U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics ------------------------------------------------------ This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.csv) and the full report including tables and graphics in .pdf format are available on BJS website at: https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5873 This report is one in series. More recent editions may be available. To view a list of all reports in the series go to https://www.bjs.gov/index.cfm?ty=pbse&sid=62 ------------------------------------------------------ ******************* Statistical Tables ******************* Federal Justice Statistics, 2014 - Statistical Tables Mark A. Motivans, Ph.D., BJS Statistician This report describes criminal case processing in the federal justice system, including arrest and booking through sentencing and corrections. These statistical tables present the number of suspects arrested and booked by the U.S. Marshals Service (USMS), suspects in matters investigated and prosecuted by U.S. attorneys, defendants adjudicated and sentenced in U.S. district court, and characteristics of federal prisoners and offenders under federal supervision. Data are from the Bureau of Justice Statistics' (BJS) Federal Justice Statistics Program (FJSP), which collects comprehensive information describing suspects and defendants processed in the federal criminal justice system and annual data on workload, activities, and outcomes associated with federal criminal cases. The data presented in these tables were collected from the USMS, Drug Enforcement Administration, Executive Office for U.S. Attorneys, Administrative Office of the U.S. Courts, U.S. Sentencing Commission, and the Federal Bureau of Prisons. ****************************************** Organization of the statistical tables ****************************************** These statistical tables are organized into three major sections. Each section describes a major stage in the processing of criminal suspects and defendants, including 1) federal law enforcement and prosecution; 2) federal pretrial, adjudication, sentencing and appeals; and 3) offenders under federal correctional supervision. The tables also includes a methodology, additional information about the data, and a glossary. A detail description of each section is provided below. These tables are part of the Federal Justice Statistics series. For a list of all in this series, see the publications page. Additional information is available in the Federal Justice Statistics, 2013-2014 bulletin. Section 1 describes federal law enforcement and prosecution. This includes arrests made by federal law enforcement agencies for violations of federal law and characteristics of arrestees. It includes data on warrants cleared by the USMS and describes suspects investigated by U.S. attorneys. This section also covers decisions made by federal prosecutors in screening criminal matters and the type of offense for which suspects were prosecuted or declined for prosecution. Section 2 describes federal pretrial actions, adjudication, sentencing, and appeals. It presents pretrial release and detention practices of the federal judiciary system, including the characteristics of defendants detained or released pending trial. It also describes actions taken by the federal judiciary in adjudicating defendants in cases filed by the U.S. attorneys and the sentences imposed by the federal judiciary on convicted defendants. This section describes appeals of criminal convictions and sentences imposed in the federal courts, including the original offense charged. Section 3 describes offenders under federal correctional supervision-- probation, parole, and supervised release. It includes the outcome of the supervision (either the offender completed the term of supervision or was returned to prison or jail for violating the conditions of supervision). It also describes offenders imprisoned in federal prisons, including the offense at commitment and demographic characteristics of the offender. The Methodology section describes how the data were analyzed and the tables were developed. Additional Information about the Data provides a chart of the federal agencies that provided the data and lists the data source for each statistical table. The Glossary contains definitions for terms used in the tables. 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. ***************************************************** Section 1: Federal Law Enforcement and Prosecution ***************************************************** Federal Arrests ****************** Table 1.1. Suspects arrested for federal offenses and booked by U.S. Marshals Service, by offense, October 1, 2013-September 30, 2014 Table 1.2. Suspects arrested for federal offenses and booked by U.S. Marshals Service, by arresting agency, October 1, 2013-September 30, 2014 Table 1.3. Characteristics of federal arrestees booked by U.S. Marshals Service, October 1, 2013-September 30, 2014 Table 1.4. Characteristics of suspects arrested by Drug Enforcement Administration agents, by type of drug, October 1, 2013-September 30, 2014 Map 1.1. Suspects arrested for a drug offense, by federal judicial district of arrest, October 1, 2013-September 30, 2014 Table 1.5. Warrants cleared and median days from initiation to clearance, by warrant type, October 1, 2013-September 30, 2014 Table 1.6. Time from warrant initiation to clearance, by warrant characteristics, October 1, 2013-September 30, 2014 Federal Investigations and Prosecutions ***************************************** Table 2.1. Suspects in matters received by U.S. attorneys, by offense, October 1, 2013-September 30, 2014 Map 2.1. Suspects in drug matters referred to U.S. attorneys by the Drug Enforcement Administration, by federal judicial district, October 1, 2013-September 30, 2014 Table 2.2. Disposition of suspects in matters concluded, by offense, October 1, 2013-September 30, 2014 Table 2.3. Reasons U.S. attorneys declined to prosecute suspects in criminal matters, October 1, 2013-September 30, 2014 ******************************************************************* Section 2: Federal Pretrial, Adjudication, Sentencing, and Appeals ******************************************************************* Federal Pretrial ****************** Table 3.1. Defendants released at initial hearing or detention hearing, by offense, October 1, 2013–September 30, 2014 Table 3.2. Defendants released at any time prior to case disposition, by defendant characteristics, October 1, 2013-September 30, 2014 Map 3.1. Drug defendants with a prior felony drug conviction at case disposition, by federal judicial district, October 1, 2013- September 30, 2014 Table 3.3. Behavior of federal defendants released to the community pending trial, by offense, October 1, 2013-September 30, 2014 Federal Case Filings and Adjudication ***************************************** Table 4.1. Defendants in criminal cases commenced, by offense, October 1, 2013-September 30, 2014 Table 4.2. Disposition of criminal cases terminated, by offense, October 1, 2013-September 30, 2014 Map 4.1. Adjudicated defendants receiving a bench or trial jury, by federal judicial district, October 1, 2013-September 30, 2014 Table 4.3. Criminal cases disposed by U.S. magistrates, October 1, 2013-September 30, 2014 Table 4.4. Characteristics of convicted offenders, October 1, 2013-September 30, 2014 Federal Sentencing ******************* Table 5.1. Offenders sentenced in criminal cases terminated, by offense, October 1, 2013-September 30, 2014 Table 5.2. Type and length of federal sentences imposed, by offense, October 1, 2013-September 30, 2014 Table 5.3. Convicted offenders sentenced to incarceration, by offense and offender characteristics, October 1, 2013-September 30, 2014 Table 5.4. Average incarceration sentence length, by offense and offender characteristics, October 1, 2013September 30, 2014 Map 5.1. Convicted drug defendants receiving a nonprison sentence, by federal judicial district, October 1, 2013-September 30, 2014 Federal Appeals Tables 6.1, 6.2, and 6.3 are not included. Data for fiscal year 2014 were not available. *********************************************** Section 3: Federal Corrections and Supervision ************************************************ Federal Supervision, Probation, and Parole ******************************************** Table 7.1. Offenders under federal supervision, by offense, September 30, 2014 Map 7.1. Total drug offenders in the Federal Bureau of Prisons on September 30, 2014, by federal judicial district of commitment Table 7.2. Characteristics of offenders under federal supervision, September 30, 2014 Table 7.3. Outcomes of offenders terminating probation supervision, by offense, October 1, 2013-September 30, 2014 Table 7.4. Outcomes of offenders terminating probation supervision, by offender characteristics, October 1, 2013-September 30, 2014 Table 7.5. Outcomes of offenders terminating supervised release, by offense, October 1, 2013-September 30, 2014 Table 7.6. Outcomes of offenders terminating supervised release, by offender characteristics, October 1, 2013-September 30, 2014 Table 7.7. Outcomes of offenders terminating parole, by offense, October 1, 