U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Bulletin Felony Sentences in State Courts, 2002 December 2004, NCJ 206916 --------------------------------------------------------------- This file is text only without graphics and many of the tables. A Zip archive of the tables in this report in spreadsheet format (.wk1) and the full report including tables and graphics in .pdf format are available from: http://www.ojp.usdoj.gov/bjs/abstract/fssc02.htm 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#fssc ---------------------------------------------------------------- By Matthew R. Durose and Patrick A. Langan, Ph.D. BJS Statisticians ---------------------------------------------------------------- Highlights * In 2002 State courts convicted an estimated 1,051,000 adults of a felony. Federal courts convicted 63,217, bringing the combined U.S. total to 1,114,217. State courts accounted for 94% of the national total. * Drug offenders were 32% of felons convicted in State courts in 2002. Property offenders made up 30.9%; violent offenders, 18.8%; and those convicted of weapon offenses and other nonviolent crimes made up the rest (18%). * State courts sentenced 41% of convicted felons to a State prison, 28% to a local jail, and 31% to straight probation with no jail or prison time to serve. * The average State court sentence to local jail was 7 months. The average probation sentence was 3 years and 2 months. A fine was imposed on 25% of convicted felons, restitution on 12%, community service on 4%, and treatment was ordered for 3%. * The average sentence length to State prison has decreased since 1994 (42 years versus 6 years), but felons sentenced in 2002 were likely to serve more of that sentence before release (51% versus 38%). * Guilty pleas accounted for 95% of felony convictions in State courts in 2002. Trial convictions accounted for the remaining 5%. * Nationally, of the felons convicted in State courts in 2002, 60% were white, 37% were black, and 3% were other races. * Persons in their twenties represented about 18% of the adult U.S. population but 41% of convicted felons. The mean age of felons was 32 years; the median was 30. * The median time from arrest to State court sentencing in 2002 was about 6 months. An estimated 78% of convicted felons were sentenced within 1 year of arrest. -------------------------------------------------------------------- In 2002 State courts convicted an estimated 1,051,000 adults of a felony. Forty-one percent of convicted felons were sentenced to a State prison, and 28% were sentenced to a local jail (usually for a year or less). The remaining 31% were sentenced to probation. These findings come from a survey conducted every 2 years and is the Nation's sole source of statistical information on the sentences felons receive in State courts nationwide. National Judicial Reporting Program The National Judicial Reporting Program (NJRP) compiles detailed information on the sentences and characteristics of convicted felons. Previous NJRP surveys of felony sentencing in State courts have been conducted every 2 years since 1986. The 2002 survey was based on a sample of 300 counties (out of the Nation's approximately 3,100 counties) selected to be nationally representative. The 300 included at least 1 county from every State except, by chance, Nevada, South Dakota, and Wyoming. The 2002 survey excluded Federal courts and those State or local courts that did not adjudicate adult felony cases. According to the BJS Federal Justice Statistics Program, Federal courts convicted 63,217 persons of a felony in 2002 (see page 3).***Footnote 1: By comparison, the State court in county, Los Angeles, accounted for about 39,000 felony convictions in 2002.*** That number represents 6% of the combined State and Federal total number of felony convictions during 2002. The 2002 survey included only offenses that State penal codes defined as felonies. Felonies are widely defined as crimes with the potential of being punished by more than 1 year in prison. Felony conviction offenses An estimated 1,051,000 persons were convicted of a felony in State courts in 2002, including 197,030 (or 18.8% of the total) for a violent felony; 325,200 (30.9%) for property offenses of burglary, larceny, fraud, and forgery; 340,330 (32.4%) for drug offenses; and 32,470 (3.1%) for weapon offenses. The remaining 155,970 (14.8%) consisted of persons convicted of nonviolent offenses such as receiving stolen property and escaping custody. Marijuana trafficking convictions were 2.0% of the conviction total, and marijuana possession convictions were 1.7% of the total. Sentences for felonies In 2002, 69% of all convicted felons were sentenced to a period of confinement -- 41% to State prisons and 28% to local jails. Jail