bail bondsman to promise to pay the full bail amount in the event that the defendant fails to appear. (See also, "Surety bond.") Counterfeiting -- falsely making, forging, or altering obligations with a view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine. Applies to obligation or security of the United States, foreign obligation or security, coin or bar stamped at any mint in the United States, money order issued by the Postal Service, domestic or foreign stamp, or seal of any department or agency of the United States. Includes passing, selling, attempting to pass or sell, or bringing into the United States any of the above falsely made articles. Also, making, selling, or possessing any plates or stones (or any other thing or instrument) used for printing counterfeit obligations or securities of the United States, foreign obligations or securities, Government transportation requests, or postal stamp; or knowingly and intentionally trafficking in falsified labels affixed to phonorecords, motion pictures, or audio visual works (for example, 18 U.S.C. && 471, 473, 477, 479, 481, 485, 487, 501, 507, 509, 513(b), 2318, and 2320). Courts -- See "Appeals, U.S. Court of" and "District court, U.S." Pursuant to Article III of the Constitution, judicial power is vested in the following Federal Courts: The U.S. Supreme Court, the U.S. Court of Appeals for the District of Columbia, and the U.S. district court for the District of Columbia. Criminal career -- the longitudinal sequence of crimes committed by an individual offender. Criminal history category -- under the Federal sentencing guidelines, a quantification of the defendant's prior criminal record and the defendant's propensity to recidivate. Guideline criminal history categories range from Category I (primarily first-time offenders) to Category VI (career criminals). Deadly or dangerous weapon -- an instrument capable of inflicting death or serious bodily injury. Declination -- the decision by a prosecutor not to file a case in a matter received for investigation. In this Compendium, immediate declinations (i.e., where less than 1 hour of time is spent on a case) are excluded. Defendant -- the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case. Departure -- under the Federal sentencing guidelines, the term used to describe a sentence imposed outside the applicable guideline sentencing range. A court may depart when it finds an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described (18 U.S.C. & 3553(b); U.S.S.G. & 5K2.0). (See also, "Substantial assistance.") Deposit bond -- an agreement made by a defendant as a condition of his or her release that requires the defendant to post a fraction of the bail before he or she is released. Detention -- the legally authorized confinement of persons after arrest, whether before or during prosecution. Only those persons held 2 or more days are classified as detained in this Compendium. Dismissal -- termination of a case before trial or other final judgment (including nolle prosequi and deferred prosecution). Disposition -- the decision made on a case brought before a criminal court. Distribution -- delivery (other than by administering or dispensing) of a controlled substance (21 U.S.C. & 802(6)). The term "controlled substance" means any drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of subchapter I of Chapter 13 (title 21). The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. District court, U.S. -- trial courts with general Federal jurisdiction over cases involving Federal laws or offenses and actions between citizens of different States. District of Columbia -- the jurisdiction of the U.S. district court for the District of Columbia. This Compendium includes Federal offenses prosecuted in U.S. district courts, and except for tables based on data from the Bureau of Prisons, excludes violations of the District of Columbia Code and cases prosecuted in the District of Columbia Superior Court. Drug offenses -- offenses under a Federal or State laws prohibiting the manufacture, import, export, distribution, or dispensing of a controlled substance (or counterfeit substance), or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense. Also using any communication facilities which causes or facilitates a felony under title 21, or furnishing of fraudulent or false information concerning prescriptions as well as any other unspecified drug-related offense. (See also, "Distribution," "Possession," and "Trafficking.") Embezzlement -- the fraudulent appropriation of property by a person to whom such property has been lawfully entrusted. Includes offenses committed by bank officers or employees; officers or employees of the Postal Service; officers of lending, credit, or insurance institutions; any officer or employee of a corporation or association engaged in commerce as a common carrier; court officers of the U.S. courts; or officers or employees of the United States. Also, stealing from employment and training funds, programs receiving Federal funds, and Indian tribal organizations; or selling, conveying, or disposing of any money, property, records, or thing of value to the United States or any department thereof without authority (for example, 15 U.S.C. & 645(c); 18 U.S.C. && 153, 334, 642-57, 665(a)(b), 666(b), 1163, 1709, 1711, 1956, and 1957; 25 U.S.C. & 450(d); 29 U.S.C. & 502(b); and 42 U.S.C. && 1760, 2971, and 3220(b)). Escape -- departing or attempting to depart from the custody of a correctional institution; a judicial, correctional, or law enforcement officer; or a hospital where one is committed for drug abuse and drug dependency problems. Knowingly advising, aiding, assisting, or procuring the escape or attempted escape of any person from a correctional facility, an officer, or the above-mentioned hospital as well as concealing an escapee. Providing or attempting to provide to an inmate in prison a prohibited object; or making, possessing, obtaining, or attempting to make or obtain a prohibited object (as defined in 18 U.S.C. & 1791(d)(1)(A)). Instigating, assisting, attempting to cause, or causing any mutiny or riot at any Federal penal, detention, or