Prosecutors in State Courts, 1996 NCJ-170092, July 1998 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#prosecutors U.S. Department of Justice Bureau of Justice Statistics By Carol J. DeFrances and Greg W. Steadman BJS Statisticians ------------------------------------------------------------------------------------------ Highlights State court prosecutors' offices, 1996 Full-time offices (population served) --------------------------------------------- All 1,000,000 250,000 Under Part-time offices or more to 999,999 250000 offices ------------------------------------------------------------------------------------------ Number of offices 2,343 34 180 1,516 613 Median Population served 32,866 1,427,827 506,420 40,767 16,855 Total staff size 9 414 103 10 3 Salary of chief prosecutor $64,000 $115,000 $97,000 $69,000 $36,000 Budget for prosecution $254,000 $25,500,000 $4,800,000 $293,000 $90,000 ------------------------------------------------------------------------------------------ * In 1996 State court prosecutors' offices employed about 71,000 attorneys, investigators, and support staff. The staff total had increased 25% from 1992 to 1996. * About three-fourths of all offices reported employing a full-time prosecutor compared to about half of all offices in 1990. * On average, offices with a part-time chief prosecutor had the smallest staff size, lowest percentage of staff members working full time, and the smallest budgets. * Almost half of all offices reported the use of DNA evidence during plea negotiations or felony trials. DNA evidence was used most often for sex offenses (43%), followed by murder and manslaughter (28%) and aggravated assault (4%) cases. * Over three-fourths of all offices indicated having proceeded against juveniles in criminal court. An estimated 27,000 juveniles were proceeded against in criminal court by prosecutors' offices in 1996. ------------------------------------------------------------ Prosecutors' offices serving districts of 1 million or more ------------------------------------------------------------ * 30% of all staff employed by prosecutors' offices nationwide worked in the 34 largest offices, which each serve 1 million or more residents. * Nearly three-fourths of offices serving districts of 1 million or more reported that an assistant prosecutor was threatened or assaulted. * About half of the prosecutors' officesthat represented districts of 1 million or more had a specialized unit or designated attorney who handled juvenile cases in criminal court. --------------------------------------------------------------------------------- In 1996 State court prosecutors' offices employed approximately 71,000 attorneys, investigators, and support staff, with a median annual budget of $254,000. The median total staff was nine. In 1996 half of all offices closed 250 or more felony cases with a conviction rate of 89%. These findings are from the 1996 National Survey of Prosecutors (NSP), the most recent in a series of surveys also conducted in 1990, 1992, and 1994. The 1996 survey sampled 308 chief prosecutors from the estimated 2,343 that try felony cases. The nationally representative sample was drawn from a list of all prosecutors' offices that handle felony cases in State courts. The study does not include municipal attorneys or those county attorneys who primarily operate in courts of limited jurisdiction. A chief prosecutor is the attorney who advocates for the public in felony cases and in a variety of other cases. State law determines the number of chief prosecutors and whether they are elected or appointed. Over 95% of chief prosecutors are elected locally. (See Prosecutors in State Courts, 1990, BJS Bulletin NCJ 134500.) Office titles for State court prosecutors include district attorney, county attorney, prosecuting attorney, commonwealth attorney, and state's attorney. (See Prosecutors in State Courts, 1994, BJS Bulletin, NCJ 151656, Appendix 1.) Nearly all prosecutors' offices serve a county-based jurisdiction. In 1996, 89% of prosecutorial districts served one county compared to 80% in 1990. Half of all offices in 1996 represented districts with a population of 33,000 or less. Three-quarters served districts with fewer than 100,000 persons. This report provides information about prosecutors' offices categorized by whether the chief prosecutor worked full or part-time and by the number of residents served. A full-time office in a large jurisdiction refers to an office with a full-time chief prosecutor in a jurisdiction of 1,000,000 or more persons. A full-time office in a medium jurisdiction refers to an office with a full-time chief prosecutor in a jurisdiction between 250,000 and 999,999 persons. A full-time office in a small jurisdiction refers to an office with a full-time chief prosecutor in a jurisdiction with fewer than 250,000 persons. A part-time office has a part-time chief prosecutor serving a jurisdiction of any size ***Footnote 1: The full-time office categories used in this report differ from and are not comparable to the full-time categories in Prosecutors in State Courts, 1994. Appendix table A on page 8 contains the 1994 data in the current categories of full-time offices.