U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Felony Sentences in the United States, 1994 July 1997, NCJ-165149 This report is one in a series. More recent editions may be available. To view a list of all in the series go to http://www.ojp.usdoj.gov/bjs/pubalp2.htm#fsus The full text of this report is available through: * the BJS Clearinghouse, 1-800-732-3277 * on the Internet at http://www.ojp.usdoj.gov/bjs/ * on the BJS gopher: gopher://www.ojp.usdoj.gov:70/11/bjs/ * on the National Criminal Justice Reference Service Electronic Bulletin Board (set at 8-N-1, call 301-738-8895, select BJS). By Patrick A. Langan, Ph.D. and Jodi M. Brown BJS Statisticians ------------- Highlights ------------- * In 1994 Federal courts convicted 39,624 persons of violent, property, drug, and other felonies. State courts convicted 872,218, bringing the combined U.S. total to 911,842 felons convicted. Federal courts accounted for 4% of the national total. * Between 1992 and 1994 the number of felony convictions decreased 2% in State courts and 5% in Federal courts. * In 1994 State and Federal courts together imposed a prison sentence on 46% of all persons convicted of a felony. Federal courts sentenced 62% of felons to prison, and State courts, 45%. * State and Federal courts together sentenced to prison 62% of the 167,000 felons convicted of a violent crime in 1994. * In 1994 the average prison sentence imposed was about 6 years in State courts and 6 1/2 years in Federal courts. * The average Federal prison sentence (6 1/2 years) and the average State sentence (6 years) do not differ greatly, but newly sentenced Federal prisoners are expected to serve, on average, 3 years longer than newly sentenced State prisoners (5 1/2 years versus 2 1/2 years). ------------------------------------------------------------- In 1994 Federal courts convicted 39,624 persons of violent, property, drug, and other felonies. State courts convicted 872,218, bringing the combined U.S. total to 911,842 felons convicted. ----------------------------- Felony convictions, 1990-94 ----------------------------- The 911,842 felony convictions in State and Federal courts in 1994 were 5% greater than the 866,028 in 1990 (table 1). However, between 1992 and 1994 the total number of felony convictions decreased by almost 3%. This drop from 1992 to 1994 is a result of a 5% decrease in felony convictions in Federal courts and 2% in State courts. Table 1. Convictions in State and Federal courts, 1990, 1992, and 1994 1990 1992 1994 ----------------------- Total 866,028 935,303 911,842 State 829,344 893,630 872,218 Federal 36,684 41,673 39,624 Annual percent change Overall --------------------- ------- Total 3.9% -1.3% 1.3% 5.3% State 3.8 -1.2 1.3 5.2 Federal 6.6 -2.5 1.9 8.0 ---------------------------------------------------------- Combined volume of State and Federal felony convictions ---------------------------------------------------------- Of the 911,842 total volume of felony convictions in 1994, State courts accounted for about 96% and Federal courts accounted for about 4% (table 2). Federal courts accounted for few of the Nation's violent felony convictions (1.7%) but a relatively large fraction of convictions for fraud and embezzlement (21%), drug trafficking (9%), and weapons offenses (9%). Table 2. Number of felony convictions in State and Federal courts, 1994 Federal felony Most serious Felony convictions convictions as conviction offense Total State Federal percent of total ------------------------------------------------------------------- All offenses 911,842 872,218 39,624 4.3% Violent offenses 167,457 164,584 2,873 1.7% Murder/nonnegligent manslaughtera 12,168 12,007 161 1.3 Rape 20,239 20,068 171 .8 Robbery 48,069 46,028 2,041 4.2 Aggravated assault 65,485 65,174 311 .5 Other violentb 21,496 21,307 189 .9 Property offenses 285,710 275,199 10,511 3.7% Burglary 98,255 98,109 146 .1 Larcenyc 114,720 113,026 1,694 1.5 Motor vehicle theft 21,285 21,049 236 1.1 Other theft 93,435 91,977 1,458 1.6 Fraud/forgeryd 72,735 64,064 8,671 11.9 Fraudd 35,866 28,268 7,598 21.2 Forgery 36,869 35,796 1,073 2.9 Drug offenses 290,645 274,245 16,400 5.6% Possession 109,018 108,815 203 .2 Trafficking 181,627 165,430 16,197 8.9 Weapons offenses 34,242 31,010 3,232 9.4% Other offensese 133,788 127,180 6,608 4.9% aDoes not include negligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. cIncludes motor vehicle theft. dIncludes embezzlement. eComposed of nonviolent offenses such as receiving stolen property and immigration offenses. --------------------------------------------------------------------- State and Federal courts together