2013-September 30, 2014 Table 7.8. Outcomes of offenders terminating parole, by offender characteristics, October 1, 2013-September 30, 2014 Federal Imprisonment ********************** Table 7.9. Admissions and releases of federal prisoners, by offense, October 1, 2013-September 30, 2014 Table 7.10. Characteristics of offenders in the federal prison population, September 30, 2014 Table 7.11. Average time to first release and percent of sentence served for federal prisoners released by standard methods, October 1, 2013– September 30, 2014 Table 7.12. Characteristics of offenders first released from prison, by offense, October 1, 2013-September 30, 2014 These tables are part of the Federal Justice Statistics series. For a list of all in this series, see the publications page. Additional information is available in the Federal Justice Statistics, 2013-2014 bulletin. Source: Bureau of Justice Statistics, Federal Justice Statistics Program ************* Methodology ************* Data sources ************* The Bureau of Justice Statistics' (BJS) Federal Justice Statistics Program (FJSP) database is the data source for this report. The FJSP is presently constructed from source files provided by the U.S. Marshals Service, Drug Enforcement Administration, Executive Office for U.S. Attorneys (EOUSA), Administrative Office of the U.S. Courts (AOUSC), U.S. Sentencing Commission, and Federal Bureau of Prisons. In addition to providing data describing defendants in cases processed by the federal judiciary, the AOUSC provides data describing defendants processed by the federal pretrial services agencies and the federal probation and supervision service. Federal law prohibits the use of these files for any purposes other than research or statistics. The table in Additional Information about the Data describes the source agency data files. Reporting period ****************** Wherever possible, matters or cases have been selected according to the event which occurred during fiscal year (FY) 2014 (October 1, 2013, through September 30, 2014). Files, which are organized by their source agencies according to FY, also include some pertinent records in later years' files. Tabulations of suspects in matters concluded during FY 2014 have been assembled from source files containing records of 2014 matters concluded, which were entered into the data system during FY 2013 or 2014. The data source affects the availability of particular items of information. 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 (DOJ). In comparison, cases handled by the DOJ criminal division enter the database once they are filed in U.S. district court. Table construction ******************** The tables report events that occurred during FY 2014. Generally, the tables include both individual and organizational defendants. Organizational defendants are not included in tables describing defendants sentenced to incarceration and offenders under post-conviction supervision. Juvenile offenders who are charged as adults are included in the reported statistics. Unit of analysis ***************** In federal law enforcement and prosecution (section 1) and federal pretrial, adjudication, sentencing, and appeals (section 2), the unit of analysis is a combination of a person (or corporation) and a matter or case. If the same person is involved in three different criminal cases during the period specified in the table, then the person is counted three times in the tabulation. A single criminal case involving a corporate defendant and four individual defendants is counted five times in the tabulation. In federal corrections and supervision (section 3), the unit of analysis is a person entering custody or supervision, a person leaving custody or supervision, or a person in custody or supervision at yearend. A person who terminated probation twice in the indicated period is counted as two terminations of probation. For instance, probation might be terminated because of a violation, reinstated, and then terminated again for another violation. Interpretation *************** The tables 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 the tables that are based on records linked between two files are generally less than the total number of records in either source file. Comparisons of absolute numbers across two or more of these tables and other data sources are not necessarily valid. Offense classifications ************************* Procedure ********* The offense classification procedure used in this publication is based on the system followed by the AOUSC. Specific offenses are combined to form the BJS categories shown in this report. Offense categories for federal arrestees are based on the FBI's National Crime Information Center offense classifications, which are converted into U.S. Marshals' 4-digit offense codes and aggregated into the offense categories shown in the tables. These categories are similar, but may not be directly comparable to the BJS offense categories used in other tables for 2014. For data from the EOUSA--which include U.S. Code citations but do not include the AOUSC offense classifications--U.S. Code titles and sections are translated into the AOUSC classification system and then aggregated into the offense categories used in the tables. Distinction between felonies and misdemeanors ************************************************ Distinctions between felony and misdemeanor offenses 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 up to 1 year. 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 6 months. 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. Felony and misdemeanor distinctions are provided where the data permit these distinctions. Arrest and prosecution tables do not use this distinction because many suspects cannot be so classified at the arrest and investigation stages in the criminal justice process. This distinction is not made for pretrial release or detention because the Pretrial Services Agency no longer gathers this information. Adjudication, sentencing, and supervision tables distinguish between felony and misdemeanor offenses. 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 during the criminal justice process. Tables indicate whether investigated, charged, or adjudicated offenses are used. In the prosecution tables, 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 pretrial tables, the major charged offense is based on the AOUSC'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 adjudication tables, the most serious offense charged is the one that has the most severe potential sentence. For sentencing tables, conviction offenses are based on statutory maximum penalties. In appeals tables, the offenses are classified by the offense of conviction. In the supervision tables, 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, the offense carrying the highest severity code as determined by the AOUSC's offense severity code ranking. Offense categories ******************** For offense categories in all text tables, the following conditions apply: * Murder includes nonnegligent manslaughter * Sexual abuse includes only violent sex 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. * Other sex offenses denotes nonviolent sex offenses or the mail or transport of obscene material. * Wildlife offenses were amended in 2002 to include offenses previously included in the "Migratory birds" category. * Environmental offenses were amended in 2002 to include some offenses previously included in the "Agriculture" and "Other Regulatory" categories. * All other offenses includes felonies with unknown or unclassifiable offenses. * Misdemeanors includes misdemeanors, petty offenses, and unknown offense levels. * Drug possession also includes other drug misdemeanors. **************************************** Additional Information about the Data **************************************** The U.S. Marshals Service, Drug Enforcement Administration, Executive Office for U.S. Attorneys, Administrative Office of the U.S. Courts, U.S. Sentencing Commission, and Federal Bureau of Prisons each report on cases processed during a given year in an annual statistical report. These reports are often not comparable across agencies due to the varying methods used by the agencies to report case processing activities. An interagency working group headed by BJS found differences in the case processing statistics that can be attributed, in part, to the different needs and missions of the agencies: * The universe of cases reported during a given period differed. 