*** --------------------------------------------------- Cases handled by prosecutors' offices --------------------------------------------------- Besides handling felony cases, 91% of all offices also had jurisdiction for misdemeanor cases; 82% handled traffic violations; 53%, child support enforcement; and 53% represented the government in civil lawsuits (table 1). Full-time small offices (84%) and part-time offices (83%) were more likely to handle traffic violations than either the full-time large (62%) or medium size offices (61%). The representation of the government in civil cases was also more common in part-time offices than in full-time offices. A larger percentage of full-time large offices had responsibility for child support enforcement compared to full-time offices of medium size. -------------------------------------------------------------------------------------------- Table 1. Type of cases other than felonies handled by prosecutors' offices, 1996 Percent of offices ------------------------------------------------------------------ Full-time offices (population served) ------------------------------------------ All 1,000,000 250,000 Under Part-time offices or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------- Type of case: Misdemeanor 91.3% 94.1% 87.5% 92.7% 88.9% Traffic violation 81.9 61.8 61.3 84.1 83.1 Child support enforcement 52.9 61.8 46.4 54.0 51.4 Representing government in a civil lawsuit 52.9 47.1 32.1 44.8 79.0 Note: Data on the percentage of offices handling misdemeanor cases were available for 2,330 offices; traffic violations, 2,332 offices; child support enforcement, 2,331 offices; and representing the government in civil lawsuits 2,330 offices. Survey question: In addition to felony cases, does your office have responsibility for or jurisdiction over any of the following? ---------------------------------------------------------------------------------------------- --------------------------------------------------- Staffing of prosecutors' offices -------------------------------------------------- In 1996 the Nation's prosecutors' offices employed a workforce of about 71,000 full-time and part-time staff, including assistant prosecutors, paralegals, investigators, victim advocates, and support staff (table 2). This total represents an increase of 25% in total staff from 1992 and 9% from 1994. Support staff, including clerks and secretaries, comprised about 35% of total office staff. Assistant prosecutors responsible for at least some phase of felony criminal cases made up a third of total staff. The number of assistant prosecutors grew to 24,000 in 1996. This represents an increase of 20% over the number of assistant prosecutors in 1990, 13% more than the number in 1992, and 8% more than in 1994. In 1992 and 1994, total employment in prosecutors' offices accounted for about 4% of all State and local justice employment ***Footnote 2: Justice Expenditure and Employment Extracts, 1994, BJS report, forthcoming, reports a total State and local justice system employment of 1,901,773 in October 1994. Justice Expenditure and Employment Extracts, 1992, BJS report, forthcoming, has a total of 1,635,502 employees for October 1992.*** -------------------------------------------------------------- Table 2. Personnel categories in prosecutors' offices, 1996 Percent of total personnel in prose- cutors' offices nationwide ------------------------------------------------------ Total 100% Chief prosecutor 3 Assistant prosecutors 34 Managers/supervisors/a 3 Legal servicesb/ 4 Victim advocates 5 Staff investigators 10 Support staff/c 35 Other/d 6 Number of personnel 71,000 ------------------------------------------------------ Note: Detail may not add to 100% because of rounding. Data on the number of chief prose- cutors were available for all offices. Data on the number of assistant prosecutors, manag- ers, legal services personnel, victim advocates, staff investigators, support staff,and other personnel were available for 2,341 offices. a/Managers/supervisors includes any attorneys in non-litigating, managerial, or supervisory positions. If managers/supervisors litigate cases, they are included in the number of assistant prosecutors. b/Legal services includes law clerks and paralegals. c/Support staff includes secretaries, clerks and computer specialists. d/Includes civil attorneys and family support staff. Survey question: How many of the following types of staff members are employed in your office? ------------------------------------------------------ In 1996 almost three-quarters of all offices reported employing a full-time chief prosecutor. In 1990 the percentage of full-time chief prosecutors was 53% nationwide. Sixty percent of all offices employed at least one full-time assistant prosecutor. Overall, 91% of the total staff positions were full-time. In part-time offices about 16% of staff members were full-time employees. In 1996 the median total staff size was nine, including the chief prosecutor (table 3). Half of all offices reported three or more assistant prosecutors, not including the chief prosecutor. In 1994 the median total staff size was eight, with a median of two assistant prosecutors not including the chief prosecutor. In 1996 full-time offices in large jurisdictions had a median total staff size of 414, with a median of 163 assistant prosecutors, not including the chief prosecutor and 138 support staff. Half of part-time offices reported three or more staff members. ------------------------------------------------------------------------------------------------------- Table 3. Median staff size in prosecutors' offices, by type of office and personnel categories, 1996 Median ---------------------------------------------------------------- Full-time offices (population served) -------------------------------------------------------- All 1,000,000 250,000 Under Part-time offices or more to 999,999 250000 offices ------------------------------------------------------------------------------------------------------ Total staff size\a 9 414 103 10 3 Number of assistant prosecutors 3 163 41 3 1 Number of managers\b 0 10 2 0 0 Number of legal services personnel\c 0 24 4 0 0 Number of victim advocates 1 8 5 1 0 Number of staff investigators 0 42 10 1 0 Number of support staff\d 3 138 33 3 1 Number of offices 2,341 34 178 1,516 613 a\Includes the chief prosecutor. b\Managers/supervisors includes any attorneys in non-litigating, managerial, or supervisory positions. If managers/supervisors litigate cases, they are included in the number of assistant prosecutors. c\Legal services includes law clerks and paralegals. d\Support staff includes secretaries, clerks, and computer specialists. ---------------------------------------------------------------------------------------------------------- --------------------------------------------------- Length of service and salary of chief prosecutor --------------------------------------------------- The