convicted 167,457 persons of a violent felony and nearly twice that number, 290,645, of a drug felony. Convictions for drug offenses comprised 32% of the national total, while convictions for violent crime comprised 18%. The most frequent violent offense, aggravated assault, comprised 7%. ------------------------------------------------------ Comparison of State and Federal sentences for felonies ------------------------------------------------------ Three types of sentences -- prison confinement (usually for a year or more), jail confinement (usually for under a year), and probation -- account for virtually all of the sentences that State and Federal courts impose as punishment for a felony conviction. Probation is a sentence involving supervised release under conditions specified by the court and takes two forms: straight probation and a split sentence. Straight probation is probation with no confinement, and a split sentence is probation combined with confinement (usually short-term). In most States the place of confinement is a local facility for a jail sentence and a State facility for a prison sentence. The Federal system has no equivalent of a local jail. To make Federal sentences more comparable to State sentences, this report calls Federal incarceration sentences of 1 year or less "jail," and Federal sentences over a year "prison." Nevertheless, State and Federal sentences are not completely comparable, largely because of differences between the types of offenses processed in State and Federal courts. ------------------------------------------------------------------------ Comparison of State and Federal offenses ----------------------------------------- Violent crimes comprised 19% of felony convictions in State courts, but only 7% of those in Federal courts. Similarly, violent crimes comprised 26% of State prison sentences but 10% of Federal prison sentences. Drug offenses comprised 31% of felony convictions in State courts but 41% of those in Federal courts. Similarly, drug crimes comprised 30% of State prison sentences but 55% of Federal prison sentences. Within offense groupings, the offense composition is not similar between State and Federal courts. For example, robbery comprised 71% of violent Federal convictions but 28% of violent State convictions. Similarly, forgery, fraud, and embezzlement comprised about 82% of Federal convictions for property crimes but about 23% of State convictions for property crimes. Individual offense categories also differ. For example, Federal offenses labeled robbery are almost exclusively bank robberies (about 95%), while State robbery offenses seldom include those of banks. Similarly, large-scale international drug crime characterizes a relatively large fraction of Federal drug trafficking cases, but few State cases. Federal weapons offenses may entail importation or manufacture of large quantities of weapons, while State weapons offenses typically involve a single firearm. Percent of convicted felony defendants in 1994 ----------------------------------------------------------------------------------------------- Felony convictions Prison sentences Jail sentences Probation sentences Most serious ----------------------- ---------------------- ---------------------- ---------------------- conviction offenses Total State Federal Total State Federal Total State Federal Total State Federal ----------------------------------------------------------------------------------------------------------------------- All offenses 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Violent offenses 18.4% 18.9% 7.3% 25.0% 26.0% 10.3% 14.3% 14.6% 2.2% 11.4% 11.7% 2.2% Murder 1.3 1.4 .4 2.8 2.9 .6 .1 .1 .1 .1 .1 .2 Rape 2.2 2.3 .4 3.4 3.6 .5 1.5 1.5 .3 .9 .9 .2 Robbery 5.3 5.3 5.2 8.9 9.0 7.8 2.2 2.3 .7 2.1 2.2 .7 Assault 7.2 7.5 .8 7.5 8.0 .8 7.7 7.9 .7 6.2 6.4 .6 Other violent 2.4 2.4 .5 2.3 2.4 .5 2.8 2.9 .4 2.0 2.1 .4 Property offenses 31.3% 31.6% 26.5% 28.4% 29.4% 12.2% 32.3% 31.9% 45.8% 35.1% 34.5% 53.6% Burglary 10.8 11.2 .4 12.5 13.2 .5 9.4 9.7 .2 9.3 9.6 .2 Larceny 12.6 13.0 4.3 10.5 10.9 2.1 14.1 14.3 6.2 14.7 14.9 9.0 Motor vehicle theft 2.3 2.4 .6 2.0 2.0 .5 3.1 3.2 .8 2.2 2.3 .7 Other theft 10.2 10.5 3.7 8.5 8.9 1.6 11.0 11.1 5.5 12.4 12.6 8.3 Fraud/forgery 8.0 7.3 21.9 5.5 5.2 9.6 8.8 8.0 39.3 11.2 10.1 44.5 Fraud 3.9 3.2 19.2 2.7 2.3 8.5 4.6 3.8 34.2 5.3 4.2 38.9 Forgery 4.0 4.1 2.7 2.8 2.9 1.1 4.2 4.2 5.1 5.9 5.9 5.6 Drug offenses 31.9% 31.4% 41.4% 31.2% 29.6% 55.0% 32.3% 32.6% 21.5% 32.6% 33.2% 16.7% Possession 12.0 12.5 .5 8.9 9.4 .3 15.2 15.6 .8 14.0 14.4 .8 Trafficking 19.9 19.0 40.9 22.3 20.2 54.7 17.1 17.0 20.7 18.6 18.7 15.9 