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. * Many of the commonly used case processing statistics—suspect or defendant processed, offense committed, case disposed, and sentence imposed are defined differently across agencies. BJS, through its FJSP, has recognized the incomparability of these annual statistical reports and has attempted to reconcile many of the differences identified by the working group. By combining databases from several years, BJS is able to report on those cases that actually occurred during the reporting period. Commonly used case processing statistics are made comparable across stages by applying uniform definitions to data obtained from each agency. Because definitions in the FJSP 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. This report replaces the Compendium of Federal Justice Statistics, published for the years 1984, 1985, 1986, 1988, 1989, 1990, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004, and describes defendants processed at each stage of the federal justice system. It includes arrests by federal law enforcement agencies, and investigations and prosecutions by U.S. attorneys (section 1), federal pretrial release or detention, adjudication in the U.S. district courts, sentencing, and the appeal of the conviction and/or sentence imposed (section 2), and federal supervision, including probation, parole, and imprisonment (section 3). This report covers the 12-month fiscal period ending September 30, 2014 (or fiscal year 2014). Generally, the tables include both individual and organizational defendants. Organizational defendants are not included in tables showing defendants sentenced to incarceration, or tables describing offenders under post-conviction community supervision. Juvenile offenders charged as adults are included in the reported statistics. Felony and misdemeanor distinctions are provided where possible (see offense classifications in Methodology). Notes to reader ****************** These tables 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 or defendants shown in a particular table may not equal the number of subjects or 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. This report 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 these tables. To assess changing patterns in these tables, the reader may need to examine in detail subcategories not shown in the tabulations or may need some knowledge of legislation or federal agency procedures. ******************************************************************************* Data source agency ******************** 1. U.S. Marshals Service--Prisoner Tracking System--Warrant Information Network 2. Drug Enforcement Administration (DEA)--Defendant Statistical System 3. Executive Office for U.S. Attorneys--National Legal Information Office Network System 4. Administrative Office of the U.S. Courts (AOUSC): Pretrial Services Agency-- Pretrial Services Act Information System 5. AOUSC--Criminal Termination Files 6. U.S. Sentencing Commission (USSC)--Monitoring Data Base 7. AOUSC: Court of Appeals 8. AOUSC--Federal Probation and Supervision Information System 9. Federal Bureau of Prisons (BOP): Extract from BOP's SENTRY System Contents of data files *********************** 1. Contains data on suspects arrested for violations of federal law by federal enforcement agencies and data about warrants initiated or cleared. The data include characteristics of federal arrestees. 2. Contains data on suspects arrested by DEA agents, both within and outside the continental United States. The data include information on characteristics of arrestees, type of drug for which they were arrested, and the type and number of weapons possessed at time of arrest. 3. Contains information on the investigation and prosecution of suspects in criminal matters received and concluded, criminal cases filed and terminated, and criminal appeals filed and handled by U.S. attorneys. The central system files contain defendant-level records about the processing of matters and cases; the central charge files contain the records of the charges filed and disposed in criminal cases. Data are available on matters and cases filed, pending, and terminated. 4. Contains data on defendants interviewed, investigated, or supervised by pretrial services. The information covers defendants' pretrial hearings, detentions, and releases from the time they are interviewed through the disposition of their cases in district court. The data describe pretrial defendants processed by federal pretrial service agencies within each district. Defendants who received pretrial services through a local, non-federal agency, such as the District of Columbia, are not included. 5. Contains information about the criminal proceedings against defendants whose cases were filed in U.S. district courts. Includes information on felony defendants, Class A misdemeanants—whether handled by U.S. district court judges or U.S. magistrates--and other misdemeanants, provided they were handled by U.S. district court judges. The information in the data files covers criminal proceedings from case filing through disposition and sentencing. Data are available on criminal defendants in cases filed, pending, and terminated. 6. Contains information on criminal defendants sentenced pursuant to the provisions of the Sentencing Reform Act of 1984. Data files are limited to those defendants whose court records have been obtained by the USSC. 7. Contains information on criminal appeals filed and terminated in U.S. Courts of Appeals. Records of appeals filed, pending, or terminated include information on the nature of the criminal appeal, the underlying offense, and the disposition of the appeal. 8. Contains information about supervision provided by probation officers for persons placed on probation or supervised release from prison. The files contain records of individuals entering or currently on supervision, as well as records of offenders terminating supervision. 9.The data extracts contain information on all offenders released from prison over a specific period of time plus information about offenders in prison when the data extracts are made. The information covers the time from offenders' admission to prison until their release from the jurisdiction of the BOP. Federal Justice Statistics, 2013 - Statistical Tables ****************************************************** 1. Arrest: Tables 1.1, 1.2, 1.3, Map 1.1 Warrant: Tables 1.5, 1.6 2. Arrest: Table 1.4 3. Prosecution: Tables 2.1, 2.2, 2.3 Map 2.1 4. Pretrial release: Tables 3.1, 3.2, 3.3 Adjudication: able 4.4 (defendant characteristics) Map 3.1 Sentencing: Tables 5.3, 5.4 (defendant characteristics) 5. Adjudication: Tables 4.1, 4.2, 4.3, 4.4 Map 4.1 Sentencing: Tables 5.1, 5.2, 5.3, 5.4 Map 5.1 6. Adjudication: Table 4.4 (defendant characteristics) Sentencing: Tables 5.3, 5.4 (defendant characteristics) 7. Appeals: Tables 6.1, 6.2, 6.3 8. Supervision: Tables 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8 9. Corrections: Tables 7.9, 7.10, 7.11, 7.12 Map 7.1 ******************************************************************************* *********** Glossary *********** A Acquittal--a jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Administrative case closure--terminating or closing a community supervision case for administrative reasons, such as an offender's long- term hospitalization, death, deportation, incarceration in an unrelated case, or at the administrative discretion of the Chief Probation Officer. Affirmed--in the practice of the appellate court, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court. Agriculture violation--a violation of federal statutes concerning agriculture and conservation. Federal statutes related to agriculture include the Agricultural Acts (7 U.S.C., except sections on food stamps related to fraud); Insecticide Act; Packers and Stockyards Act, 1921; laws concerning plant quarantine and inspection; and laws that protect animals used in research. Federal statutes related to conservation include laws concerning soil and water conservation and wildlife conservation. Antitrust violation--a violation related to federal antitrust statutes enacted by Congress that protect trade and commerce from unlawful restraints, price fixing, monopolies, and discrimination in pricing or in furnishing services or facilities. Appeal--a legal proceeding by which a case is brought before a higher court for the review of a judgment or decision of a lower court. Appeals, U.S. Court of--intermediate appellate courts in the U.S. federal court system that review the final decisions of the district courts within their federal judicial circuits, when challenged. U.S. courts of appeal are higher than the U.S. district courts but lower than the U.S. Supreme Court. There are 13 U.S. courts of appeal in the federal system, representing the 12 judicial circuits and the federal circuit. Appellant--the party who requests that a judicial decision or decree be reviewed by a higher court or by another jurisdiction. Appellee--the party against whom an appeal is taken and who seeks to persuade the appeals court to affirm the district court's decision. Arson--willfully or maliciously setting, or attempting to set, fire to any property within the special maritime and territorial jurisdiction of the United States. See also, explosives. Assault--the threat, attempt, or intentional infliction of bodily injury. Assault also includes certain violations of the Fair Housing Act of 1968. Assault, aggravated--the threat, attempt, or intentional inflicting of bodily injury by means of a deadly or dangerous weapon, with or without actual infliction of any injury. Also, an attack without a weapon resulting in serious injuries. Serious injury includes broken bones, lost teeth, internal injuries, loss of consciousness, and an injury requiring two or more days of hospitalization. Assault, simple--the