median length of service for chief prosecutors nationwide (elected or appointed) was 6.0 years. Eighteen percent of all chief prosecutors had served 2 years or less. About a quarter had served 12 years or more. The longest tenure among surveyed respondents was 32 years. In 1994 half of all chief prosecutors had served 4.7 years or more. The median length of service for chief prosecutors in full-time large offices was 6.6 years, for full-time medium offices, 6.0 years; for full-time small offices, 7.7 years; and for chief prosecutors in part-time offices, 4.8 years. In 1996 half of all offices reported that the chief prosecutor earned $64,000 per year or more. The median salary for chief prosecutors in full-time large offices was $115,000; for full-time medium offices, $97,000; for full-time small offices, $69,000; and for chief prosecutors in part-time offices, $36,000 (shown in Highlights). --------------------------------------------------- Budget of prosecutors' offices --------------------------------------------------- In 1996 half of all offices received 88% or more of their funds for prosecutorial functions from the county government. About 36% of offices relied exclusively on the county government for their budget. In 1994, 46% of offices reported receiving their total prosecu-torial budget from the county government. Almost half of all offices indicated that some portion of their budget came from State funds in 1996. Twenty-nine percent of all offices received funding from State and Federal grants in 1996 compared to 17% in 1994. All surveyed part-time offices received total funding from the county government. Half of all offices reported an annual budget for prosecutorial functions of $254,000 or more in 1996 (table 4). The average budget for all offices was nearly $1.5 million. Reported budgets ranged from $21,000 to $255 million. In 1994, when adjusted for inflation, the median budget for all offices was $239,000, and the mean budget was $1.4 million. There was no statistically significant change in the adjusted mean budget between 1994 and 1996. ---------------------------------------------------------------------------------------------- Table 4. Budget for prosecutorial functions, by type of office, 1994-96 Budget for Full-time offices (population served) prosecutorial All 1,000,000 250,000 Under Part-time functions offices or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------ Mean 1994* 1,430,000 30,360,000 6,320,000 510,000 123,000 1996 1,480,000 35,170,000 6,680,000 560,000 140,000 Median 1994* 239,000 23,300,000 5,200,000 256,000 79,000 1996 254,000 25,500,000 4,800,000 293,000 90,000 Note: The 1994 budget information was available for 1,788 offices. The 1996 budget information was available for 2,121 offices. *1994 budget information is adjusted for inflation and presented in 1996 dollars. ----------------------------------------------------------------------------------------------- --------------------------------------------------- Prosecutors' offices with districts serving population of 1 million or more, 1996 State Office Population CA Los Angeles 9,127,751 IL Cook 5,096,540 TX Harris 3,126,966 CA San Diego 2,655,463 CA Orange 2,636,888 AZ Maricopa 2,611,327 NY Kings 2,273,966 FL 11th Judicial Circuit 2,076,175 MI Wayne 2,039,819 TX Dallas 2,000,192 NY Queens 1,980,643 WA King 1,619,411 CA Santa Clara 1,599,604 CA San Bernardino 1,598,358 NY New York 1,533,774 PA Philadelphia 1,478,002 FL 17th Judicial Circuit 1,438,228 CA Riverside 1,417,425 MA Middlesex District 1,412,561 OH Cuyahoga 1,401,552 NY Suffolk 1,356,896 CA Alameda 1,328,139 TX Bexar 1,318,322 TX Tarrant 1,305,185 NY Nassau 1,303,389 PA Allegheny 1,296,037 NY Bronx 1,193,775 FL 6th Judicial Circuit 1,180,443 MI Oakland 1,162,098 CA Sacramento 1,117,275 MN Hennepin 1,058,746 NV Clark 1,048,717 OH Franklin 1,013,724 MO St. Louis 1,003,807 The 34 largest prosecutors' offices in the Nation serve 24% of the U.S. population. The median population served was about 1.4 million. Thirty percent of all staff employed by prosecutors' offices nationwide worked in these 34 largest offices, including over 7,400 assistant prosecutors, 1,800 investigators, and 7,000 support staff. Virtually all (97%) of the staff employed in these 34 offices worked full-time. Between 1994 and 1996 the mean budget when adjusted for inflation for the 34 full-time large offices increased from $30 million to $35 million, an increase of 16%. Approximately 438,000 felony cases were closed by the 34 largest offices. About 318,000 of the felony cases disposed of resulted in a felony or misdemeanor conviction. Prosecutors in the 34 largest offices handled over 20,000 trials disposed by jury verdict. Overall, the 34 largest offices proceeded against 7,000 juveniles in criminal court. About half of the offices had written guidelines about proceeding against juveniles in criminal court and a specialized unit or designated attorney that handled such cases. Nearly three-fourths of offices serving 1 million or more residents reported that an assistant prosecutor was threatened or assaulted. ---------------------------------------------------------------------- ------------------------------------------------------------ Prosecutors' offices with a part-time chief prosecutor, 1996 In about 26% of the Nation's prosecutors' offices the chief prosecutor occupied a part-time position. These offices serve a population of approximately 16 million, representing almost 6% of the total U.S. population. The median population each office served was about 17,000. In 1996 the total workforce in offices with a part-time prosecutor was 3,100, which accounted for 4% of the total employment for all prosecutors' offices in the country. The median staff size was three. On average, offices with a part-time chief prosecutor had an annual budget of $90,000 in 1996. The sole source of funding for part-time offices was their county governments. Half of the part-time offices closed 221 criminal cases or more in 1996. In at least half of the offices, 96% of the cases closed resulted in