Weapons offenses 3.8% 3.6% 8.2% 3.7% 3.3% 10.5% 3.8% 3.7% 4.8% 3.8% 3.8% 3.9% Other offenses 14.7% 14.6% 16.7% 11.7% 11.7% 12.0% 17.3% 17.1% 25.7% 17.1% 16.9% 23.6% ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------- Felony sentences in the Nation's combined State and Federal courts ----------------------------------------------------------- State and Federal courts imposed the most severe sentence, prison, on 46% of convicted felons nationwide in 1994 (table 3). Another 25% of convicted felons received a jail sentence. The remaining 29% received straight probation. Table 3. Types of felony sentences imposed by State and Federal courts, by offense category, 1994 Percent of felons sentenced to ----------------------------------------- Most serious Incarceration Straight conviction offense Total Total Prison Jail probation ---------------------------------------------------------------- All offenses State and Federal 100% 71% 46% 25% 29% State 100 71 45 26 29 Federal 100 78 62 16 22 Violent offensesa State and Federal 100% 82% 62% 20% 18% State 100 82 62 20 18 Federal 100 94 89 5 7 Property offensesb State and Federal 100% 67% 41% 26% 33% State 100 68 42 26 32 Federal 100 56 29 28 43 Drug offensesc State and Federal 100% 69% 42% 27% 31% State 100 91 83 8 9 Federal 100 66 34 32 34 Weapons offenses State and Federal 100% 71% 46% 25% 29% State 100 69 42 27 31 Federal 100 90 80 9 10 Other offensesd State and Federal 100% 66% 36% 30% 34% State 100 66 36 30 34 Federal 100 69 45 25 31 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Both State and Federal sentences included 1% or 2% not designated as prison, jail, or probation. The table classifies them under probation. aIncludes murder, rape, robbery, aggravated assault, and other violent. bIncludes burglary, larceny, motor vehicle theft, forgery, fraud, and embezzlement. cIncludes drug trafficking and drug possession. dComposed of nonviolent offenses such as receiving stolen property and immigration offenses. ------------------------------------------------------------------------- In 1994, 45% of felons convicted in State courts were sentenced to prison, essentially unchanged from the 46% in 1990 and the 44% in 1992. By comparison, 62% of felons convicted in Federal courts were sentenced to prison, up from 54% in 1990 and 59% in 1992. Overall, prison was the sentence imposed on more than half of the felons convicted of these offenses: murder/manslaughter (95%), rape (71%), robbery (78%), burglary (53%), and drug trafficking (51%) (tables 4-6). Forgery, fraud, and embezzlement were the offenses most likely to receive straight probation (41%), the least severe penalty. Table 4. Type of State and Federal felony sentences, by violent offenses, 1994 Percent of felons sentenced to -------------------------------------- Incarceration Most serious -------------------- Straight violent offense Total Total Prison Jail probation -------------------------------------------------------------- Murder/manslaughtera State and Federal 100% 97% 95% 2% 3% State 100 97 95 2 3 Federal 100 91 88 3 9 Rape State and Federal 100% 88% 71% 17% 12% State 100 88 71 17 12 Federal 100 89 77 13 11 Robbery State and Federal 100% 88% 78% 11% 12% State 100 88 77 11 12 Federal 100 97 95 2 3 Aggravated assault State and Federal 100% 75% 48% 27% 25% State 100 75 48 27 25 Federal 100 82 67 15 18 Other violentb State and Federal 100% 75% 45% 30% 25% State 100 75 45 30 25 Federal 100 80 68 13 20 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Both State and Federal sentences included 1% or 2% not designated as prison, jail, or probation. The table classifies them under probation. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. ----------------------------------------------------------------------- Table 5. Type of State and Federal felony sentences, by property offenses, 1994 Percent of felons sentenced to ----------------------------------------- Incarceration Most serious -------------------- Straight property offense Total Total Prison Jail probation ------------------------------------------------------------------ Burglary State and Federal 100% 75% 53% 22% 25% State 100 75 53 22 25 Federal 100 90 79 10 10 Larcenya State and Federal 100% 66% 38% 28% 34% State 100 66 38 28 34 Federal 100 55 31 23 45 Motor vehicle theft State and Federal 100% 72% 39% 34% 28% State 100 72 38 34 28 Federal 100 75 55 21 25 Other theft State and Federal 100% 65% 38% 27% 35% State 100 65 38 27 35 Federal 100 51 28 24 49 Fraud/forgeryb State and Federal 100% 59% 31% 28% 41% State 100 60 32 28 40 Federal 100 56 27 29 44 Fraudb State and Federal 100% 61% 31% 30% 39% State 