threat, attempt, or intentional inflicting of minor bodily injury without a weapon. Minor injury includes bruises, black eyes, cuts, scratches, swelling, and an injury requiring less than two days of hospitalization. B Bail--the temporary release, prior to trial, of a defendant in exchange for security or money promised for the defendant's due appearance. Also can refer to the amount of bond money posted as a financial condition of pretrial release. Booking--a procedure following an arrest in which information about the arrest and the suspect are recorded. Bribery--offering or promising anything of value with the intent to influence a person unlawfully, especially a public official in a position of trust. Also includes soliciting or receiving anything of value in consideration of aiding a person to obtain employment with the federal government. Also, receiving or soliciting any remuneration, directly or indirectly, in cash or any kind, in return for purchasing, ordering, leasing, or recommending purchasing any good, service, or facility. Burglary--unlawful entry and attempted unlawful entry of any property, with or without force. C Career offender--a defendant who is age 18 or older at the time of the instant offense, if the instant offense of conviction is a felony and if he or she has at least two prior felony convictions. Case--a judicial proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed, or any proceeding judicial in nature. A case is a single charging document filed in a court containing one or more charges against one or more defendants and constituting the unit of action in court activity following the filing. Charges in two or more charging documents are sometimes combined, or the charges or defendants in one charging document separated, for purposes of adjudication. Civil rights violation--a violation of civil liberties guaranteed to U.S. citizens by the Constitution and by acts of Congress. These include the 13th and 14th amendments to the Constitution and the Civil Rights Acts enacted after the Civil War, and more recently in 1957 and 1964. Collateral bond--an agreement made as a condition of 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. Communication violation--a violation covering areas of communication, such as the Communications Act of 1934 (including wiretapping and wire interception). A communication is considered a deliberate interchange of thoughts or opinions between two or more persons. Community confinement--residence 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 nonresidential hours. Community confinement may be imposed as a condition of probation or supervised release. 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. Commutation of sentence--a change of legal penalty or punishment to a lesser one, such as having a federal criminal sentence reduced by the executive clemency of the President of the United States. Complaint--a written statement in which the plaintiff details the claims against the defendant; or a formal document submitted to the court by a prosecutor, law enforcement officer, or other person, alleging that a specified person or persons has committed a specified offense or offenses and requesting prosecution. Concurrent sentence--a sentence, such as a prison term, to be served at the same time as another sentence rather than one after the other. One 3- year sentence and one 5-year sentence, if served concurrently, result in a maximum sentence of 5 years. See also, consecutive sentence. Conditional release--the release of a prisoner who has not served his or her full sentence and whose freedom is contingent upon obeying any combination of restrictions deemed necessary to guarantee the defendant's appearance at trial or safeguard the community. Consecutive sentence--a sentence for two or more offenses that follow one after the other. Two 3-year sentences and one 5-year sentence, if served consecutively, result in a maximum sentence of 11 years. See also, concurrent sentence. Conspiracy--an agreement by two or more persons to commit or to affect 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 alleged substantive offense. Continuing criminal enterprise--a felony committed as part of a continuing series of violations, which is undertaken by a person, in collaboration with five or more other persons. The person occupies a position of organizer, supervisor, or any other position of management, and obtains substantial income or resources from this position. Conviction--a judgment of guilt against a criminal defendant. A conviction includes pleas of guilty and nolo contendere, and excludes final judgments expunged by pardon, reversed, set aside, or otherwise rendered invalid. Corporate defendant--a business against whom a lawsuit is filed. The defendant in a case is an entity, a collection of persons, or a business or corporation—not an individual person. Despite not being persons, corporations are recognized by the law to have rights and responsibilities like natural persons. Corporate surety--a person, persons, or entity, who has entered into a bond (or an agreement) to give surety for another. As a condition of pretrial release, the defendant enters into an agreement that requires a third party, such as a bail bondsman, to promise the payment of the full bail amount in the event that the defendant fails to appear in court. 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 as original or genuine. Counterfeiting applies to any 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 U.S. 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 instrument) used for printing counterfeit obligations or securities of the United States, foreign obligations or securities, government transportation requests, or postal stamps; or knowingly and intentionally trafficking in falsified labels affixed to phono records, motion pictures, or audio visual works. Courts--government entity authorized to resolve legal issues. Judicial power is vested pursuant to Article III of the Constitution 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. See also, Appeals, U.S. Court of, and District court, U.S. Criminal career--the longitudinal sequence of crimes committed by an offender. Criminal history category--a quantification of the defendant's prior criminal record and the defendant's propensity to recidivate under the federal sentencing guidelines. Guideline criminal history categories range from Category I (primarily first-time offenders) to Category VI (career offenders). Custom law violation--a violation regarding taxes, which are payable upon goods and merchandise imported or exported. Includes the duties, toll, tribute, or tariff payable upon merchandise exported or imported. D Dangerous weapon--an instrument capable, under certain circumstances, of causing serious injury or death. Deadly weapon--an instrument specifically designed to cause serious injury or death. Declination--a prosecutor's decision not to file a case in a matter received for investigation. Excluded are immediate declinations where a prosecutor spent less than one hour on the case. Defendant--the party against whom a lawsuit is filed. Departure--a sentence imposed that is outside the applicable guideline sentencing range. A court may depart when it finds an aggravating or mitigating circumstance not adequately taken into consideration by the U.S. Sentencing Commission (USSC) in formulating the guidelines that should result in a sentence different from that described. See also, substantial assistance. Deportation or treaty transfer--—the act of expelling a foreigner from a country, usually to the country of origin, due to the commission of a crime or prior criminal record. Deposit bond--an agreement made by a defendant as a condition of pretrial release that requires the defendant to post a fraction of the bail before he or she is released to the community. Detainer--a notification sent by a prosecutor, judge, or other official, such as a law enforcement officer, advising a prison official that a prisoner is wanted to answer for criminal charges. The notification requests the prisoner's continued detention or notification of the prisoner's impending release. Detention--the legally authorized confinement of a person subject to criminal or juvenile court proceedings, until the point of commitment to a correctional facility or until release. Only those persons held for two or more days are classified as detained. Dismissal--the decision by a court to terminate adjudication of all outstanding charges in a criminal case, or all outstanding charges against a given defendant in a criminal case, thus terminating the court action in the case and permanently or provisionally terminating court jurisdiction over the defendant in relation to those charges. Includes nolle prosequi and deferred prosecution. Disposition--the action by a criminal or juvenile justice agency which signifies that a portion of the justice process is complete and jurisdiction is terminated or transferred to another agency; or which signifies that a decision has been reached on one aspect of a case and a different aspect comes under consideration, requiring a different kind of decision. 