a conviction. Most (97%) of the cases closed by part-time offices were misdemeanor cases. There was a median of two felony jury trial verdicts. In about a quarter of part-time prosecutors' offices, the chief prosecutor was threatened or assaulted. Twelve percent of offices reported that an assistant prosecutor received a work-related threat or assault. In 1996, 15% of part-time offices used DNA evidence during felony trials or plea negotiations. Part-time offices most often used DNA evidence in prosecuting cases dealing with sex offenses. About 40% of part-time offices indicated having office e-mail, 32% access to the Internet, 29% electronic research capabilities and 11% access to the National Crime Information Center (NCIC). ------------------------------------------------------------------- -------------------------------- Number of cases and conviction -------------------------------- In 1996 the median number of criminal cases closed by all offices was 900 (table 5). In at least half of all offices, 88% of cases resulted in a felony or misdemeanor conviction. The median number of felony cases closed for all offices was 250, with a median conviction rate of 89%. Half of all offices were involved with 8 or more felony jury trials that resulted in a verdict. -------------------------------------------------------------------------------------------- Table 5. Criminal cases closed and convictions by prosecutors' offices, 1996 Median ---------------------------------------------------------------- Full-time offices (population served) --------------------------------------- Criminal cases All 1,000,000 250,000 Under Part-time closed offices or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------ All \a,b 900 39,445 13,334 900 221 Percent convicted 88% 76% 81% 87% 96% Felony\c 250 11,197 2,928 260 57 Percent convicted 89% 90% 87% 89% 93% Misdemeanor\d 825 30,167 11,435 825 200 Percent convicted 91% 77% 76% 90% 98% Felony jury trial verdicts 8 491 126 9 2 ------------------------------------------------------------------------------------------ Note: Data on the total number of criminal cases closed were available for 991 offices; on felony cases closed, for 1,212 offices; and on misdemeanor cases closed, for 992. Conviction percentages for total criminal cases closed were available for 805 offices; for felony cases closed, 1,068 offices; and for misdemeanor cases closed, 830 offices. Data on felony trial verdicts were available for 1,345 offices. a\Cases refers to a defendant. A defendant with multiple charges was counted as one case. b\Closed case means any case with a judgment of conviction, acquittal, or dismissal with or without prejudice entered by the court. c\Each respondent categorized cases as felonies according to the State statute. d\Misdemeanor cases refer to cases in which criminal defendants had no felony charges against them. ------------------------------------------------------------------------------------------------ In half of the full-time large offices, each office closed over 11,000 felony cases and 30,000 misdemeanor cases. In at least half of the full-time large offices, 90% of felony cases and 77% of misdemeanor cases resulted in a conviction. Half of part-time offices reported a conviction rate of 93% or higher for felony cases and 98% or higher for misdemeanor cases. Full-time large offices were involvedwith a median of 491 felony jury trials that resulted in a verdict. The median annual number of felony cases closed by full-time medium offices was 2,928; by full-time small offices, 260; and by part-time offices 57. Neither the number of felony cases closed nor the conviction rates per office changed significantly between 1992 and 1996 (table 6). ----------------------------------------------------------------------------- Table 6. Felony cases closed and convicted by prosecutors' offices, 1992-96 Number of cases ---------------------- 1992 1994 1996 ------------------------------------------------------------------- Mean\a,b,c Felony cases closed per office 966 1,018 1,088 Conviction rate per office 83% 86% 86% Median Felony cases closed per office 203 250 250 Conviction rate per office 87% 87% 89% ---------------------------------------------------------------------------------------- Note: For 1992 data on the number of felony cases closed were available for 1,633 offices; the number of felony convictions for 1,533. For 1994 data on the number of felony cases closed were available for 1,252 offices and the number of felony convictions for 1,037 offices. For 1996 data on the number of felony cases closed were available for 1,212 offices and the number of felony convictions for 1,068 offices. a/Cases refers to a defendant. A defendant with multiple charges was counted as one case. b/Closed case means any case with a judgment of conviction, acquittal, or dismissal with or without prejudice entered by the court. c/Respondents categorized cases as felonies according to their State statute. ------------------------------------------------------------------------------------------- -------------------------------------------------------------- Estimating the number of felony cases convicted in State courts Estimates of the number of cases closed and convicted are based on information supplied by less than 50% of prosecutors' offices nationwide (tables 5 and 6). The BJS National Judicial Reporting Program (NJRP), which compiles detailed information on sentences and characteristics of convicted felons every 2 years, provides better and more complete information on felony cases disposed in State courts nationwide. According to NJRP, State courts convicted 872,217 adults of a felony in 1994, a decrease from 893,630 in 1992. For more details, see Felony Sentences in State Courts, 1994, NCJ 163391, and Felony Sentences in State Courts, 1992, NCJ 151167. ------------------------------------------------------------------- ------------------------------------------------------------ Work-related threats or assaults against prosecutors' staff ------------------------------------------------------------ Almost half of all offices in 1996 indicated that a staff member experienced a work-related threat or assault (table 7). This was unchanged from 1994. In 1992, 17% of offices reported that their chief prosecutor was threatened or assaulted; in 1996 the percentage rose to 30%. ----------------------------------------------------------------------------------------------- Table 7. Work-related threats and assaults received by members of prosecutors' offices, 1992-96 Percent of all offices ----------------------------------------------- 1992 1994 1996 ----------------------------------------------------------------------------------------------- Threats or assaults received by 28.4% 50.9% 49.0% members of prosecutors' offices* Chief prosecutor 17.4 30.6 30.3 Assistant prosecutor 6.4 27.6 26.0 Staff investigator 3.4 8.5 6.4 Note: Data in 1992 on overall work-related threats or assaults were available for 2,396 offices; in 1994, for 2,263 offices; and in 1996, for 2,270 offices. *Member refers to the chief prosecutor, assistant prosecutors, and staff investigators. --------------------------------------------------------------------------------------------------- Nearly 73% of full-time large offices reported that at least one assistant prosecutor had been threatened or assaulted, 56% of full-time medium offices, 27% of full-time small offices, and 12% of part-time offices (table 8). ------------------------------------------------------------------------------------------------------- Table 8. Work-related threats and assaults received by members of prosecutors' office, 1996 Percent of offices ---------------------------------------------------------------------- Member of office Full-time offices (population served) receiving work-related --------------------------------------- threat or assault All 1,000,000 250,000 Under Part-time offices or more to 999,999 250,000 offices -------------------------------------------------------------------------------------------------------- Chief prosecutor 30.3% 51.5% 34.8% 31.5% 24.9% Assistant prosecutor 26.0 72.7 56.3 27.3 11.7 Staff investigator 6.4 24.2 13.3 7.8 0 Number of offices 2,268 33 158 1,498 579 -------------------------------------------------------------------------------------------------------- Note: Zero indicates no cases in the sample. Survey question: In 1996, did any member of the prosecutors' office receive any work-related threats or assaults? -------------------------------------------------------------------------------------------------------- ------------------------- DNA evidence ------------------------- DNA evidence was used by 49% of all offices in 1996 (table 9). About 41% of prosecutors' offices indicated using DNA evidence during plea negotiations, and 34% indicated use during felony trials. Offices most often used DNA evidence in cases involving sex offenses (43%) and murder and manslaughter (28%). ------------------------------------------------------------------------------------------------- Table 9. DNA evidence used by prosecutors' offices, 1996 Percent of offices ------------------------------------------------------------- Full-time offices (population served) ------------------------------------- Use of All 1,000,000 250,000 Under Part-time DNA evidence offices or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------------- Used at any time 49.2% 100.0% 97.6% 56.4% 15.3% Stage of case Plea negotiations 41.1% 90.9% 84.1% 48.3% 9.8% Trial 34.2 100.0 91.8 36.7 9.8 Type of offense Murder, manslaughter 27.5% 93.9% 87.5% 28.8% 4.2% Sex offenses 42.7 100.0 96.4 46.5 15.3 Aggravated assault 4.2 36.4 13.7 4.2 0 Robbery 2.9 15.2 13.7 2.6 0 Burglary 2.7 21.2 12.6 2.3 0 Forensic laboratory performing DNA analysis FBI 11.2% 42.4% 32.1% 11.6% 2.9% State-operated 36.1 39.4 72.6 43.1 8.5 Local agency 3.0 54.5 16.1 1.6 0 Privately operated 20.2 87.9 67.7 17.7 9.8 Number of offices 2,330 33 168 1,516 613 Note: Zero indicates no cases in the sample. Survey questions: In 1996, did your office use DNA evidence during plea negotiations or during felony trials? For which type(s) of felony offenses did your office use DNA evidence during plea negotiations or trials? Which laboratory (ies) performed the DNA analysis? --------------------------------------------------------------------------------------------------- Various laboratories performed the DNA analysis for prosecutors' offices. Thirty-six percent of offices reported using a State-operated forensic laboratory to analyze DNA evidence; 20% reported a privately operated forensic laboratory; and 11%, the FBI laboratory. DNA evidence was used more often in full-time large and medium offices than in either full-time small or part-time offices. Regardless of office size, DNA evidence was primarily used in cases involving sex offenses. Full-time large offices relied more extensively on privately operated forensic laboratories for DNA analysis than other office types. Almost 73% of full-time medium offices reported using a State-operated forensic laboratory to conduct the DNA analysis, as did 43% of full-time small offices, 39% of full-time large offices, and 9% of part-time offices. --------------------------------------------------- Juveniles proceeded against in criminal court --------------------------------------------------- In 1996 three-fourths of all offices reported proceeding against juveniles in criminal court (not shown in a table). In 1994, 59% of all offices indicated handling juvenile cases transferred to criminal court. Overall, an estimated 27,000 juveniles were proceeded against in criminal court by prosecutors' offices in 1996 (table 10). Half of all offices indicated having proceeded against 5 or more juveniles in criminal court. The median number of juveniles proceeded against in criminal court by full-time large offices was 93; by full-time medium offices, 24; full-time small offices, 4; and part-time offices, 3. ------------------------------------------------------------------------------------------------------------------------ Table 10. Juveniles proceeded