correctional facility, or conveying into any of these institutions any dangerous instrumentalities (for example, 18 U.S.C. && 751(a)(b), 752(a), 753, 755-56, 1071, 1073, 1791(a)(c), (d)(1)(A), 1792, 3146(a)(b)(d), 3147 and 3615; 28 U.S.C. & 1826; 42 U.S.C. && 261 and 3425; and 50 U.S.C & 823). Explosives -- violations of Federal law involving importation, manufacture, distribution, and storage of explosive material. Includes unlawful receipt, possession or transportation of explosives without a license (18 U.S.C. & 842(a)), where prohibited by law (18 U.S.C. & 842(c), or using explosives during commission of a felony (18 U.S.C. & 844(h)). Also includes violations relating to dealing in stolen explosives (18 U.S.C. & 842(h)), using mail or other form of communication to threaten an individual with explosives (18 U.S.C. & 844(e), and possessing explosive materials at an airport (18 U.S.C. & 844(g), and 49A U.S.C. && 1804 and 1809). (See also, "Arson" and 18 U.S.C. && 842(e)(g)(i)(k); and & 844(b).) Failure to appear -- willful absence from any court appointment. Felony -- a criminal offense punishable by death or imprisonment for a term exceeding 1 year. According to 18 U.S.C. & 3559, felonies are classified into 5 grades based on maximum terms of imprisonment: Class A felony, if the maximum term is life imprisonment, or if the maximum penalty is death; Class B, if 25 years or more; Class C, if less than 25 years, but 10 years or more; Class D, if less than 10 years, but five or more years; and Class E, if less than 5 years, but more than 1. Filing -- the initiation of a criminal case in U.S. district court by formal submission to the court of a charging document alleging that one or more named persons have committed one or more specified offenses. In this Compendium, each defendant in a case is counted separately, and only the most serious alleged offense is considered. Financial conditions -- monetary conditions upon which release of a defendant before trial is contingent. Includes deposit bond, surety bond, and collateral bond. (See also, "Specific definitions.") First release -- in this Compendium, prisoners who are released from the Bureau of Prisons for the first time after their commitment by a U.S. district court (i.e., excludes offenders who are returned to prison after their first release, such as probation, parole, etc.). Food and drug violations -- violations of the Federal Food, Drug, and Cosmetic Act such as regulations for clean and sanitary movement of animals (21 U.S.C. & 134(b)), adulteration or misbranding of any food or drug (21 U.S.C. & 331(a)), failure to transmit information about prescription drugs (21 U.S.C. & 331(o)), and intent to defraud and distribute adulterated material (21 U.S.C. & 676). (See also, 18 U.S.C. & 1365(b); 21 U.S.C. && 17, 22, 63, 115, 122, 126, 134(d), 142, 144, 151, 153, 155, 158, 201, 205, 209, 210, 212, 331(b)-(g), 331(i)-(n)(p)(t), 333(a), 458(a), 459, 460(a)-(d), 461(a), 463, 466, 610(a)(c), 611(a), 620, 642, 1037, 1041(a), and 1175.) Forgery -- falsely making or materially altering a document with the intent to defraud. Includes such falsification with intent to pass off as genuine any of the following: U.S. Postal Service money order; postmarking stamp or impression; obligation or security of the United States; foreign obligation, security, or bank note; contractors' bond, bid, or public record; deed; power of attorney; letters patent; seal of a court or any department or agency of the U.S. Government; the signature of a judge or court officer; ships' papers; documents on entry of vessels; customs matters; coin or bar; and so forth. Also includes making, possessing, selling, or printing plates or stones for counterfeiting obligations or securities, and detaching, altering, or defacing any official, device, mark or certificate (for example, 18 U.S.C. && 483, 493, 495, 497, 503, 505, 510(a)(b), and 511; 19 U.S.C. & 1436; and 21 U.S.C. && 458(b)(c)). Fraud -- unlawfully depriving a person of his or her property or legal rights through intentional misrepresentation of fact or deceit other than forgery or counterfeiting. Includes violations of statutes pertaining to lending and credit institutions, the Postal Service, interstate wire, radio, television, computer, credit card, veterans benefits, allotments, bankruptcy, marketing agreements, commodity credit, the Securities and Exchange Commission, railroad retirement, unemployment, Social Security, food stamp, false personation, citizenship, passports, conspiracy, and claims and statements, excluding tax fraud. The category excludes fraud involving tax violations that are shown in a separate category under "Public-order, other offenses." (See also, specific offenses in this glossary for citations.) Fraudulent property offenses -- see "Property offenses, fraudulent." Gambling -- the Federal offense of transporting, manufacturing, selling, possessing, or using any gambling device in the District of Columbia or any possession of the United States or within Indian country or the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. & 7. Includes transporting gambling devices in the jurisdiction of the United States (except under authority of the Federal Trade Commission or any State that has a law providing for their exemption from these provisions), transmitting wagering information in interstate or foreign commerce, interstate transporting of wagering paraphernalia, importing or transporting lottery tickets, or mailing lottery tickets or related matter (for example, 15 U.S.C. && 1173 and 1175; and 18 U.S.C. && 1082(a), 1084, 1302, 1956, and 1962). Good-time -- time credited toward early release to an offender for good behavior in imprisonment. Under the 1984 Sentencing Reform Act, two classes of prisoners are ineligible to receive good-time credits: (1) misdemeanants serving a term of imprisonment of 1 year or less; and (2) felons serving life sentences. All other Federal prisoners receive a flat allocation of 54 days per year of sentence served; credit for a partial year remaining at the end of the sentence is prorated. The annual allotment does not change according to the length of time a