100 62 32 30 38 Federal 100 56 28 29 44 Forgery State and Federal 100% 58% 32% 26% 42% State 100 58 32 26 42 Federal 100 55 25 30 45 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Both State and Federal sentences included 1% or 2% not designated as prison, jail, or probation. The table classifies them under probation. aIncludes motor vehicle theft. bIncludes embezzlement. ----------------------------------------------------------------------- Table 6. Type of State and Federal felony sentences, by drug offenses, 1994 Percent of felons sentenced to ----------------------------------------- Incarceration Most serious -------------------- Straight drug offense Total Total Prison Jail probation ------------------------------------------------------------------ Possession State and Federal 100% 66% 34% 32% 34% State 100 66 34 32 34 Federal 100 65 41 24 35 Trafficking State and Federal 100% 73% 51% 22% 27% State 100 71 48 23 29 Federal 100 92 84 8 8 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Both State and Federal sentences included 1% or 2% not designated as prison, jail, or probation. The table classifies them under probation. ---------------------------------------------------------------------- Drug traffickers and violent offenders: 1994 felony sentences compared -------------------------------------------------------------- Federal courts sentenced convicted drug traffickers almost as severely as convicted violent offenders: * 84% of drug traffickers and 89% of violent offenders received a prison sentence (tables 3 and 6). * Average prison sentences were 8 months longer for violent offenders than drug traffickers (tables 7 and 10). Felony drug traffickers and violent offenders in State and Federal courts Percent sentenced to prison ------------------- State Federal Drug traffickers 48% 84% Violent offenders 62 89 Average prison sentence length ------------------- State Federal Drug traffickers 66 mo 92 mo Violent offenders 118 100 ---------------------------------------------------- * State courts nationwide sentenced convicted violent offenders more severely than convicted drug traffickers: * 48% of drug traffickers and 62% of violent offenders received a prison sentence (tables 3 and 6). * Average prison sentences were over 4 years longer for violent offenders than drug traffickers (tables 7 and 10). Not all State courts in 1994 sentenced violent offenders more severely than drug traffickers. Among a sample of 144 State courts that had sizable number of both convicted violent offenders and convicted drug traffickers (at least 50 of each in 1994), 20% of the courts sentenced a larger fraction of drug traffickers than violent offenders to State prison. However, in only about 5% of the 144 courts were the prison sentences, on average, longer for drug traffickers than violent offenders. ------------------------------------------------------------------------ Table 7. Length of felony sentences imposed by State and Federal courts, by offense category, 1994 Mean maximum sentence length in months for felons sentenced to ---------------------------------- Most serious Incarceration Straight conviction offense Total Prison Jail probation ---------------------------------------------------------- All offenses State and Federal 50 mo 72 mo 6 mo 40 mo State 49 71 6 40 Federal 64 80 7 40 Violent offensesa State and Federal 93 mo 118 mo 6 mo 45 mo State 93 118 6 45 Federal 90 100 8 43 Property offensesb State and Federal 38 mo 56 mo 6 mo 42 mo State 39 57 6 42 Federal 22 37 7 39 Drug offensesc State and Federal 43 mo 64 mo 6 mo 38 mo State 40 61 6 38 Federal 84 92 8 49 Weapons offenses State and Federal 37 mo 54 mo 5 mo 32 mo State 31 47 5 32 Federal 82 91 8 39 Other offensesd State and Federal 26 mo 41 mo 5 mo 36 mo State 26 41 5 36 Federal 31 45 7 34 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed --prison being the most severe, followed by jail, then probation. Both State and Federal sentences included 1% or 2% not designated as prison, jail, or probation. The table classifies them under probation. aIncludes murder, rape, robbery, aggravated assault, and other violent. bIncludes burglary, larceny, motor vehicle theft, forgery, fraud, and embezzlement. cIncludes drug trafficking and drug possession. dComposed of nonviolent offenses such as receiving stolen property and immigration offenses. ----------------------------------------------------------------------- -------------------------- Average sentence lengths -------------------------- Felons sent to State and Federal prisons had an average imposed sentence length of 6 years (table 7). Those sent to jail had an