against in criminal court, by prosecutors' offices, 1996 Full-time offices (population served) ----------------------------------------- Juveniles proceeded against All offices 1,000,000 250,000 Under Part-time in criminal court or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------------------------------------- Total, 1996* 27,000 7,000 9,000 10,000 1,000 Median number, per office 5 93 24 4 3 Percentage of offices with specialized unit or designated attorney who handles juvenile cases 35.0% 50.0% 60.1% 34.2% 29.2% Percentage of offices with written guidelines for handling juvenile cases 11.6% 55.9% 41.1% 9.5% 5.9% ------------------------------------------------------------------------------------------------------------------------- Note: Data were available for 1,337 of the 1,773 offices proceeding against juveniles in criminal court. Data on a specialized unit or a designated attorney that handles juvenile cases proceeded against in criminal court were available for 2,313 offices. Data on written guidelines about handling juvenile cases in criminal court were available for 2,257 offices. *Juvenile cases proceeded against in criminal court include cases that reached criminal court by judicial waiver, statutory exclusion, direct filing by prosecutor's office, or any other mechanism available in the prosecutor's State. Survey questions: In 1996, did your office proceed against any juveniles in criminal court? Does your office have a designated attorney(s) or a specialized unit that handles juvenile cases proceeded against in criminal court? Does your office have written guidelines about proceeding against juvenile cases in criminal court? ------------------------------------------------------------------------------------------------------------------------ A third of offices indicated that a specialized unit or designated attorney(s) handled juvenile cases pros- ecuted in criminal court. Over 60% of full-time medium offices had a specialized unit that handled juveniles proceeded against in criminal court, as did 50% of full-time large offices, 34% of full-time small offices, and 29% of part-time offices. About 12% of all offices indicated having written guidelines about proceeding against juvenile cases in criminal court. Full-time large offices were more likely than any other office type to have written guidelines for proceeding against juveniles in criminal court. ------------------------- Computerization ------------------------- In 1996 about a third of all offices reported being part of an integrated computerized system with other criminal justice agencies. In 1994 a little more than a quarter of all offices indicated being part of such a system. In 1996, 23% of offices indicated being part of an integrated system with the courts, 16% with law enforcement, and 9% with district attorney offices statewide (table 11). --------------------------------------------------------------------------------------------------------- Table 11. Prosecutors' offices participation in an integrated computer system with other criminal justice agencies, 1996 Percent of offices --------------------------------------------------------- Full-time offices (population served) ----------------------------------------- All offices 1,000,000 250,000 Under Part-time offices or more to 999,999 250,000 offices --------------------------------------------------------------------------------------------------------- Part of an integrated computerized system with other criminal justice agencies 31.4% 76.5% 72.0% 37.0% 4.2% Criminal justice agencies Law enforcement 16.2% 55.9% 44.0% 17.5% 2.9% Courts 22.6 70.6 61.9 26.4 0 Pretrial service 1.2 14.7 7.7 0.7 0 Public defender 1.5 14.7 17.2 0 0 Corrections 4.2 17.6 19.6 3.9 0 Statewide district attorney offi 8.6 14.7 13.7 10.9 1.3 Number of offices 2,297 34 168 1,482 613 -------------------------------------------------------------------------------------------------------- Note: Zero indicates no cases in the sample. Survey question: Is your office part of an integrated computerized system with other criminal justice agencies? ------------------------------------------------------------------------------------------------------- Over 76% of full-time large offices reported being part of an integrated system, 72% of full-time medium offices, 37% of full-time small offices, and 4% of part-time offices. Full-time offices were the most likely to be part of an integrated computerized system with the courts, followed by law enforcement agencies. Nearly 46% of all offices indicated having electronic research capabilities such as Westlaw or Lexis-Nexis, 40% indicated having office e-mail, 36% having access to the Internet, 31% access to the National Crime Information Center NCIC), and 4% a web site on the Internet (table 12). ------------------------------------------------------------------------------------------------------------ Table 12. Computer use in prosecutors' offices, 1996 Percent of offices ------------------------------------------------------------------------- Full-time offices (population served) ----------------------------------------- Use of computer All 1,000,000 250,000 Under Part-time offices or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------------------------ Office e-mail 39.8% 91.2% 75.0% 33.3% 43.2% Access to the Internet 35.5 76.5 61.9 33.1 31.8 Web site on the Internet 4.3 47.1 29.8 2.3 0 Electronic research capabilities 45.6 97.1 77.4 47.7 29.0 Access to the National Crime Information Center (NCIC) 31.4 79.4 73.2 34.0 11.1 Number of offices 2,331 34 168 1,516 613 Note: A zero indicates no cases in the sample. Survey question: Does your office have any of the following? ------------------------------------------------------------------------------------------------------------ About 47% of full-time large offices reported having a web site on the Internet, 30% of full-time medium offices, and 2% of full-time small offices. Over 70% of full-time large and medium offices indicated access to the NCIC. --------------------------------------------------- Appendix