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 jurisdiction includes federal offenses prosecuted in U.S. district courts and, except for tables based on data from the Federal Bureau of Prisons (BOP), excludes violations of the District of Columbia Code and cases prosecuted in the District of Columbia Superior Court. Drug distribution--delivery (other than by administering or dispensing) of a controlled substance. 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 (Drug Abuse, Prevention, and Control), Title 21 (Food and Drugs). 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. Drug offense--a violation under federal or state laws prohibiting the manufacture, import, export, distribution, or dispensing of a controlled or counterfeit substance, or the possession of a controlled or counterfeit substance with the intent to manufacture, import, export, distribute, or dispense the substance. Drug offenses include using any communication facilities that cause or facilitate a felony under Title 21, or furnishing fraudulent or false information concerning prescriptions, as well as any other unspecified drug-related offense. See also, drug distribution, possession, and drug trafficking. Drug 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). Drug trafficking includes manufacturing, distributing, dispensing, selling, or possessing with the intent to manufacture, distribute, or sell a controlled substance or a counterfeit substance. Trafficking also includes exporting any controlled substance in schedules I through V, and the manufacture or distribution of a controlled substance in schedule I or II, for the purposes of unlawful importation. Also includes the making or distributing of any punch, die, plate, stone, or any other instrument designed to reproduce the label on any drug or container, or removing or obliterating the label or symbol of any drug or container. Knowingly opening, maintaining, or managing any place for manufacturing, distributing, or using any controlled substance is also considered drug trafficking. Dual and Successive Prosecution Policy (Petite Policy) -- prosecutorial guidelines used to determine whether to bring federal prosecution, based substantially on a defendant's repetition of the same act or transactions involved in a prior state or federal proceeding for a defendant. E 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 U.S. Postal Service, officers of lending, credit, or insurance institutions, and any officer or employee of a corporation or association engaged in commerce as a common carrier. The fraudulent appropriations of property by court officers of the U.S. courts and officers or employees of the United States are also included. Stealing from employment and training funds, stealing from programs that receive federal funds and Indian tribal organizations, and selling, conveying, or disposing of any money, property, records, or thing of value to the United States or any department thereof without authority are also included in embezzlement. Environmental offense--a violation of federal law enacted to protect the environment, such as the Clean Air Act and the Clean Water Act. Environmental protection laws protect the safety and well-being of communities from excessive and unnecessary emissions of environmental pollutants. 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 or drug dependency treatment. 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. 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 instruments are also included. Exclusion--the rule of evidence that disallows evidence secured by illegal means and in bad faith to be introduced in a criminal trial. Expiration of sentence--the completion of a prison sentence by standard means. See also, releases from prison. Explosives violation--a violation of federal law involving the importation, manufacture, distribution, and storage of explosive material. Includes the unlawful receipt, possession or transportation of explosives without a license, where prohibited by law, or using explosives during the commission of a felony. Also includes violations relating to dealing in stolen explosives, using mail or other forms of communication to threaten an individual with explosives, and possessing explosive materials at an airport. See also, arson. F Failure to appear--willful absence from any court appointment. Felony--a serious crime that involves a potential punishment of 1 year or longer in prison or a crime punishable by death. According to 18 U.S.C. § 3559, felonies are classified based on the maximum imprisonment term authorized by the law describing the offense. The five felony classes—A, B, C, D, and E—include life imprisonment or the maximum penalty of death (Class A felony), 25 years or more (Class B felony), less than 25 years but more than 10 years (Class C felony), less than 10 years but more than 5 years (Class D felony), and less than 5 years but more than 1 year (Class E felony). 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. Financial condition--the monetary condition on which the release of a defendant before trial is contingent, including deposit bond, surety bond, and collateral bond. See also the specific definitions for these bond types. Fine--a monetary penalty imposed as punishment for an offense. First release--prisoners released from the BOP for the first time after their commitment by a U.S. district court. Excludes offenders returned to prison after their first release to supervision. Food and drug violation--a violation of the Federal Food, Drug, and Cosmetic Act, including regulations for clean and sanitary movement of animals, adulteration or misbranding of any food or drug, failure to transmit information about prescription drugs, and intent to defraud and distribute adulterated material. Forgery--the creation or alteration of a document, which if validly executed would constitute a legally binding transaction, with the intent to defraud; also, the creation of an art object with intent to misrepresent the identity of the creator. Forgery 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. 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. See also, specific offenses in this glossary for citations. Fraudulent property offense--see property offense, fraudulent. Fugitive--a person convicted or accused of a crime that hides from law enforcement or escapes custody or flees across jurisdictional lines to avoid arrest or punishment. Fugitive investigation--initiated upon receipt of a warrant and typically involves persons who have violated their conditions of probation, parole, or bond release, as well as escaped prisoners. The U.S. Marshals Service has administrative responsibility for all investigations involving federal fugitives. G Gambling offense--the unlawful making or receiving or wagering on a game of chance or uncertain event, or operating, or promoting or permitting the operation of, an unlawful game of chance or wagering establishment. Also, 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. Federal gambling offenses include transporting gambling devices within the jurisdiction of the United States, except under the authority of the Federal Trade Commission or under the authority of a state law that provides an exemption from these provisions. Offenses also include transmitting wagering information on interstate or foreign commerce, interstate transporting of wagering paraphernalia, importing or transporting lottery tickets, or mailing lottery tickets or related matter. Good-time credit--time credited based on a prisoner's good behavior while imprisoned that is applied toward the prisoner's early release. 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 based on the length of time a federal prisoner has already spent in prison. Guideline sentencing range--the range of imprisonment length for a prisoner sentenced to a federal institution based on the federal sentencing guideline for the particular level of offense committed and the offender's criminal history. The federal sentencing guideline 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 the offenses as charged. A guilty plea also includes pleas of nolo contendere. H Hispanic--an ethnic category based on classification by the reporting agency. Hispanic persons may be of any race. Home detention--a form of confinement and supervision used as a substitute either for imprisonment or as a condition of probation. Except for authorized absences, home detention is a measure in which a person is confined by authorities to his or her place of residence, and restriction is 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 of imprisonment. Homicide--see murder. I Immigration offense--a violation involving illegal entry into the United States, illegally reentering the United States after deportation, willfully failing to deport when so ordered, willfully remaining beyond days allowed on conditional permit, or falsely representing oneself to be a U.S. citizen. Immigration offenses include violations relating to provisions for special agricultural workers and provisions relating to limitations on immigrant status, such as employment. Also includes bringing in or harboring any aliens not duly admitted by an immigration officer. Incarceration--any