Federal inmate already has spent in prison (18 U.S.C. & 3624(b)). Guideline sentencing range -- under the Federal sentencing guidelines, the range of imprisonment corresponding to the applicable guideline offense level and criminal history category. The guideline offense level incorporates any minimum terms of imprisonment required by statute as well as the statutory maximum term of imprisonment, where applicable. Guilty plea -- a plea in response to formal charges admitting that the defendant committed offenses as charged. In this Compendium, this category also includes pleas of nolo contendere. Hispanic -- ethnic category based on classification by reporting agency. Hispanic persons may be of any race. Home detention -- a form of confinement and supervision either as a substitute for imprisonment or as a condition of probation that restricts the defendant to his place of residence continuously (except for authorized absences) and enforced by appropriate means of surveillance by the probation office. Under the Federal sentencing guidelines, home detention may be a substitute for imprisonment on a day to day basis for defendants with a guideline maximum sentence of less than 16 months imprisonment. (See also, U.S.S.G. & 5C1.1.) Homicide -- see "Murder." Immigration offenses -- offenses involving illegal entrance into the United States, illegally reentering after being deported, willfully failing to deport when so ordered, willfully remaining beyond days allowed on conditional permit, or falsely representing oneself to be a citizen of the United States. Includes violations relating to provisions for special agricultural workers and to those relating to limitations on immigrant status (such as employment). Also includes bringing in or harboring any aliens not duly admitted by an immigration officer (for example, 8 U.S.C. && 1160, 1252(d), 1255, 1282(a), 1286, 1324-25, and 1326(a)). Incarceration -- any sentence of confinement, including prison, jail, and other residential placements. Indeterminate sentence -- a prison sentence whose maximum or minimum term is not specifically established at the time of sentencing (18 U.S.C. && 4205(b)(1)(2)). Indictment -- the formal charging of the defendant with a particular crime by a grand jury. In the Federal system, a defendant may waive indictment and be proceeded against through an information. (See also, Fed. R. Crim. P. 7(b).) Information -- the formal accusation charging the defendant with a particular crime but brought by the U.S. Attorney rather than by the grand jury. Infraction -- an offense for which the maximum term of imprisonment is 5 days or less, or where no imprisonment is authorized, according to 18 U.S.C. ' 3559. Instant offense -- the offense of conviction, and all relevant conduct under U.S.S.G & 1B1.3. Intermittent confinement -- a form of commitment, in a prison or jail, either as a substitute for imprisonment or as a condition of probation. Under the Federal sentencing guidelines, intermittent confinement may be a substitute for imprisonment (each 24 hours of intermittent confinement is credited as 1 day of incarceration) for defendants with a guideline maximum of less than 16 months imprisonment. (See also, U.S.S.G. & 5C1.1.) Jurisdictional offenses -- acts that are Federal crimes because of the place in which they occur (such as on an aircraft, on Federal land or property) and for certain crimes on Indian reservations or at sea, but which cannot be classified in a more specific substantive category. Juvenile -- a person who has not attained the age of 18 years; or for the purposes of a juvenile delinquency hearing, a person who has not attained the age of 21 years (18 U.S.C. & 5031). Juvenile delinquency -- a violation of Federal law committed by a person prior to the age of 18 years which would have been a crime if committed by an adult (18 U.S.C. & 5031). Kidnaping -- unlawfully seizing any person as defined in 18 U.S.C. & 1201 for ransom or reward, except in the case of a minor by a parent. Includes receiving, possessing, or disposing of any money or other property that has been delivered as ransom or reward in connection with a kidnaping as well as conspiring to kidnap. Also, includes kidnaping or attempting to kidnap any Government official, the President of the United States, the President-elect, the Vice President, any foreign official, any official guest, or any internationally protected person. (See also, 18 U.S.C. & 351(b); and hostage taking as defined in 18 U.S.C. & 1203.) Labor law violations -- violations of, for example, the Fair Labor Standards Act of 1938 and the Taft-Hartley Act, which govern a broad spectrum of activities relating to labor-management relations (for example, 29 U.S.C. && 186(a), 461(a), 463, 1021(b), 1022, 1023(b)(d), 1024(a)(c), 1027, 1111(a)(b), 1112(c), 1811, 1816, 1821 and 1851). Larceny -- the act of taking and carrying away any personal property of another with intent to steal or convert it to one's own use or gain. Includes stealing, possessing or illegally selling or disposing of anything of value to the United States or any of its departments or agencies; or stealing from a bank, the Postal Service, or any interstate or foreign shipments by carrier. Also encompasses receiving or possessing stolen property or pirate property; and stealing or obtaining by fraud any funds, assets, or that belong to, or are entrusted to, the custody of an Indian tribal organization (for example, 18 U.S.C. && 641, 659, 661-62, 667, 1168(a), 1704, 1707, and 2113(b)). (This offense category excludes the transportation of stolen property.) Liquor violations -- violations of Internal Revenue Service laws on liquor, as well as violations of liquor laws not cited under these laws, such as dispensing or unlawfully possessing intoxicants in Indian country; transporting intoxicating liquors into any State, territory, district, or possession where sale is prohibited; shipping packages containing unmarked and unlabeled intoxicants; shipping liquor by C.O.D.; knowingly delivering a liquor shipment to someone other than to whom it has been consigned; and violating in any way the Federal Alcohol Administration Act (for example, 18 U.S.C. && 1154, 1156, 1263 and 1265; 26 U.S.C. && 5113, 5171(c), 5179, 5214, 5222, 5291, 5301(b), 5601, 5603(a), 5604, 5606, 5608(a), 5661(a), 5662, 5672, 5681(a)(c), 5683, 5685(b) and 5687; and 27 U.S.C. && 203, 205(f), 206(b) and 208(a)). Magistrates (U.S.) (Federal) -- judicial officers appointed by judges of Federal district courts having many but not all of the powers of a judge. Magistrates are designated to hear a wide variety of motions and other pretrial matters in both criminal and civil cases. With consent of the parties, they may conduct civil or misdemeanor criminal trials. Magistrates, however, may not preside over felony trials or over jury selection in felony cases. Mailing or transportation of obscene materials -- a violation of Federal law relating to knowingly using the mail for mailing obscene or crime-inciting matter, as defined in 18 U.S.C. & 1461 and 39 U.S.C. & 3001(e). Also includes transporting for sale or distribution, importing, or transporting any obscene matter in interstate or foreign commerce. (See also, 18 U.S.C. && 1462-63.) Major offense (while on conditional release) -- allegation, arrest, or conviction of a crime for which the minimum sentence is incarceration for over 90 days or greater than 1 year on probation. (See also, PACTS Statistical Reporting Guide, Version 1.0, Administrative Office of the U.S. Courts.) Mandatory sentences -- a sentence that includes a minimum term of imprisonment that the sentencing court is statutorily required to impose barring the government's motion of substantial assistance. See, for example, 18 U.S.C. && 841 and 960, which provide for mandatory sentences ranging from 5 years imprisonment to life imprisonment depending on the quantity of drugs involved. Mandatory sentencing enhancement -- a form of mandatory sentence in which the minimum term of imprisonment is to be imposed consecutive to any other term of imprisonment imposed. See, for example, 18 U.S.C. & 924(c), which provides for a 5-year to lifetime enhancement for the use of a firearm during the commission of a crime; 18 U.S.C. & 844(h), which provides for a 5-year enhancement for use of firearms or explosives during the commission of a crime; and 18 U.S.C. & 929 which provides for a 5-year enhancement for the use of armor-piercing ammunition during the commission of a crime. Mandatory release -- the release of an inmate from prison after confinement for a time period equal to his or her full sentence minus statutory good-time, if any. Federal prisoners released on mandatory release may still be subject to a period of post-release community supervision. Matter -- in this Compendium, a potential case under review by a U.S. attorney on which more than 1 hour is expended. Matters concluded -- in this Compendium, matters about which a final decision has been reached by a U.S. attorney. Specifically includes matters filed as cases, matters declined after investigation, matters referred for disposition by U.S. magistrates, and matters otherwise terminated without reaching court. Migratory birds offenses -- violations of acts relating to birds which move from one place to another in season. Includes taking, killing, or possessing migratory birds, or any part, nest, or egg thereof, in violation of Federal regulations or the transportation laws of the State, territory, or district from which the bird was taken. Also, misuse or non-use of a migratory-bird hunting and conservation stamp (for example, 16 U.S.C. && 690(g), 701, 703, 704-6, 707(b), 708, 711, and 718(a)(e)(g)). Minor offense (while on conditional release) -- conviction of a crime for which the maximum sentence is incarceration for 90 days or less, probation of 1 year or less, or a fine of $500 or less. (See also, PACTS Statistical Reporting Guide, Version 1.0, Administrative Office of the U.S. Courts.) Misdemeanor -- a criminal offense punishable by a jail term not exceeding 1 year and any offense specifically defined as a misdemeanor by the Administrative Office of the U.S. Courts for the purposes of data collection. According to 18 U.S.C. & 3559, misdemeanors are classified in 3 letter grades, based on the maximum terms of imprisonment: Class A, if 1 year or less, but more than 6 months; Class B, if 6 months or less, but more than 30 days; and Class C, 30 days or less, but more than 5 days. (This category includes offenses previously called minor offenses that were reclassified under the Federal Magistrate Act of 1979.) Mixed sentence -- a sentence requiring the convicted offender to serve a term of imprisonment, followed by a term of probation. Unless otherwise noted, offenders receiving mixed sentences are included in both incarceration and probation categories. (See also, "Split sentence.") Most serious offense -- in this Compendium, the offense with the greatest potential sentence; or with respect to tables describing Federal prisoners, the offense with the greatest imposed sentence (for example, prison data in Chapter 6). Motor carrier violations -- violations of the Federal statutes relating to the Motor Carrier Act, which regulates (routes, rates) of motor carriers of freight and passengers in interstate commerce. The Act is administered by the Interstate Commerce Commission (for example, 15 U.S.C. && 1984, 1986, 1988 and 1990; 49 U.S.C. && 117(a), 301(f), 303(f), 322(a)(d), 411, 526, 917(f), 1021(b)(f), 11703, 11903(a), 11904, 11907, 11909(a), 11909(c), 11910, 11913, and 11914; and 49A U.S.C. & 120). Motor vehicle theft -- interstate or foreign transporting, receiving, concealing, storing, bartering, selling, or disposing of any stolen motor vehicle or aircraft (for example, 18 U.S.C. && 2119, 2313, and 2322; and 49A U.S.C. & 1472(i)). Murder -- the unlawful killing of a human being with malice aforethought, either express or implied. Nonnegligent manslaughter is the unlawful killing of a human being without malice. This offense covers committing or attempting to commit murder (first or second degree) or voluntary manslaughter within the special maritime and territorial jurisdiction of the United States (18 U.S.C. & 7). Includes killing or attempting to kill any Government