table A: Accounting for changed full-time office categories, 1994 --------------------------------------------------- The full-time office categories used for the 1996 NSP report differ from those used for the 1994 NSP report. The 1994 categories were changed because they resulted in an overestimation of the number of offices representing districts with a population of 500,000 or more. In 1994 the BJS survey estimated that there were 127 offices serving districts with a population of 500,000 or more. The actual number was 107 offices. ------------------------------------------------------------------------------------------------------------------------------------------ Appendix table A. State court prosecutors' offices, 1994 Full-time offices (population served) ----------------------------------------------------- All offices 1,000,000 250,000 Under Part-time offices or more to 999,999 250,000 offices ------------------------------------------------------------------------------------------------------------------------------------------ Number of offices 2,343 33 181 1,446 683 Median Population served, 1992 29,480 1,411,209 506,593 40,320 16,196 Total staff size, 1994 8 370 100 10 4 Budget for prosecution, 1994 $226,000 $22,000,000 $4,900,000 $242,000 $75,000 Staff Assistant prosecutors 2 152 36 3 1 Managers 0 15 2 0 0 Legal services personnel 0 13 3 0 0 Victim advocates 1 9 4 1 0 Staff investigators 0 46 7 0 0 Support staff 2 114 30 3 1 Number of offices (staff) 2,343 32 175 1,403 683 Criminal cases closed (median number 985 36,749 10,371 1,095 586 of felonies and misdemeanors) 87.0% 83.0% 73.0% 87.0% 88.0% Percent convicted Felony cases closed 250 10,565 3,000 264 20 Percent convicted 87.0% 89.0% 86.0% 86.0% 90.0% Misdemeanor cases closed 649 26000 7718 820 379 Percent convicted 88% 77% 70% 90% 88% Threats or assaults received Chief prosecutor 30.6% 42.4% 31.8% 33.7% 23.1% Assistant prosecutor 27.6 63.6 49.2 35.9 2.7 Staff investigator 8.5 39.4 17.1 10.8 0 Number of offices (threats) 2,343 33 181 1,446 683 Part of an integrated computerized system 26.4% 78.1% 70.4% 27.7% 9.5% with other criminal justice agencies Criminal justice agencies included : Law enforcement 19.2% 53.1% 53.6% 21.8% 2.8% Courts 15.3 71.9 57.2 16 0 Pretrial service 1.8 21.9 12.5 0.9 0 Public defender 2.7 12.5 18.1 1.9 0 Corrections 4.2 31.3 30.3 2.4 0 Statewide district attorney's office -- -- -- -- -- Number of offices (computerization) 2,262 32 171 1,411 648 ------------------------------------------------------------------------------------------------------------------------------------------- Note: For classifications and definitions see the notes on the tables for 1996. Data on total number of criminal cases closed in 1994 were available for 1,092 offices; the number of felony cases closed for 1,252 and the number of misdemeanor cases closed for 1,093. Conviction percentages for total criminal cases closed were available for 928 offices, for felony cases closed, 1,037 offices, and for misdemeanor cases closed 913 offices. -- Not collected in 1994. ------------------------------------------------------------------------------------------------------------------------------------------ To correct for the overestimate, the categories were changed for the 1996 report. Appendix table A presents the 1994 NSP data with the 1996 categories to enable comparisons between the two years. ------------------------------------------------------------- Appendix table B: Known and estimated number of prosecutors' offices in 1996 ------------------------------------------------------------- In any sample survey, the weighted data from respondents provide an estimate that may differ from the true value. According to categories of population that prosecutors' offices served, the survey's estimated distribution of the number of offices in 1996 varied slightly from the actual count of those offices. ----------------------------------------------------------------------------------------------- Appendix table B. Population served by prosecutors' offices, 1996 Number of prosecutors' offices ----------------------------------- Difference between 1996 population 1996 National Survey of estimate and actual served Actual Prosecutors estimate number ------------------------------------------------------------------------------------------------- 1,000,000 or more 34 34 0 250,000 to 999,999 191 180 -11 50,000 to 249,999 714 714 0 Under 50,000 1,404 1,415 11 Total number of offices 2,343 2,343 ------------------------------------------------------------------------------------------ Note: The actual number of prosecutors' offices is based on a master list compiled by BJS for sampling purposes. The 1996 county population value assigned to each office came from the U.S. Bureau of the Census web site, http://www.census.gov/population/www/estimates/countypop.html. ------------------------------------------------------------------------------------------ ------------ Methodology ------------ The chief prosecutors surveyed are a nationally representative sample of those that prosecute felony cases in State courts of general jurisdiction. Questionnaires were mailed to 308 chief prosecutors from the approximately 2,343 who try felony cases in State courts. Sampling frame The sampling frame and sample used for the 1996 NSP is the same as that employed for the 1994 NSP. To construct the 1994 NSP sampling frame, a list of all prosecutorial districts that handle felony cases was compiled from the approximately 3,100 counties and independent cities in the U.S. (total = 2,343). Except for Connecticut, prosecutorial districts can comprise one or more counties and independent cities. To compile the list, statutes for the 50 States and the District of Columbia were reviewed to see how each State selects prosecutors and how prosecutors are organized (such as by county, judicial district, or geographical district). A file was created that contained the listing of the 2,343 prosecutorial districts, 1992 population figures, and 1992 UCR Part I adult arrest data by