sentences are for short-term confinement (usually for a year or less) in a county or city facility, while prison sentences are for long-term confinement (usually for over a year) in a State facility. An estimated 31% of all convicted felons were sentenced to probation with no jail or prison time to serve. Over 90% of all convictions for murder and nonnegligent manslaughter resulted in a prison sentence, as did a majority of felony convictions for sexual assault (59%) and robbery (71%). Sentence length An offender convicted of multiple offenses receives a sentence for each offense. If multiple prison sentences are imposed, the court then decides whether the convicted felon will serve the sentences concurrently (at the same time) or consecutively (one after another). For persons with consecutive sentences, the total time is the sum of the sentence lengths, and for persons with concurrent sentences, the total time is the same as the longest sentence. For persons convicted of a single offense, the total time refers simply to the sentence for that offense. Whenever an offender received a prison sentence range, such as 5 to 10 years, the total time refers to the maximum. For the Nation in 2002, the mean felony sentence to incarceration (prison or jail) was 3 years; the median was 1 year and 7 months. State prison sentences In 2002 the mean length of sentences to State prison was 4 years and 5 months; the median term was 3 years. ------------------------------------------------- Comparison of felony convictions in State and Federal courts, 2002 The vast majority of all felony convictions in the United States occur in State courts. Overall, Federal courts account for a relatively small number. * In 2002 Federal courts convicted 63,217 persons of a violent, property, drug, or other felony. State courts convicted an estimated 1,051,000, bringing the combined U.S. total to 1,114,217 felons convicted. Federal courts accounted for 6% of the national total. * Violent offenses comprised 4% of felony convictions in Federal courts but 19% of those in State courts. * In 2002, 83% of felons convicted in Federal courts were sentenced to incarceration. The remaining 17% received probation. State courts sentenced 69% of felons to incarceration (prison or jail) and 31% to straight probation. * The average Federal incarceration sentence was just under 5 years in 2002. By contrast, State incarceration sentences (prison or jail) had an average of 3 years. * Federal drug offenders received incarceration terms that were more than twice the length of drug offenders in State courts (6 years and 4 months versus 2 years and 8 months). * In 2002 Federal offenders released from prison served an average of 91% of their prison term before release. Felons convicted in State courts served a significantly smaller proportion of their total incarceration sentence. For instance, State prisoners (not including felons sentenced to jail) served about 51% of their total prison sentence in 2002. Source of Federal data: Federal statistics shown in the above table are from the same database that was used to create tables 5.1 and 5.2 of the BJS publication Compendium of Federal Statistics, 2002 (NCJ 205368). Tables 5.1 and 5.2 figures differ from the above figures because of offense definitions. ------------------------------------------------- The mean prison sentence for murder and nonnegligent manslaughter was 18 years and 9 months; the median was 20 years. Life sentences are rare among convicted felons, whether measured as a percentage of all sentences (0.5%) or as a percentage of prison sentences (1.1%). However, among the 8,990 persons convicted of murder or nonnegligent manslaughter, 24.1% were sentenced to life in prison. Not all 8,990 persons convicted of murder or nonnegligent manslaughter were subject to the death penalty. Twelve States did not authorize the death penalty in 2002. In the 38 States that did, only certain types of murder were capital offenses. Based on data collected by BJS in the National Prisoners Statistics program, 27 States received 154 prisoners under sentence of death in 2002.***Footnote 2: See Capital Punishment, 2002, NCJ 201848, November 2003.