sentence of confinement, including prison, jail, or other residential placements. Indeterminate sentence--a prison sentence with a maximum or minimum term that is not specifically established at the time of sentencing. Indictment--a formal charge, issued by a grand jury, stating that there is enough evidence to justify a trial for a defendant who allegedly committed a crime; indictment is used primarily for felonies. Information--a formal charge, issued by a government attorney, stating that there is enough evidence to justify a trial for a defendant who allegedly committed a misdemeanor. Also, the document filed to initiate trial proceedings at the second step of a felony case. Infraction--an offense for which the maximum term of imprisonment is 5 days or less, or an offense for which no imprisonment is authorized, according to 18 U.S.C. § 3559. Initial appearance or hearing--a criminal defendant's first appearance before a judge or magistrate. Instant offense--the offense of conviction and all relevant conduct under U.S.S.G. § 1B1.3. Intermittent sentence--a sentence to periods of confinement interrupted by periods of freedom. Under the federal sentencing guidelines, intermittent confinement may be a substitute for imprisonment for defendants with a guideline maximum of less than 16 months of imprisonment. Each 24 hours of intermittent confinement is credited as one day of incarceration. J Jail credit--the number of days deducted from an offender's sentence for time spent in custody before a prison sentence was imposed. Jurisdictional offenses--offenses considered to be federal crimes because of the place in which they occurred, such as on an aircraft, or federal land or property. Jurisdictional offenses include certain crimes on Indian reservations, or at sea, that cannot be classified in a more specific substantive category. Juvenile--a person subject to juvenile court proceedings because a statutorily defined event or condition was alleged to have occurred while his or her age was below the statutorily specified age limit of original jurisdiction of a juvenile court. Court jurisdiction is determined by age at the time of the event, not at the time of judicial proceedings. The age limit defining the legal categories "juvenile" and "adult" varies among states and also, with respect to specified crimes, within states. The generally applicable age limit within a given state is most often the 18th birthday. In statutes establishing criminal trial court jurisdiction over persons below the standard age for specified crimes (usually violent crimes, such as murder or armed robbery) the age limit may be lowered to 16 or even less. These variations in age factor are small enough to permit data aggregated on the basis of the state definition of juvenile to be comparable for many purposes. However, each state should note its age limit in statistics for general distribution. Juvenile delinquency--an act committed by a juvenile for which an adult could be prosecuted in a criminal court, but for which a juvenile can be adjudicated in a juvenile court or prosecuted in a court having criminal jurisdiction, if the juvenile court transfers jurisdiction. K Kidnapping--unlawfully seizing any person as defined in 18 U.S.C. § 1201 for ransom or reward, except in the case of a minor seized by a parent; includes receiving, possessing, or disposing of any money or other property delivered as ransom or as a reward in connection with a kidnapping as well as conspiring to kidnap any person. L Labor law violation--a violation of federal laws governing a broad spectrum of activities relating to labor-management relations, such as the Fair Labor Standards Act of 1938 and the Taft-Hartley Act. Larceny--unlawful taking or attempted taking of property, other than a motor vehicle, from the possession of another, by stealth, without force and without deceit, with intent to permanently deprive the owner of the property; excludes taking that requires unlawful entry or force or is accomplished by deception. Liquor violation--a violation of the Internal Revenue Service laws on liquor, as well as violations of liquor laws not cited under these laws. Liquor violations include 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, and shipping liquor by collect-on-delivery method. Violations also include knowingly delivering a liquor shipment to someone other than to whom it has been consigned, and violating the Federal Alcohol Administration Act. Includes violations relating to regulation of the manufacture, sale, distribution, transportation, possession, or use of intoxicating liquor. Includes maintaining unlawful drinking places, advertising and soliciting orders for intoxicating liquor, bootlegging, operating a still, furnishing liquor to a minor or intemperate person, using a vehicle for the illegal transportation of liquor, drinking on a train or public conveyance, and all attempts to commit any of the aforementioned acts. Excludes public drunkenness and driving under the influence of alcohol. M Magistrates (U.S.), federal--judicial officers appointed by judges of federal district courts who have 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, magistrates may conduct civil or misdemeanor criminal trials. Magistrates 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. Major offense while on conditional release--allegation, arrest, or conviction of a crime for which the minimum sentence is incarceration for more than 90 days or probation for a period greater than 1 year. Mandatory release--the release of an inmate from prison after confinement for a period equal to the inmate's full sentence, minus any statutory good time. Federal prisoners exiting prison on mandatory release may still be subject to a period of post-release community supervision. Mandatory sentence--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. 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. Mandatory sentencing enhancements include 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, and 18 U.S.C. § 844(h), which provides for a 5-year enhancement for the use of firearms or explosives during the commission of a crime. Also included is 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. Material witness--a person with significant information about the subject matter of a criminal prosecution necessary to resolve the matter. Matter—a potential case under review by a U.S. attorney and on which more than 1 hour is spent. Matters concluded--matters in which a U.S. attorney has reached a final decision. 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 offense--a violation of acts relating to birds that 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 included is the misuse or nonuse of a migratory-bird hunting and conservation stamp. Minor offense while on conditional release--conviction of a crime for which the maximum sentence is incarceration for 90 days or less, probation for 1 year or less, or a fine of $500 or less. Misdemeanor--a criminal offense punishable by a jail term not to exceed 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 three letter grades—A, B, and C—based on the maximum terms of imprisonment. Class A denotes an imprisonment term of 1 year or less, but more than 6 months; Class B denotes an imprisonment term of 6 months or less, but more than 30 days; and Class C denotes an imprisonment term of 30 days or less, but more than 5 days. Misdemeanor includes offenses previously called minor offenses that were reclassified under the Federal Magistrate Act of 1979. Mistrial--a trial that has been terminated and declared invalid by the court because of some circumstance which creates a substantial and uncorrectable prejudice to the conduct of a fair trial, or which makes it impossible to continue the trial in accordance with prescribed procedures. The termination of a trial before its normal conclusion because of a procedural error; statements by a witness, judge, or attorney that prejudice a jury; a deadlock by a jury without reaching a verdict after lengthy deliberation (or a hung jury); or the failure to complete a trial within the time set by the court. When a mistrial is declared, the trial must start again with the selection of a new jury. Mixed sentence--a sentence requiring the convicted offender to serve a term of imprisonment, followed by a term of probation. Most serious offense--the offense charged that has the greatest potential sentence; or the offense with the greatest imposed sentence. Motor carrier violation--a violation of the federal statutes relating to the Motor Carrier Act, which regulates the routes and rates of freight motor carriers and passenger motor carriers in interstate commerce. The Interstate Commerce Commission administers the Motor Carrier Act. Motor vehicle theft--unlawful taking, or attempted taking, of a self- propelled road vehicle owned by another, with the intent to permanently or temporarily deprive the owner of possession; excludes vehicle parts. Murder--the unlawful killing of a human being with malice aforethought that was either expressed or implied. This offense covers committing or attempting to commit murder (first or second degree) or voluntary manslaughter. Murder (criminal