average sentence of 6 months. Straight probation sentences had an average length of about 4 years. In 1994 the average prison sentence imposed by State courts was about 6 years; the average imposed by Federal courts was about 6« years. While these averages differ slightly from those in 1990 and 1992, the direction of the changes since 1990 has not been toward either consistently longer or consistently shorter sentences. Unlike jail sentence lengths, which generally varied little from the 7-month overall national average, prison sentence lengths varied widely from offense to offense (tables 8-10). The average prison sentence for murder was about 22 years; for rape, 13 years; for robbery, 9« years; for motor vehicle theft, 4 years; for drug possession, 4 years. Except for "other" violent offenses, the violent offense categories were the only categories that exceeded the average prison sentence of 6 years. Table 8. Length of felony sentences imposed by State and Federal courts, by violent offenses, 1994 Mean maximum sentence length in months for felons sentenced to ---------------------------------- Incarceration Most serious -------------------- Straight violent offense Total Prison Jail probation -------------------------------------------------------------- Murder/manslaughtera State and Federal 260 mo 267 mo 7 mo 58 mo State 262 269 7 59 Federal 148 153 8 41 Rape State and Federal 132 mo 157 mo 7 mo 60 mo State 133 158 7 60 Federal 69 79 9 48 Robbery State and Federal 104 mo 115 mo 9 mo 51 mo State 104 116 9 51 Federal 100 102 8 44 Aggravated assault State and Federal 54 mo 79 mo 6 mo 42 mo State 54 79 6 42 Federal 49 59 6 39 Other violentb State and Federal 47 mo 70 mo 6 mo 43 mo State 47 70 6 43 Federal 93 110 8 39 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Mean sentence lengths exclude sentences to death or to life in prison. aIncludes nonnegligent manslaughter. bIncludes offenses such as negligent manslaughter, sexual assault, and kidnaping. ---------------------------------------------------------------------- Table 9. Length of felony sentences imposed by State and Federal courts, by property offenses, 1994 Mean maximum sentence length in months for felons sentenced to ----------------------------------------- Most serious Incarceration Straight property offense Total Prison Jail probation --------------------------------------------------------- Burglary State and Federal 52 mo 69 mo 7 mo 47 mo State 52 69 7 47 Federal 54 60 9 43 Larcenya State and Federal 29 mo 45 mo 6 mo 40 mo State 29 45 6 40 Federal 28 43 7 40 Motor vehicle theft State and Federal 29 mo 50 mo 5 mo 41 mo State 29 50 5 41 Federal 33 43 8 39 Other theft State and Federal 29 mo 44 mo 6 mo 40 mo State 29 44 6 40 Federal 26 43 7 40 Fraud/forgeryb State and Federal 30 mo 50 mo 5 mo 41 mo State 32 51 5 41 Federal 20 35 7 39 Fraudb State and Federal 28 mo 50 mo 5 mo 40 mo State 29 53 4 40 Federal 21 35 7 39 Forgery State and Federal 33 mo 50 mo 6 mo 42 mo State 33 50 6 42 Federal 18 32 7 39 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Mean sentence lengths exclude sentences to death or to life in prison. aIncludes motor vehicle theft. bIncludes embezzlement. ------------------------------------------------------------------------ Table 10. Length of felony sentences imposed by State and Federal courts, by drug offenses, 1994 Mean maximum sentence length in months for felons sentenced to ---------------------------------- Incarceration Most serious --------------------- Straight drug offense Total Prison Jail probation ----------------------------------------------------- Possession State and Federal 28 mo 50 mo 4 mo 37 mo State 28 50 4 37 Federal 44 66 7 32 Trafficking State and Federal 52 mo 70 mo 7 mo 40 mo State 48 66 7 40 Federal 84 92 8 50 Note: For persons receiving a combination of sentences, the sentence designation came from the most severe penalty imposed -- prison being the most severe, followed by jail, then probation. Mean sentence lengths exclude sentences to death or to life in prison. ------------------------------------------------------------------------- Table 11. Corresponding time to be served in State and Federal prison, by offense, 1994 Mean prison sentences Percent of sentence Corresponding time imposed in 1994a expected to servea,b to be served in prisonc Most serious felony ------------------------------------------------------------------------- conviction offense Total State Federal Total State Federal Total State Federal ------------------------------------------------------------------------------------------------- All offenses 72 mo 71 mo 80 mo 44% 41% 85% 31 mo 