*** Jail and probation sentences Among felons who received a sentence to local jail in 2002, the mean sentence was 7 months, and the median was 6 months. Probation sentences had a mean length of about 3 years and 2 months and a median of 3 years. Estimated State prison time to be served The amount of time felons actually serve in prison is typically some fraction of the total sentence received. Two primary reasons explain the difference between sentences received and time served: In States that impose indeterminate sentences, a judge specifies the minimum and/or maximum sentence length, but a parole board decides when the prisoner will actually be released. In 2002 about a quarter of prison releases were determined by a parole board decision. In most but not all States, prisoners gain early release through time credits that they receive automatically or that are granted to them for good behavior or special achievements -- provisions that are intended to help correctional officials manage institutional populations. For both types of sentence reduction, released offenders usually serve the remaining portion of their sentences under supervision in the community. ------------------------------------------------ Felony convictions and sentences in State courts relative to the number of arrests, 2002 The number of State felony convictions in 2002 was compared to the number of crimes reported to police and the number of arrests made for these crimes in 2002. Comparisons are limited to crimes likely to be felonies. These aggregate numbers should not be interpreted as tracking individual cases through the criminal justice system. Nevertheless, the comparisons illustrate the approximate odds of conviction and a prison sentence, given an arrest for a felony. For example, the FBI reports that in 2002 almost 13,000 adults were arrested for murder (including nonnegligent manslaughter). That year, 8,990 persons were convicted of murder, and 8,181 murderers received a prison sentence. For every 100 persons arrested for murder in 2002, 70 were convicted and 64 were sentenced to prison for that offense. Corresponding findings for drug traffickers were 80 convictions and 34 prison sentences for every 100 arrests. ----------------------------------------------- To calculate time to be served by felons sentenced in 2002, the fraction of their sentence they might reasonably be expected to serve was obtained from records of inmates released from prison in a recent year. Life sentences and death sentences were excluded because it is not possible to specify the percentage served. The percentage of the sentence that released inmates had served was applied to felons sentenced to prison in 2002. Based on data collected by BJS in the National Corrections Reporting Program, inmates released from prisons in 2001 had served an average of 51% of their total sentence in prison. The percentage of sentence served ranged from 68% for those convicted of rape to a low of 40% for those convicted of drug possession. Applying these percentages to State prison sentences received in 2002, it is estimated that felons sentenced in 2002 would serve about 2¼ years, or 51% of their average 42 year prison sentence. Since life sentences and death are rare for most types of crimes, this method gives reasonably sound estimates of time to be served for most offenses (assuming, among other things, that prison release policies applicable to persons sentenced in 2002 will not differ markedly from those governing recent releases). However, life sentences and death are not rare for murder, though they are rare for nonnegligent manslaughter. Consequently, time to be served shown for murder and nonnegligent manslaughter may be a substantial underestimate: the time applies only to persons not receiving a life or death sentence. Convicted felon populations: Gender, race, and age In 2002 men comprised 48% of adults (age 18 or older) in the U.S. population but 83% of persons convicted of a felony and 89% of persons convicted of a violent felony. Whites were 82% of the adult U.S. population but 60% of persons convicted of a felony and 57% of the persons convicted of a violent felony. Corresponding figures for blacks were 12% of the adult U.S. population but 37% of convicted felons and 39% of felons convicted of a violent crime. The other racial categories (American Indians, Alaska Natives, Asians, Pacific Islanders, and mixed race) represented 6% of the U.S. population but 3% of convicted felons and 4% of those convicted of a violent crime. Persons in their twenties represented about 18% of the adult U.S. population but 41% of convicted felons. The mean age of felons was 32 years; the median was 30. Number of felony conviction offenses At time of sentencing, the vast majority of felons sentenced in 2002 (72%) were sentenced for a single felony. An estimated 18% were sentenced for two felonies, and the remaining 10% were sentenced for three or more. The number of offenses totaled about 1.5 million for which 1,051,000 felons were convicted and sentenced in 2002.***Footnote 3: The 1.5 million figure pertains to current, not past, convictions.