willful homicide)--intentionally causing the death of another person without legal justification, or causing the death of another while committing or attempting to commit another crime; includes voluntary manslaughter. Murder, negligent (involuntary) manslaughter--causing the death of another person without intent to cause death, with reckless or gross negligence, including by reckless or grossly negligent operation of a motor vehicle. Murder, nonnegligent (voluntary) manslaughter--intentionally causing the death of another without legal justification or excuse, or causing the death of another while committing or attempting to commit another crime. N National defense violation--a violation of national defense laws under the Military Selective Service Act, the Defense Production Act of 1950, and the Economic Stabilization Act of 1970, which includes prices, rents, and wages, and the Subversive Activities Control Act. Includes violations relating to alien registration and treason, including espionage, sabotage, sedition, and the Smith Act of 1940. Also includes violations relating to energy facilities, curfew and restricted areas, exportation of war materials, trading with an enemy, and illegal use of uniform. New law--federal defendants convicted and sentenced pursuant to the Sentencing Reform Act of 1984. See also, old law. Nolle prosequi--Latin for "we shall no longer prosecute." The termination of adjudication of a criminal charge by the prosecutor's decision not to pursue the case, in some jurisdictions requiring approval of the court. Nolo contendere--Latin for "I do not wish to contend." The statement is a defendant's plea in a criminal case, indicating that he or she will not contest the charges, but not admit or deny guilt. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nolo contendere is also referred to as a plea of "no contest." Noncitizen--a person who is without U.S. citizenship, including legal Aliens-—resident aliens, tourists, and refugees/asylees—-and illegal aliens. Nonjury trial--a trial in which the judge alone decides factual as well as legal questions, and makes the final judgment. Not convicted--an acquittal or setting free by bench or jury trial, mistrial, or dismissal, including nolle prosequi and deferred prosecution. Not guilty--a defendant's formal answer in court to the charge or charges contained in a complaint, information, or indictment, claiming that he or she did not commit the offense or offenses listed. If the defendant refuses to plea, the court will enter a plea of not guilty. A verdict of "not guilty" in a criminal trial means that a defendant was acquitted of the charges against him or her by the court. O Offense--a violation of U.S. criminal law. Where more than one offense is charged, the offense with the greatest potential penalty is reported. Offense level--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--defendants convicted and sentenced pursuant to laws applicable before the Sentencing Reform Act of 1984. See also, new law. P Parole--a period of supervision after a prisoner is released from custody and before the end of the federal sentence imposed. 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, the number of offenders on parole is declining. 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 or 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 statements. Personal recognizance--a pretrial release condition in which the defendant promises to appear at trial and no financial conditions are imposed. Petty offense--a federal misdemeanor punishable by six months or less in prison; 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-bargain--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 or licentious literature. 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; if it depicts sexual conduct in a patently offensive way; if the work lacks serious literary, artistic, political, or scientific value. Possession--an 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 through 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 onboard a U.S. vessel or vessels within custom waters of the United States, or by any U.S. States citizen on board a vessel. In addition, possessing any punch, die, plate, stone, or any other instrument 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 is included in this offense category. Postal law violation--a violation of federal laws governing a broad spectrum of activities pertaining to the U.S. Postal Service. Presentence Investigation Report (PSI), federal--a report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. A federal probation officer conducts an investigation mandated 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. The PSI is intended to help the sentencing judges and others in the criminal justice system to evaluate the offender by providing a comprehensive background on the offender, which includes a summary of the current offense, prior criminal record, personal and family data, evaluation, and sentencing recommendations. Presentment--historically, a grand jury's written notice of an offense based upon the grand jury's own knowledge or observation. In current usage, this can be a prosecutor's presentation of alleged facts and charges to a court or a grand jury. 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, or education, during a stated period. Pretrial release--a defendant's release from custody to the community, for all or part of the time before trial or during prosecution, upon his or her promise to appear in court when required. The defendant may be released on personal recognizance, unsecured bond, or under financial conditions. Pretrial release includes defendants released within 2 days after arrest and defendants released after posting bail or having release conditions changed at a subsequent hearing. Pretrial revocation--the decision to detain a defendant for violating conditions of pretrial release or for committing a new crime while in a pretrial release status. Preventive detention--the detention of a defendant awaiting trial for the purpose of preventing further misconduct. 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 the offender's liberty to revocation. Procedural termination--a judgment based on the methods and mechanics of the legal process, including all the rules and laws governing that process. Procedural law is distinguished from substantive law, which involves the statutes and legal precedents upon which cases are tried and judgments made. See also, administrative case closure and terminated on the merits. Property offense, fraudulent--a property offense that involves elements of deceit or intentional misrepresentation. These offenses specifically include embezzlement, fraud (excluding tax fraud), forgery, and counterfeiting. Property offense, nonfraudulent--a violent offense against property, including burglary, larceny, motor vehicle theft, arson, transportation of stolen property, and other property offenses, such as the destruction of property and trespassing. Property offense, other--an offense that involves the destruction of property moving in interstate or foreign commerce and in the possession of a common or contract carrier. Also includes the malicious destruction of government property or injury to U.S. Postal Service property, such as mailboxes or mailbags. Trespassing on timber and government lands is also included in this offense category. Public order offense, nonregulatory--an offense 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. Public order offense, other--a violation of laws pertaining to bigamy, disorderly conduct on the U.S. Capitol grounds, civil disorder, and travel to incite to riot. Also included in public order offenses, nonregulatory. Public order offense, regulatory--a violation 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, nonregulatory. R 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 expressed or implied. Extortion is the obtaining of money or property from another without the person's consent and 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. Also included are obtaining property or money from another (with the person's consent and induced by actual or threatened force, violence, blackmail) or committing unlawful interference with the person's employment or business. Racketeering and extortion includes 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 kidnapping any person with intent to extort. Release, extraordinary--unusual methods by which a federal prisoner exits prison, such as death, commutation, or a transfer to another facility. Release, standard--the usual way by which a federal prisoner exits 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 returning a case to a lower court for further action. Remove--transfer from federal court (usually to a state court). Restitution--a court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community. Reversal--the act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings. Revocation--termination of a probation, parole, or mandatory release order because of a rule violation or a new offense, which forces the offender to begin or to continue serving his or her sentence. Robbery--the unlawful taking or attempted taking of property that is in the immediate possession of another, by force or threat of force. Also included is assaulting or putting the life of any person in jeopardy by the use of a dangerous or deadly weapon while committing or attempting to commit such robbery. 