official, the President of the United States, the President-elect, the Vice President, any officers and employees of the United States, any foreign officials, any official guests, or any internationally protected persons. As applied to the owner or charterer of any steamboat or vessel, knowingly and willfully causing or allowing fraud, neglect, misconduct, or violation of any law resulting in loss of life (18 U.S.C. && 113(a), 115(a), 1111-13, 1115, 1117, 1512(a)(1), 1751(a), and 2332(b)). National defense violations -- violations of the national defense laws on the Military Selective Service Act, the Defense Production Act of 1950, the Economic Stabilization Act of 1970 (which includes prices, rents, and wages), the Subversive Activities Control Act, alien registration, treason (including espionage, sabotage, sedition, and the Smith Act of 1940); also violations relating to energy facilities, curfew and restricted areas, exportation of war materials, trading with an enemy, illegal use of uniform and any other violations of the Federal statutes concerning national defense (for example, 8 U.S.C. && 1304(e) and 1306(b)(d); 10 U.S.C. && 976 and 2408; 18 U.S.C. && 703, 705, 711, 713, 792, 794, 797, 799, 953, 961, 965, 967, 970, 1366(a), 1382, 2152, 2153(b), 2154(b), 2155(b), 2156(b), 2382, 2384, 2386, 2388(a)(c), and 2390; 22 U.S.C. && 253, 286, 447, 447(c), 450, 455, 612, 614(b)(f), 617, 1178(c), 1182, 1199, 1978(c), 2778(b), 4198, 4202 and 5113(c); 42 U.S.C. && 2274(b), 2276, 2278(b) and 2384(b); and 50A U.S.C. && 2, 3(a)(c), 16, 167, 210, 322, 324, 326, 328, 421(a)(c), 462, 468(b), 643(a), 781, 783(b)(d), 789, 794, 797, 851, 1152, 1705, 1436(e), 1809(c), 2062, 2071(b), 2073, 2405(a)(b), and 2410(b)). Negligent manslaughter -- causing the death of another, within the special maritime and territorial jurisdiction of the United States as defined in 18 U.S.C. & 7, by wanton or reckless disregard for human life. Also negligent manslaughter of any Government official, the President of the United States, the President-elect, the Vice President, any officers and employees of the United States, any foreign officials, any official guests, or any internationally protected persons. This offense category also includes misconduct, negligence, or inattention to duties by ship officers on a steamboat or vessel resulting in death to any person (18 U.S.C. & 1112). New law -- In this Compendium defendants convicted and sentenced pursuant to the Sentencing Reform Act of 1984. (See also "Old law.") Nolo contendere -- defendant's plea in a criminal case indicating that he or she will not contest charges, but not admitting or denying guilt. Non-citizen -- a person who is without U.S. citizenship, including legal aliens (for example, resident aliens, tourists, and refugees/asylees) and illegal aliens. Not convicted -- acquittal by bench or jury trial, mistrial, and dismissal (including nolle prosequi and deferred prosecution). Not guilty -- plea entered by the accused to a criminal charge. If the defendant refuses to plead, the court will enter a plea of not guilty. Also the form of a verdict in a criminal trial where the jury acquits the defendant. Offense -- violation of U.S. criminal law. In this Compendium, where more than 1 offense is charged, the offense with the greatest potential penalty is reported. Offense level -- under the Federal sentencing guidelines, a quantification of the relative seriousness of the offense of conviction and any offense-specific aggravating or mitigating factors. Guideline offense levels range from level 1 (the least serious offense) to level 43 (the most serious offense). Old law -- in this Compendium, defendants convicted and sentenced pursuant to laws applicable before the Sentencing Reform Act of 1984. (See also, "New law.") Parole -- period of supervision after release from custody before the expiration of sentence. The U.S. Parole Commission is empowered to grant, modify or revoke the parole of all Federal offenders. Pursuant to the Sentencing Reform Act of 1984, parole was abolished and defendants are required to serve the imposed sentence (less 54 days per year good-time for sentences greater than 1 year, but not life imprisonment), followed by a term of supervised release. Because of the number of Federal inmates sentenced under pre-Sentencing Reform provisions, parole is being phased out. Approximately 2,300 Federal inmates were paroled by the U.S. Parole Commission during 1996. Perjury -- a false material declaration under oath in any proceeding before or ancillary to any court or grand jury of the United States. Includes knowingly or willfully giving false evidence or swearing to false statements under oath or by any means procuring or instigating any person to commit perjury. This offense also includes any officers and employees of the Government listed under 13 U.S.C. && 21-25 who willfully or knowingly furnish, or cause to be furnished, any false information or statement (for example, 2 U.S.C. & 192; 13 U.S.C. & 213; 15 U.S.C. & 2614; 18 U.S.C. && 401, 402, 1504, 1506, 1508, 1510, 1512(b), 1513, and 1622; 28 U.S.C. & 1866(g); 42 U.S.C. & 5411; 43 U.S.C. & 104; and 49A U.S.C. && 1472 (m)(o)). Personal recognizance -- pretrial release condition in which the defendant promises to appear at trial and no financial conditions are required to be met. Petty offense -- a Class B misdemeanor, a Class C misdemeanor, or an infraction with fines as specified in 18 U.S.C. && 3571. (See also, "Misdemeanor" and "Infraction.") Plea bargaining -- practice whereby a defendant in a criminal proceeding agrees to plead guilty to a charge in exchange for the prosecution's cooperation in securing a more lenient sentence or some other mitigation. Pornographic -- that which is of or pertaining to obscene literature; obscene, licentious. Material is pornographic or obscene if the average person, applying contemporary community standards, would find that the work taken as a whole appeals to the prurient interest; and if it depicts in a patently offensive way sexual conduct; and if the work taken as a whole lacks serious literary, artistic, political, or scientific value. (See Milla v. California, 