county. The file was sent to the Bureau of the Census to draw a stratified systematic sample. ---------------------------------------------------------------- 1996 ------------------------------------------ Stratum definition Number of Number of Number of by number of arrests actual units sampled units respondents ----------------------------------------------------------------- 1 = 4,800 or more 94 94 89 2 = 2,700 to 4,799 71 41 38 3 = 1,100 to 2,699 186 50 43 4 = 450 to 1,099 329 46 39 5 = 150 to 449 511 36 29 6 = fewer than 150 1,152 41 34 ------------------------------------------ 2,343 308 272 ---------------------------------------------------------------- Sample The 2,343 prosecutorial districts were grouped together into 6 strata, depending on the number of Part I adult arrests in 1992. Within each stratum, districts were selected for the sample based on 1992 population. A sample of 308 districts was chosen that is expected to yield a coefficient of variation of about 2 percent for sample estimates related to population size. The creation of prosecutorial districts eliminated the possibility that an individual prosecutor would be selected more than once. Each prosecutor had only one chance to be in the sample. Ideally, statistics computed using sample survey responses have an "analysis weight" for conversion of sample results to statistics applicable to the entire population. In the NSP context, the entire population is that of felony prosecutors in State courts. The analysis weight that was applied to the data provided by the sampled office was based on the inverse of the probability of selection for NSP. Each of the 94 offices in stratum 1 was selected with certainty resulting in the weight of 1. Some statistical nonresponse adjustment was made for the 28 offices in strata 3 to 6 that did not respond to the 1996 survey. Sampling error Because the data in this report came from a sample, a sampling error (standard error) is associated with each reported number (Appendix table C). In general, if the difference between two numbers is greater than twice the standard error for that difference, there is a 95-percent confidence of a real difference that is not simply the result of using a sample rather than the entire population. All the differences discussed in the text of this report were statistically significant at or above the 95-percent confidence level. ---------------------------------------------------- Appendix table C. Selected estimates and standard errors, 1996 survey One standard Estimate error ---------------------------------------------- Total number of -- Personnel 70,526 1,683 Assistant prosecutors 24,040 527 Juvenile cases proceeded against in criminal court 26,568 3,390 Felony cases closed 1,318,000 57,782 Mean of -- Population served 116,160 2,531 1996 budget for prosecution $1,478,272 $55,601 Felony cases closed 1,088 93 Percent of offices -- Using DNA evidence in plea negotiations or felony trials 49.2% 4.4% With a staff member receiving a work- related threat or assault 49.0% 4.9% Part of an integrated computer system with other criminal justice agencies 31.4% 3.6% -------------------------------------------------- ----------------- Data collection ----------------- The 1996 survey was conducted through a mailed questionnaire, consisting of 14 questions that encompassed 123 items of information. The questionnaires were mailed to the survey participants by the Bureau of Justice Statistics in June 1997. Follow-up continued until December 1997. Of the 308 prosecutors' offices in the survey, 272 completed the questionnaire (2 offices providing only partial information). For the five offices in Stratum 1 and three offices in Stratum 2 that did not complete the 1996 NSP questionnaire, staffing information obtained from the 1994 NSP was used as estimates for 1996 staffing. For the 1994 NSP, 269 offices completed the survey, and for the 1992 NSP, 262 offices. Overall, the survey response rate was about 88%. Several kinds of requested information were difficult for prosecutors= offices to provide, such as workload statistics, data related to number of juvenile transfers, and budget information. About 40% of survey respondents did not provide information on the number of felony cases closed and 54% did not provide information on misdemeanor cases closed. Of the 240 office respondents that reported proceeding against juveniles in criminal court, 12% were unable to provide the number of cases handled. In 1996 budget figures for prosecutorial functions were missing in 11% of survey responses. -------------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jan M. Chaiken, Ph.D., is director. BJS Bulletins present the first release of findings from permanent data collection programs such as the National Survey of Prosecutors. Carol J. DeFrances, Ph.D., and Greg W. Steadman of BJS wrote this report. Carma Hogue of the Bureau of the Census designed the sample. Andrew Press of BJS, James Polley, IV, of the National District Attorney's Association, and prosecutor coordinators from various States assisted with data collection. Todd Minton, Dorothea Proctor, and Donna Oliphant of BJS assisted with data entry. Kevin J. Strom provided statistical review. Jane Sigmon, Ph.D., and Elaine Nugent of the American Prosecutors Research Institute, and James Polley, IV, reviewed the report. Tom Hester produced and edited the report. Yvonne Boston did the final edit and prepared the report for printing. Tina Dorsey produced the Internet version. Marilyn Marbrook, administered final production. July 1998, NCJ 170092 --------------------------------------------------------------- --------------------------------------------------------------- Data from the National Survey of Prosecutors, 1996 (ICPSR 2433) can be obtained from the National Archive of Criminal Justice Data at the University of Michigan, 1-800-999-0960. The report, data, and supporting documentation are also available from the BJS web site: http://www.ojp.usdoj.gov/bjs/ --------------------------------------------------------------- END OF FILE 7/16/98, tld