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 or her. 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. Rule 40 transfer--upon petition by the U.S. attorney, commitment to another district; the transfer of proceedings of a defendant arrested in a district for an alleged offense committed in another district. S Sentence--the punishment ordered by a court for a defendant convicted of a crime. 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 USSC 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. Sexual abuse--Includes all completed and attempted violent sex offenses: aggravated sexual abuse (18 USC 2241) and sexual abuse (18 USC 2242), defined as causing a person to engage in a sexual act by use of force, threat or fear or with a person who is unconscious, impaired due to drugs, intoxicants or other substances, or is otherwise incapable of declining participation); sexual abuse of a minor or ward (18 USC 2243); and abusive sexual contact (18 USC 2244), in which the person knowingly engages in or causes sexual contact with or by another person without that person's permission or with a person under age 12. Sex offenses, other--Includes other nonviolent sex offenses: sexual exploitation of children and child pornography (18 USC 2251-2252A); coercing, enticing or transporting (interstate) of an individual (including minors) with the intent and purpose of engaging in prostitution or any sexual activity for which any person can be charged with a criminal offense (18 USC 2422); and possession with intent to sell or sales and distribution of obscene materials (18 USC 1460-1470). See the National Archive of Criminal Justice Data for a detailed crosswalk for codes used by U.S. Marshals, AOUSC, EOUSA, USSC, and BOP. 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. Split sentence--see, mixed sentence. Stale--a case or matter that 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 a mandatory sentence, applicable by the law that describes the offense. Supervised release--under the Sentencing Reform Act of 1984, a form of postimprisonment 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 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 in court. Suspect--an adult or juvenile considered by a criminal justice agency to be one who may have committed a specific criminal offense, but who has not been arrested or charged. T Tax law violations--federal tax fraud offenses include violations of laws within the Internal Revenue Service Code (26 U.S.C.). Included are 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, and failure to obey summons to produce any papers concerning taxes. Also included are offenses such as failing to furnish receipts for employees of tax withheld, failing to furnish information relating to certain trusts, annuity, and bond purchase plans, and putting fraudulent or false statements on tax returns. Violations of excise and wagering tax laws and not obtaining a license for a business that makes a profit from foreign items are also included in this offense category. Technical violation--failure to comply with any of the conditions of pretrial release, probation, or parole, excluding alleged new criminal activity. Technical violations may result in revocation of an offender's release status. Conditions that may be imposed and then violated include remaining within a specified jurisdiction or appearing at specified intervals for drug tests. Terminated on the merits--a judgment made after consideration of the substantive, as distinguished from procedural issues in a case. See also, procedural termination. 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, 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 to the above-named people is included in this offense. Time served--the portion of a prisoner's imposed sentence spent in prison (from arrival into jurisdiction of the BOP until release from prison) plus any jail time served and credited. For prisoners serving concurrent sentences, time served may exceed the longest single sentence imposed. Traffic offense--a violation of statutes relating to the operation, maintenance, use, ownership, licensing, and registration of self- propelled road vehicles, including driving under the influence, hit and run, and violations of law not requiring appearance in court. Transportation violation--a violation of the federal statutes relating to the Motor Carrier Act, which regulates the routes and rates of freight motor carriers and passenger motor carriers in interstate commerce. 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. Trial conviction--conviction by judge or jury after trial. True bill--an indictment endorsed by a grand jury as warranting prosecution of the accused. U United States--the territory occupied by the 50 states and the District of Columbia, and the outlying territories of Guam, Puerto Rico, Northern Mariana Islands, and the U.S. Virgin Islands. U.S. attorney--a lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. attorney employs a staff of assistant U.S. attorneys who appear as the government's attorneys in individual cases. Unsecured bond--an agreement by the defendant as a condition of pretrial release in which the defendant agrees to pay the full bond amount in the event of nonappearance at trial, but is not required to post security as a condition to release. V 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 using physical force against a person. Includes murder, negligent manslaughter, assault, robbery, kidnapping, and threats against the President. Violent sex offense included under all sex offenses. See also, specific offenses for citations. W Warrant--a court order (writ) that directs a law enforcement officer to conduct a search or arrest and bring a person before the judge, such as persons charged with a crime, escaped federal prisoners, or probation, parole, or bond default violators. Warrant clearance or execution--refers to the closing of a fugitive investigation. Warrants can be cleared or executed in many ways, including the arrest or surrender of a fugitive, dismissal by the court, and lodging a detainer against a fugitive in custody. See also, detainer. Warrant initiation--refers to the opening of a fugitive investigation upon receipt of a warrant. Weapons violations--violations of any provisions of 18 U.S.C. §§ 922 (unlawful acts) and 923 (licensing) with regard to the manufacturing, importing, possessing, receiving, and licensing of firearms and ammunition. Includes manufacturing, selling, possessing, or transporting any switchblade knife; or making, receiving, possessing, or transporting a firearm not registered in the National Firearms Registration Transfer Record within any territory or possession of the United States, within Indian country, or within the special maritime and territorial jurisdiction of the United States. 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 wherein a crime of violence or drug trafficking enhanced punishment is handed down when the crime was committed with a deadly weapon. Wildlife offense--a violation of federal law enacted to protect endangered or threatened species, as well as migratory birds. The Endangered Species Act (16 U.S.C. Conservation) makes it unlawful for any person to take, import, sell, or ship endangered or threatened wildlife. Under this code, the Migratory Bird Treaty Act protects migratory birds, and the Lacey Act prohibits the trade of illegally taken fish and wildlife. *************************************************************** The Bureau of Justice Statistics of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of criminal and civil justice systems at the federal, state, tribal, and local levels. BJS collects, analyzes, and disseminates reliable and valid statistics on crime and justice systems in the United States, supports improvements to state and local criminal justice information systems, and participates with national and international organizations to develop and recommend national standards for justice statistics. Jeri M. Mulrow is acting director. These statistical tables were prepared by Abt Associates under the supervision of Mark Motivans of BJS. The tables were prepared under BJS grant number 2013-MU-CX-K057. Principal staff at Abt Associates were Kim Altunkaynak, Hari Mohanraj, Ryan King, Omri Drucker, Kieran Shah, Brendan Rabideau, and Chris Cutler. Mark Motivans provided verification. Caitlin Scoville and Jill Thomas edited the report. Tina Dorsey produced the report. March 2017, NCJ 250183 *************************************************************** *************************************************************** Office of Justice Programs Building Solutions • Supporting Communities • Advancing Justice www.ojp.usdoj.gov ***************************************************************** ************************************************** 12/2/2016/ JER/ 9:35AM Revised 3/13/2017 12:35pm **************************************************