113 U.S. 15 (1973).) Possession -- offense involving the possession of a controlled substance, acquiring a controlled substance by misrepresentation or fraud, attempting or conspiring to possess, or simple possession of a controlled substance in schedules I-V (as defined by 21 U.S.C. && 812). Includes possession of a controlled substance in schedule I or II, or a narcotic drug in schedule III or IV on board a vessel of the United States or vessels within custom waters of the United States, or by any citizen of the United States on board a vessel. Also, possessing any punch, die, plate, stone, or any other thing designed to reproduce the label upon any drug or container is an offense under this category. Distributing a small amount of marijuana for no remuneration is treated as simple possession and, therefore, is included in this offense category (for example, 21 U.S.C. && 829 (a)(b)(c), 841(a)(b)(d)(g), 842(a)(c), 843(a), 844(a), 846, 955, and 962). Presentence Investigation Report (PSR) -- following a presentence investigation, a report to the court prepared by the probation officer before the imposition of sentence, as required by law; unless the court finds that there is information in the record sufficient to enable the meaningful exercise of sentencing authority pursuant to 18 U.S.C. & 3553, and the court explains this finding on the record. Presentment -- an accusation initiated by the grand jury itself, and in effect, an instruction that an indictment be drawn. Pretrial diversion -- an agreement to defer (and possibly drop)prosecution conditioned on the defendant's good behavior and/or participation in programs (such as job training, counseling, education) during a stated period. Pretrial release -- the release of a defendant from custody, for all or part of the time, before or during prosecution. The defendant may be released either on personal recognizance or unsecured bond or on financial conditions. The category includes defendants released within 2 days after arrest and defendants who were initially detained but subsequently released after raising bail or having release conditions changed at a subsequent hearing. Probation -- sentence imposed for commission of a crime whereby the convicted criminal offender is released into the community under the supervision of a probation officer in lieu of incarceration. An act of clemency available only to those found eligible by the court, probation offers a chance for reform and rehabilitation for the defendant. For this purpose, the defendant must agree to specified standards of conduct; violation of such standards subjects his liberty to revocation. Property offenses, fraudulent -- property offenses involving the elements of deceit or intentional misrepresentation. Specifically includes embezzlement, fraud (excluding tax fraud), forgery, and counterfeiting. Property offenses, non-fraudulent -- violent offenses against property: burglary, larceny, motor vehicle theft, arson, transportation of stolen property, and other property offenses (destruction of property and trespassing). These offenses are termed "non-fraudulent" only for the purpose of distinguishing them from the category "Property offenses, fraudulent," above. Property offenses, other -- offenses that involve the destruction of property moving in interstate or foreign commerce in the possession of a common or contract carrier. Includes the malicious destruction of Government property, or injury to U.S. postal property such as mailboxes or mailbags. Trespassing on timber and Government lands is also included in this category of offenses (for example, 2 U.S.C. & 167(c)(g); 15 U.S.C. & 1281; 16 U.S.C. && 3, 45(d), 114, 121, 123, 152, 430(q), 433, 470, 478, 481, 551, and 605; 18 U.S.C. && 1164, 1361-62, 1364, 1852, 1854, 1856, 1858, 1860, 1863, 1864(c), and 2071(b); 40 U.S.C. && 193 (h)(q)(r)(s); 43 U.S.C. & 316; and 47 U.S.C. && 13 and 22). Public-order offenses, non-regulatory -- offenses concerning weapons; immigration; tax law violations (tax fraud); bribery; perjury; national defense; escape; racketeering and extortion; gambling; liquor; mailing or transporting of obscene materials; traffic; migratory birds; conspiracy, aiding and abetting, and jurisdictional offenses; and "other public-order offenses." These offenses are termed "non-regulatory" only for the purpose of distinguishing them from the category "Public-order offenses, regulatory" below. Public-order offenses, other -- violations of laws pertaining to bigamy, disorderly conduct on the U.S. Capitol grounds, civil disorder, and travel to incite to riot (for example, 18 U.S.C. && 228, 231, 1367, and 1385; 40 U.S.C. && 193(b)(d)(g)(o)(p); and 47 U.S.C. && 223(a)(b)). Included in "Public-order offenses, non-regulatory." Public-order offenses, regulatory -- violations of regulatory laws and regulations in agriculture, antitrust, labor law, food and drug, motor carrier, and other regulatory offenses that are not specifically listed in the category "Public-order offenses, non-regulatory." Racketeering and extortion -- racketeering is demanding, soliciting, or receiving anything of value from the owner, proprietor or other person having a financial interest in a business, by means of a threat or promise, either express or implied. Extortion is the obtaining of money or property from another, without his consent, induced by the wrongful use of force or fear. This offense code covers using interstate or foreign commerce or any facility in interstate or foreign commerce to aid racketeering enterprises such as arson, bribery, gambling, liquor, narcotics, prostitution, and extortionate credit transactions; obtaining property or money from another, with his or her consent induced by actual or threatened force; violence, blackmail, or committing unlawful interference with employment or business; transmitting by interstate commerce or through the mail any threat to injure the property, the person, or the reputation of the addressee or of another; or kidnaping any person with intent to extort. Applies to officers or employees of the United States, or anyone representing himself or herself as such (for example, 18 