*** The greater the number of felony convictions, the more severe was the sentence. The likelihood of a State prison sentence rose from 38% for those convicted of one felony to 45% for two felonies and 56% for three or more. ---------------------------------------------- The mean sentence to State prison also increased from 4 years for those convicted of one felony to 5 years and 2 months for those convicted of two or more. Method of conviction Of the 1,051,000 felons sentenced in 2002, 2% had been found guilty by a jury, 3% had been found guilty by a judge, and 95% had pleaded guilty. Persons convicted of murder were the least likely to have pleaded guilty (68%) and the most likely to have been convicted by a jury (27%). Of all jury trial felony convictions in 2002, 48% (12,500 cases) were for violent crime; 52% (13,520 cases) were for nonviolent crime (not shown in table). Case processing time The median time from arrest to State court sentencing in 2002 was about 6 months. In 2002, 7% of all convicted felons in State courts were sentenced within the first 30 days following their arrest, and 49% of felons were sentenced within 6 months. An estimated 78% of convicted felons were sentenced within 1 year of arrest. ----------------------------------------------- On average, murder cases took the most time to process in 2002. Less than half (42%) of all felons convicted of murder in State courts were sentenced within 1 year of their arrest. Additional penalties Besides being sentenced to incarceration or probation, 36% or more of convicted felons also were ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other additional penalty (for example, under-go house arrest or appear periodically for drug testing). A fine was imposed on at least 25% of convicted felons. Estimates of the percentages of felons receiving other penalties are 12% restitution, 3% some form of treatment, and 4% community service. Trends in the United States: 1994 to 2002 Number of convictions increasing State courts convicted an estimated 1,051,000 adults of a felony in 2002. That total is about 20% greater than the number convicted in 1994. Likelihood of arrest leading to conviction The likelihood of a felony arrest leading to a felony conviction is approximated by dividing the number of adult felony convictions in a year by the number of adult felony arrests that year. In 2002, for example, robbery convictions totaled 38,430, and robbery arrests totaled 81,340, indicating about a 47% likelihood of conviction for robbery. Since 1994 the likelihood of an arrest leading to a conviction has risen. Guilty pleas In 2002 guilty pleas accounted for 95% of all felony convictions and trials accounted for the remaining 5%. Corresponding figures for 1994 were 89% guilty pleas and 11% trials. Aging of convicted felons In 1994 persons age 30 or older comprised 77% of adults (age 18 and older) in the U.S. population and accounted for 47% of persons convicted; in 2002, persons age 30 or older comprised 78% of adults in the U.S. population and accounted for 52% of persons convicted. Prison sentences An estimated 41% of convicted felons received a State prison sentence in 2002 compared to 45% in 1994. This difference is not statistically significant, however. Of all felony offenses, burglary had one of the largest decreases in the percentage sentenced to prison between 1994 and 2002 (from 53% in 1994 to 46% in 2002) Shorter imposed prison sentences and a growing fraction of sentence served before release While prisoners are serving a growing percentage of their court-imposed sentence, the average court-imposed sentence has been decreasing. In 1994 the typical felon received a 6-year sentence and (assuming a person sentenced in 1994 served the fraction of his/her sentence as was typical among persons released in 1994) served 38% of that sentence before release, or 2¼ years. By contrast, in 2002 the typical felon received a 42 year sentence. Assuming that a person sentenced in 2002 would serve the fraction of the imposed sentence found among prisoners released in 2002, a felon would serve 51% of the typical sentence before release, or 2¼ years. Methodology Sampling Using a stratified cluster sampling design, 300 counties were selected for the 2002 survey. While there were 3,141 counties or county equivalents in the Nation in 2002, 36 reported their NJRP data in combination with another county or county equivalent. This left 3,105 jurisdictions to be divided into 20 strata. Each county was assigned to one stratum by meeting the conditions for that stratum. The largest 75 counties in the United States (as defined by the 2000 resident population) were separated from the 3,105 jurisdictions (see appendix table, page 12). Each State was then assigned a "cost-factor" (1, 3, 5) which reflected the overall cost of collecting their 2000 NJRP data. Counties in States where data collection is not costly were assigned a "1." Counties in States where data collection is moderately costly were assigned a "3." Counties in States where data collection is costly were assigned a "5." Counties in each "cost-factor" group were then separated into categories based on the size of their 2000 population. Among the Nation's largest 75 counties, those assigned a cost-factor 1 were separated into 2 strata (defined by year 2000 population size), cost-factor 3 counties remained in one stratum, and cost-factor 5 counties were separated into 2 strata (defined by year 2000 population size). Among counties that were not one of the Nation's largest 75, those assigned a cost-factor of 1 were separated into 5 strata (defined by year 2000 population size). Cost-factor 3 counties were separated into 4 strata (defined by year 2000 population size), and cost-factor 5 counties were separated into 5 strata (defined by year 2000 population size). Because the 75 largest counties account for a disproportionately large amount of serious crime in the Nation, they were given a greater chance of being selected than the remaining counties. Altogether, 58 out of the 75 largest counties were sampled. Stratum 0 consisted of the 11 counties with the largest population in 2000. All 36 counties in strata 0, 11, and 12 were selected for the sample. Strata 31, 51, and 52 consisted of the remaining 22 counties sampled from the largest 75 counties. Strata 111, 112, 113, 114, 115, 131, 132, 133, 134, 151, 152, 153, 154, and 155 included 242 counties sampled from among the 3,030 not among the 75 largest. The final sample thus included 300 counties (58 out of the 75 largest counties, and 242 out of the remaining 3,030 counties). Case-level data were successfully obtained on 455,690 convicted felons sentenced in 2002 from these 300 counties. Of these, 314,477 cases were in the 75 largest counties. The 36 sampled counties in strata 0, 11, and 12 were self-representing only, and their sampled cases therefore had a sampling weight of 1. The remaining strata were selected to represent their respective strata so that the felony conviction cases sampled had weights greater than 1. Sampling error National estimates of the number of convictions for individual crime categories and for the aggregate total had a coefficient of variation of 4.1%. Standard errors for each table in the report are available on the Internet: . Where this report compares 2002 NJRP figures to those from prior years' NJRP data, the differences discussed were statistically significant at the .05 level. Sources of data State courts were the source of NJRP data for about 44% of the 300 counties sampled. For other counties, sources included prosecutors' offices, sentencing commissions, and statistical agencies. For 299 of the 300 counties sampled, individual-level NJRP records were obtained electronically (from diskettes or the Internet). The one remaining county provided data through photocopies of official documents. All data were collected by the U.S. Census Bureau. Targeted population Since it was impractical to target sentences in 2002, cases sampled from 26 Pennsylvania counties were all sentenced in 2001; cases sampled from 1 Florida county, 8 Maryland counties, 15 Michigan counties, 12 Minnesota counties, 15 New Jersey counties, and 6 Oklahoma counties were sentenced in 2001; and cases sampled from 1 Ohio county were sentenced in 2003. The 2002 NJRP data files obtained from 2 counties -- Miami-Dade (FL) and Dallas (TX) -- showed far fewer felony convictions than what other court data sources showed for these counties. To correct the number of felony cases from these counties in 2002, the data were adjusted upward. The 2002 conviction data from 1 county -- Lake (FL) -- were adjusted to account for less than a full year of reporting. Crime definitions Crime definitions are in the BJS publication Felony Sentences in State Courts, 1996 (NCJ 173939). --------------------------------------------- The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Lawrence A. Greenfeld is director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by Matthew R. Durose and Patrick A. Langan of BJS. Mark Motivans of BJS assisted with tabulating the Federal data. Erica Schmitt and Maureen Henneberg assisted with verification. Tina Dorsey edited the report; Jayne Robinson prepared it for final printing. Sample design and selection were performed by Terri L. Carter under the supervision of Carma R. Hogue of the Economic Statistical Methods and Programming Division of the U.S. Census Bureau. Data collection and processing were performed by Victoria Campbell, Martha Greene, Monica Hill, Neil MacLean, and Patricia Torreyson under the supervision of Latrice Brogsdale-Davis of the Governments Division of the U.S. Census Bureau. January 2005, NCJ 206916 B ----------------------------------------------- End of file 12/03/04 ih