29 mo 68 mo Violent offenses 118 mo 118 mo 100 mo 47% 46% 85% 55 mo 54 mo 85 mo Murder/manslaughterd 267 269 153 48 47 85 126 126 130 Rape 157 158 79 55 55 85 87 87 67 Robbery 115 116 102 48 46 85 55 53 87 Aggravated assault 79 79 59 49 49 85 39 39 50 Other violente 70 70 110 53 53 85 38 37 94 Property offenses 56 mo 57 mo 37 mo 42% 41% 85% 24 mo 23 mo 31 mo Burglary 69 69 60 39 39 85 27 27 51 Larcenyf 45 45 43 42 41 85 19 18 37 Motor vehicle theft 50 50 43 46 45 85 23 23 37 Other theft 44 44 43 41 40 85 18 18 37 Fraud/forgeryg 50 51 35 40 35 85 19 18 29 Fraudg 50 53 35 44 35h 85 21 19 30 Forgery 50 50 32 36 35h 85 18 18 27 Drug offenses 64 mo 61 mo 92 mo 41% 36% 85% 28 mo 22 mo 78 mo Possession 50 50 66 32 32 85 16 16 56 Trafficking 70 66 92 45 38 85 33 25 78 Weapons offenses 54 mo 47 mo 91 mo 57% 51% 85% 33 mo 24 mo 77 mo Other offensesi 41 mo 41 mo 45 mo 53% 51% 85% 22 mo 21 mo 38 mo aSentence length and percent of time served did not include in their calculation life or death sentences. bState estimates are derived from National Corrections Reporting Program data on first releases (sentences greater than a year) from State prisons in 1994. In calculating State estimates, allowance was made for jail time credited by the judge for time served prior to sentencing but no allowance could be made for post-sentencing time served in jail awaiting transfer to State prison. cCalculated by multiplying sentence lengthby percent of time to serve. dDoes not include negligent manslaughter. eIncludes offenses such as negligent manslaughter,sexual assault, and kidnaping. fIncludes motor vehicle theft. gIncludes embezzlement. hThe 35% for the combined category "forgery/fraud/ embezzlement" was the basis for this estimate. iComposed of nonviolent offenses such as receiving stolen property and immigration offenses. ----------------------------------------------------------------------------------------------- ------------------------------------- Sentence length versus time to serve ------------------------------------- The amount of prison time a convicted offender receives at sentencing is almost always longer than the actual amount of time the offender will serve before release from prison. Two primary reasons explain this difference between sentence imposed and actual time to serve: * Most States, but not the Federal system, have a parole board that decides when a prisoner is released. In those States, the sentence imposed equals the amount of time the offender serves before release only if the offender is never paroled. Because virtually all offenders eventually are paroled (even including most of those with life sentences), relatively few serve their entire sentence before release. * In most States and in the Federal system, inmates can earn early release through time credits for good behavior or special achievements. In addition to earned good-time credits, automatic good-time credits are awarded in many States. The length of time felons sentenced in 1994 might be expected to serve before being released is approximated from two pieces of information: the length of their sentence and the percentage of their sentence they are expected to serve. Sentence length multiplied by percentage served gives time served before release. For example, the average Federal sentence in 1994 (about 6 1/2 years) multiplied by 85% (the minimum percentage that, by Federal law, must be served before release) gives an estimated time in confinement of approximately 5« years (table 11). All newly sentenced Federal prisoners (those whose crimes were committed after November 1987) are subject to the law setting the 85% minimum.(The one exception is those sentenced to life imprisonment. Federal life sentences must be served in full.) By contrast, State prisoners are subject to laws and policies that vary widely from State to State. Consequently, there is no required minimum percentage of a sentence that must be served that is applicable to all felons sentenced to State prisons in 1994. But there are national statistics on persons released from State prisons in 1994 that show what percentage of their sentence they had served. For example, released rapists had served 55% of their sentence; drug traffickers had served 38%. Assuming that felons sentenced in 1994 will serve about the same percentage of their sentence as prisoners released in 1994, felons sentenced in 1994 will serve about 2 1/2 years (41% of a 6-year sentence is 2 1/2 years). To summarize, the average Federal prison sentence (6 1/2 years) and the average State sentence (6 years) do not differ greatly, but newly sentenced Federal prisoners are expected to