U.S.C. && 831, 872, 874, 875(b)(d), 877, 878(b), 892, 894, 1365(d), 1952-53, 1 955-60, 1962-63). Rape -- rape, assault with intent to commit rape, and carnal knowledge of a female under 16 who is not one's wife, within the territorial and special maritime jurisdictions of the United States as defined in 18 U.S.C. & 7 (for example, 22D U.S.C. & 2801). Also includes cases of sexual abuse, including of a minor (18 U.S.C. && 2241(a) (c), 2242(2)(B), and 2243) and in Federal prisons (18 U.S.C. & 2244(a)). Regulatory offenses, other -- violations covering areas such as civil rights, election laws, the Communication Act of 1934 (including wire tapping and wire interception), custom laws (except narcotics and liquor), interstate commerce (the Hot Oil Act, transportation or importation of prison-made goods, and the railroad and transportation acts), maritime and shipping laws, laws regarding stowaways, the Federal Boat Safety Act of 1971, U.S. postal laws (excluding injury to postal property), intimidation of witness laws, aircraft regulations, and any other regulatory offenses not listed above. (For citations refer to the United States Title and Code Criminal Offense Citations, Administrative Office of the U.S. Courts, June, 1995.) Release Extraordinary release -- unusual methods of prisoners exiting prison, such as death, commutation, and transfer to another facility. Standard release -- the usual way prisoners exit prison, including full-term sentence expirations, expirations with good time, mandatory releases, and releases to parole. Remand -- to send back. The act of an appellate court in sending a case back to the lower court for further action. Remove -- transfer from Federal court (usually to a State court). Restitution -- the action of restoring or giving back something to its proper owner, or making reparations to one for loss or injury previously inflicted. Reversal -- the act of an appellate court annulling a judgment of a lower court because of an error. Revocation -- termination of a probation, parole, or mandatory release order because of either a rule violation or a new offense, and forcing the offender to begin or continue serving his or her sentence. Robbery -- taking anything of value from the person or presence of another by force or by intimidation, within the special maritime and territorial jurisdiction of the United States (18 U.S.C. && 7). Includes robbery of bank property, U.S. postal property, or personal property of the United States. Also, assaulting or putting the life of any person in jeopardy by the use of a dangerous weapon while committing or attempting to commit such robbery (for example, 18 U.S.C. && 1661, 1991, 2112, 2113(c) (d), 2114, 2116, and 2118(a)). Rule 20 transfer -- upon petition by a defendant, a transfer of proceedings to the district in which the defendant is arrested, when the defendant is arrested, held, or present in a district other than that in which an indictment or information is pending against him. In this case, the defendant may state in writing a wish to plead guilty or nolo contendere, to waive trial in the district in which the indictment or information is pending, and to consent to the disposition of the case in the district in which the defendant was arrested (Fed. R. Crim. P. 20). Rule 40 transfer -- upon petition by the U.S. attorney, commitment to another district; transfer proceedings of a defendant arrested in a district for an alleged offense committed in the another district (Fed. R. Crim. P. 40). Sentence -- sanction imposed on a convicted offender. For sentences to incarceration, the maximum time the offender may be held in custody is reported. (See also, "Split sentence," "Mixed sentence," "Indeterminate sentence," and "Mandatory sentence.") Sentencing Guidelines (Federal) -- guidelines established by the United States Sentencing Commission to be followed by the Federal courts in the sentencing of those convicted of Federal offenses. Established pursuant to the Sentencing Reform Act of 1984, the sentencing guidelines prescribe a range of sentences for each class of convicted persons as determined by categories of offense behavior and offender characteristics. Sex offenses, other -- transporting, coercing, or enticing any individual (including minors) to go from one place to another in interstate or foreign commerce, in the District of Columbia, or in any territory or possession of the United States with the intent and purpose to engage in prostitution, or any sexual activity for which any person can be charged with a criminal offense (8 U.S.C. & 1328 and 18 U.S.C. && 1460, 1466, 2251-52, 2257, 2421 and 2423). Shock incarceration -- an intense confinement program, consisting of a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training. Special maritime and territorial jurisdiction -- areas of Federal jurisdiction outside the jurisdiction of any State, including (1) the high seas, Great Lakes, and connecting waterways; (2) Federal lands; and (3) U.S.-owned aircraft in flight over the high seas (18 U.S.C. & 7). Split sentence -- See, "Mixed sentence." Stale -- the case/matter is too old to support successful prosecution. Substantial assistance -- a form of cooperation with the government in which the defendant provides the government with information, testimony, or other assistance relating to the criminal activities of other persons in exchange for a sentence reduction. Substantial assistance provides the only mechanism for judges to impose a sentence below an applicable mandatory sentence (U.S.S.G. 5K1.1 as codified at 18 U.S.C. & 3553(e)). Supervised release -- under the Sentencing Reform Act of 1984, a form of post-imprisonment supervision to be imposed by the court as a part of the sentence of imprisonment at the time of initial sentencing. Unlike parole, a term of supervised release does not replace a portion of the sentence of imprisonment, but rather is an order of supervision in addition to any term of imprisonment imposed by the court (compare also with probation). Surety bond -- an agreement by the defendant as a condition of his or her release that requires a third party (usually a bail bondsman) to promise