serve, on average, 3 years longer than newly sentenced State prisoners (5 1/2 years versus 2 1/2 years). A major reason for the difference is that Federal drug traffickers: a) receive longer sentences than what State prisoners generally receive (7 1/2 years versus 6 years), b) make up over half of all Federal prison sentences, and c) generally serve a larger percentage of their sentence (at least 85%) than do State prisoners (41%). ************************* Time to serve for murder ************************* The percentage of the sentence served among prisoners released in 1994 formed the basis for estimates of how much time newly sentenced State prisoners will serve. Applying these 1994 release percentages to 1994 State sentences gives generally reasonable estimates of how much time State prisoners serve before their release. The major exception is 1994 sentences for murder. Murderers released in 1994 had served an average of 47% of their sentence, but the 47% figure pertains only to those who had not received a sentence to life imprisonment. Life sentences are excluded from the calculation of the 47% figure because no agreed upon way exists for converting the number of years served on a life sentence into a percentage. This poses a problem particularly for estimating how much time murderers will serve because, unlike other offenses, a substantial fraction of convicted murderers sent to prison have a life sentence (1 in 4). The estimated time-to-serve of 126 months for murderers (obtained by taking 47% of the average non-life sentence of 269 months) therefore does not apply to the 1 in 4 with life sentences. On average, murderers with life sentence can be expected to serve longer than 126 months. How much longer is unknown. Murderers (including nonnegligent manslaughter) with life sentences released from State prisons in 1994 had served 146 months before their release, but the 146 months is probably not applicable to those with sentences of life without parole. Little is known about time served by persons with sentences of life without parole. ------------- Methodology ------------- State sentencing data are from the Bureau of Justice Statistics (BJS) National Judicial Reporting Program, a biennial sample survey that collects detailed information on the sentences adult felons receive. Federal sentencing data are from the BJS Federal Justice Statistics Program, collecting annual comprehensive information about the district court processing of individuals and corporations. Sentencing statistics given in this report pertain exclusively to offenses defined under State or Federal law as felonies. States vary in their definition of a felony, but in general, a felony is a crime that has the potential of being punished by more than 1 year in a State prison. Federal law also defines a felony as a crime that is punishable by imprisonment for a term exceeding 1 year. Sentence length statistics presented in this report pertain to total sentence. For persons convicted of a single offense, total sentence is the sentence for that one offense. For persons convicted of a single offense and sentenced to a time range, such as 5-10 years, total sentence refers to the maximum. For persons convicted of multiple offenses to be served concurrently (at the same time), total sentence is the same as the longest sentence. For persons convicted of multiple offenses to be served consecutively (one after the other), total sentence is the sum of sentence lengths. State sentencing data were obtained from a sample of felony convictions in the State courts of 300 counties. The sample consisted of persons sentenced for a felony in 1994. Additional details are in Felony Sentences in State Courts,1994, BJS, NCJ-163391, 1997. Federal sentencing data were based on defendants sentenced in Federal district courts in fiscal year 1994. The data source was the case terminations file of the Administrative Office of the U.S. Courts. Additional details of methodology and definitions of offense categories are in Compendium of Federal Justice Statistics, 1994, a BJS Internet document, http://www.ojp.usdoj.gov/bjs/ at Publications under "C." The Federal offense categories have been designed to be as compatible as possible with the definitions that follow. ------------------------------------------------------ Crime definitions for data collected from State courts ------------------------------------------------------ Murder and nonnegligent manslaughter: Murder is (1) intentionally causing the death of another person without extreme provocation or legal justification or (2) causing the death of another while committing or attempting