to pay the full bail amount in the event that the defendant fails to appear. Suspect -- a person who is under investigation or interrogation as a likely perpetrator of a specific criminal offense. Tax law violations -- tax fraud offenses such as income tax evasion and fraud; counterfeiting any stamps with intent to defraud the collection or payment of tax; willfully failing to collect or pay tax; failure to obey summons to produce any papers concerning taxes; failing to furnish receipts for employees of tax withheld; failing to furnish information relating to certain trusts, annuity, and bond purchase plans; putting fraudulent or false statements on tax returns; and not obtaining a license for a business that makes a profit from foreign items. Also included in this offense category are violations of excise and wagering tax laws and any other laws listed below from the Internal Revenue Service Code (for example, 26 U.S.C. && 3402, 4412, 5751, 5762(a1), 6047(a)(c), 6331, 6420(e2), 6674, 7121, 7201, 7203(c), 7204, 7206(a)(c), 7208(a)(c), 7210, 7213(b), (d), 7214(b), 7216, 7232, 7513, 7602, and 7604(b)). Technical violation -- failure to comply with any of the conditions of pretrial release, probation, or parole, excluding alleged new criminal activity. May result in revocation of release status. Examples of conditions that may be imposed and then violated include remaining within a specified jurisdiction, or appearing at specified intervals for drug tests. Termination -- at the pretrial services stage: execution of sentence, acquittal, dismissal, diversion, or fugitive status; in the U.S. district court: conviction, acquittal, or dismissal; and at probation or supervised release: the removal of a person from supervision either for successful completion of the term of supervision or as the result of a revocation. Threats against the President -- knowingly and willfully depositing in the mail, at any post office, or by any letter carrier a letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon the President, Vice President, or any other officer in order of succession to the Presidency. Knowingly and willfully making such threats in any way to the above-named people (18 U.S.C. & 871). Traffic offenses -- driving while intoxicated, or any moving or parking violations on Federal lands (for example, 40 U.S.C. & 212(b)). Trafficking -- knowingly and intentionally importing or exporting any controlled substance in schedule I, II, III, IV, or V (as defined by 21 U.S.C. && 812). Includes manufacturing, distributing, dispensing, selling, or possessing with intent to manufacture, distribute, or sell a controlled substance or a counterfeit substance; exporting any controlled substance in schedules I-V; manufacturing or distributing a controlled substance in schedule I or II for purposes of unlawful importation; or making or distributing any punch, die, plate, stone, or any other thing designed to reproduce the label upon any drug or container, or removing or obliterating the label or symbol of any drug or container. Also includes knowingly opening, maintaining or managing any place for the purpose of manufacturing, distributing, or using any controlled substance (for example, 19 U.S.C. & 1590; 21 U.S.C. && 333(e), 825(a)-(d), 830(a), 841(a)-(b) (d)(e)(g), 842(a), 843(a)(b), 845, 846, 848, 854, 856, 858, 859(a)(b), 860(a), 861(c)(f), 952(a)(b), 953(a)(e), 957, 959, 960(a)(b)(d), 961, 962, and 963; and 46A U.S.C. && 1903(g) and (j)). Transportation of stolen property -- transporting, selling, or receiving stolen goods, stolen securities, stolen moneys, stolen cattle, fraudulent State tax stamps, or articles used in counterfeiting, if the above articles or goods involve or constitute interstate or foreign commerce (18 U.S.C. && 2315, 2317). Trial conviction -- conviction by judge or jury after trial. True bill -- an indictment. United States -- includes the outlying territories (Guam, Puerto Rico, Northern Marianas Islands, and the U.S. Virgin Islands) and the territory occupied by the 50 States and the District of Columbia. U.S. attorneys -- all United States attorneys. Prosecutorial data in this Compendium come from the Central System and Central Charge Files of the Executive Office for U.S. Attorneys. Unsecured bond -- an agreement by the defendant as a condition of his or her release in which the defendant agrees to pay full bond amount in the event of nonappearance at trial, but is not required to post security as a condition to release. Violation (of pretrial release, probation, or parole) -- allegation of a new crime or a technical violation while on pretrial release, probation, or parole. Violent offenses -- threatening, attempting, or actually using physical force against a person. Includes murder, negligent manslaughter, assault, robbery, rape, other sex offenses (some of which may be nonviolent), kidnaping, and threats against the President. (See also, specific offenses for citations.) Weapons violations -- violations of any of the provisions of 18 U.S.C. && 922 and 923 concerning the manufacturing, importing, possessing, receiving, and licensing of firearms and ammunition. Includes manufacturing, selling, possessing, or transporting (within any territory or possession of the United States, within Indian country, or within the special maritime and territorial jurisdiction of the United States) (18 U.S.C. && 7) any switchblade knife; or making, receiving, possessing, or transporting a firearm not registered in the National Firearms Registration Transfer Record. Also, engaging in importing, manufacturing, or dealing in firearms if not registered with the secretary in the Internal Revenue Service District in which the business is conducted or not having paid a special occupational tax. In addition, this code covers cases where in a crime of violence or drug trafficking enhanced punishment is handed down when committed with a deadly weapon (for example, 15 U.S.C. & 1242; 18 U.S.C. && 922(a)(c)(e) (g)(i)(k)(m)(n)(q), 923, 924(a)(c)(f)(h) and 930; 26 U.S.C. && 5801, 5811, 5821, 5841, 5843, 5851, and 5861(b)(d)(h)(j)(l); 40 U.S.C. & 193f(a); and 49A U.S.C. & 1472(q)). END OF FILE 01/15/99 pm