to commit another crime. Nonnegligent (or voluntary) manslaughter is intentionally and without legal justification causing the death of another when acting under extreme provocation. The combined category of murder and nonnegligent manslaughter excludes involuntary or negligent manslaughter, conspiracies to commit murder, solicitation of murder, and attempted murder. Rape: forcible intercourse (vaginal, anal, or oral) with a female or male. Includes forcible sodomy or penetration with a foreign object (sometimes called "deviant sexual assault"); excludes statutory rape or any other nonforcible sexual acts with a minor or with someone unable to give legal or factual consent. Includes attempts. Robbery: the unlawful taking of property that is in the immediate possession of another, by force or the threat of force. Includes forcible purse snatching, but excludes nonforcible purse snatching, which is classified as larceny/theft. Includes attempts. Aggravated assault: (1) intentionally and without legal justification causing serious bodily injury, with or without a deadly weapon or (2) using a deadly or dangerous weapon to threaten, attempt, or cause bodily injury, regardless of the degree of injury, if any. Includes attempted murder, aggravated battery, felonious assault, and assault with a deadly weapon. Other violent: violent offenses excluding murder and nonnegligent manslaughter, rape, robbery, and aggravated assault. Includes offenses such as sexual assault, kidnaping, extortion, and negligent manslaughter. Includes attempts. Burglary: the unlawful entry of a fixed structure used for regular residence, industry, or business, with or without the use of force, to commit a felony or theft. Includes attempts. Larceny: the unlawful taking of property other than a motor vehicle from the possession of another, by stealth, without force or deceit. Includes pocketpicking, nonforcible purse snatching, shoplifting, and thefts from motor vehicles. Excludes receiving and/or reselling stolen property (fencing), and thefts through fraud or deceit. Includes attempts. Motor vehicle theft: the unlawful taking of a self-propelled road vehicle owned by another. Includes the theft of automobiles, trucks, and motorcycles, but not the theft of boats, aircraft, or farm equipment (classified as larceny/theft). Also includes receiving, possessing, stripping, transporting, and reselling stolen vehicles, and unauthorized use of a vehicle (joyriding). Includes attempts. Fraud, forgery, and embezzlement: using deceit or intentional misrepresentation to unlawfully deprive a persons of his or her property or legal rights. Includes offenses such as check fraud, confidence game, counterfeiting, and credit card fraud. Includes attempts. Drug trafficking: includes manufacturing, distributing, selling, smuggling, and possession with intent to sell. Includes attempts. Drug possession: includes possession of an illegal drug, but excludes possession with intent to sell. Includes attempts. Weapons offenses: the unlawful sale, distribution, manufacture, alteration, transportation, possession, or use of a deadly or dangerous weapon or accessory. Other felonies: all felony offenses not listed above. Includes receiving stolen property, driving while intoxicated or other traffic offenses, bribery, obstructing justice, escaping from custody, family offenses (such as child neglect, contributing to the delinquency of a minor, nonpayment of child support), and nonviolent sexual offenses (such as statutory rape, incest, pornography offenses, pimping, prostitution). Includes attempts. -------------------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. The BJS Bulletins publication series presents the first release of findings from permanent data collection programs. This Bulletin was written by Patrick A. Langan and Jodi M. Brown of the Bureau of Justice Statistics. The Federal data in this report are based on tabulations prepared by William J. Sabol of the Urban Institute with assistance from Pamela Rigby and Yingjie Shu. Tom Hester and Tina Dorsey edited and produced the report. Donna B. Oliphant assisted with verification. Marilyn Marbrook administered final report production, assisted by Yvonne Boston and Jayne Robinson. July 1997, NCJ-165149 ---------------------------------------------------------------- ---------------------------------------------------------------- Data presented in this report may be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The report and data are also available on the Internet: http://www.ojp.usdoj.gov/bjs/ ---------------------------------------------------------------- END OF FILE