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145319 U.S. Department of Justice National Institute of Justice
This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this I • ad material has been granted by Public Domain/OJP/BJS u.s. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the fIIIIII!IIiIIII owner. u.s. Departmel\t of Justice Office of Justice Programs Bureau of Justice Statistics
Prosecutors in State Courts, 1992
By December 1993 John M. Dawson Steven K. Smith and Carol J. DeFrances This report provides the results of the about 200 felony cases and nearly BJS Statisticians second national 8JS survey of local 500 misdemeanor cases with an overall prosecu~ors' offices, a biennial statistical conviction rate of about 85%. The During the year ending June 30, 1992, half series. The survey reveals new Informa majority of offices reported that they the offices of prosecutors who try felony tion on the risks associated with being a informed victims and witnesses of cases in State courts closlld 200 or more criminal prosecutor. In more than a disposition decisions. felony cases. The median number of quarter of prosecutors' offices at least felony cases closed and resulting in a one staff member had experienced a This report would not have been possible conviction was 139. The average cost work-related threat or assault during the without the Involvement and support of was about $400 per case closed. year, and more than a third took special the Nation's local prosecutors. On behalf precautions for employee safety, such as of BJS, I want to express my deepest At midyear 1992 prosecutors' offices authorizing firearms for staff or using appreciation to the chief prosecutors employed about 57,000 total staff, with a metal detectors. and their staff members in the 262 median annual office budget of $190,000. prosecutors' offices nationwide that The median staff size was seven members. Prosecutors' offices were found to be participated in this survey. In about 70% of the Nation's prosecutors' generally small but very active - in 1992, offices, the chief prosecutor served full the median office had 7 staff, including Lawrence A. Greenfeld time. 3 prosecuting attorneys, and closed Acting Director
These findings are from the 1992 National • Many prosecutors' offices implemented • At least three-quarters of prosecutors' Prosecutor Survey Program (NPSP) of new prosecution methods to improve offices had used videotapes or polygraph the Bureau of Justice Statistics (BJS), the operations or reduce court caseloads. tests in a phase of felony prosecution. most recent in a series of biennial sample The following were the percentages A fourth had used DNA evidence in felony surveys of State court prosecutors. trials. Other major findings include: of prosecutors' offices that used - Vertical prosecution (59%) • While almost all the prosecutors regularly • In over a quarter oj' prosecutors' offices Deferred prosecution (51 %) used adult criminal history records in felony someone on the staff had experienced Diversion of first-time offenders (44%) prosecutions, about two-thirds said lack a work-related threat or assault. Most Probation revocation in lieu of new of record completeness was a problem. often the victim was the chief prosecutor. prosecution (36%). • Three-quarters of prosecutors' offices • Over a third of prosecutors' offices were • A majority of the Nation's prosecutors had some felony cases dismissed in court Involved in civil lawsuits relating to the handled new ca.tegories of offenses based because of constitutional violations, witness discharge of prosecutors' responsibilities. on statutes enacted within the previous unavailability, or speedy trial time • In the 75 largest counties in the United 3 years. New types of child abuse cases restrictions. were prosecuted ty 13% of the offices; • States, 48% of offices had at least one • Nearly all the prosecutors' offices notified prosecutor who was armed. drunken driving cases by 12%; and hate crime cases by 10%. victims of the disposition of relevant felony cases. ------
National Prosecutor Survey Program About a third of prosecutors' offices had Total employment in State prosecutors' put in place safety measures to protect offices represented about 4% of the The National Prosecutor Survey Program members of the staff. The major meas Nation's State and local justice employ (NPSP) of the Bureau of Justice Statistics ures used, and percentages of offices ment.2 The Office of the District Attorney, (BJS) sampled 290 chief prosecutors from using them, were- Los Angeles County, employed the largest the about 2,400 who try felony cases. The Firearms (26%) office staff, more than 2,700. About a third sample was based on those counties with Metal detectors (11 %). of the offices had a total staff of four or courts in the nationally representative fewer, including the chief prosecutor. The Other types of security measures included survey of 1~.'90 felony sentencing for the median total staff size was seven, with a use of police protection, building guards, National Judic!al Reporting Program median of three prosecuting attorneys, not and electronic surveillance. (NJRP), making NPSP nationally including the chief prosecutor (table 2). representative as well. Eighty-four percent of prosecutors' offices In the 75 largest counties in the United had at least one full- or part-time assistant States, 48% of offices had at least one A chief prosecutor is the attorney who prosecutor; 58% had at least one full-time prosecutor who was armed, in contrast to advocates for the public in felony cases assistant attorney. Generally only the 26% of offices in smaller districts. In 28% and in a variety of other cases. Over 95% larger offices employed staff investigators. of chief prosecutors are elected locally.l of the larger prosecutors' offices, the chief prosecutor or a staff mGmber had been the The most popular titles for chief pros More than half the offices (56%) employed victim of a work-related threat or assault. ecutors, according to the 1990 NPSP, a senior staff attorney to prosecute high The percentages of larger offices, by type are district attorney (28%), county attorney profile or particularly difficult criminal of staff member assaulted, were- (27%), prosecuting attorney (18%), cases. commmonwealth's attorney (10%), Chief prosecutor (9%) and State's attorney (9%). Assistant prosecutor (18%) About 70% of the Nation's chief pros Staff investigator (7%). ecutors occupied full-time positions. ,Al)out three-quarters of the prosecutors' Overall, more than 90% of the total staff offices in 1992 represented jurisdictions Number and kinds of employees positions were full-time. of prosecutors' offices with populations of fewer than 65,000. 2Justice ExpendilurB and Employment, 1990, BJS One percent of the offices represented Bulletin (NCJ-135777), September 1992, table 7, a million or more persons. The Nation's prosecutors' offices employed reports a total State .';lnd local Justice system a total workforce of approximately 57,000 employment of 1,5(;0,671 in October 1990. Civil lawsuits and violence or threats full-time and part-time staff, including against prosecutors' staff prosecuting attorneys, support staff, and r------eTable 2. Size of staff In prosecutors' investigators (table 1). Support staff, offices, by personnel categorles,1992 Including clerks and secretaries, comprised Over the 12 months before the 1992 Percentile survey, about 35% of prosecutors' offices 43% of office personnel. Assistant prose 25th 50th 75ffl had defended against a civil action filed cuting attorneys made up more than a third Staff size 14 in connection with the discharge of pros of the total office staff, representing more 3 7 ecutors' responsibilities. The individuals than 21,000 staff attorney\;.. responsible for Numberof assistant named as defendants and the percent at least some phase of criminal cases. attomeys 2 3 7 ages of offices with such lawsuits were - Numberof Chief prosecutor (27%) Table 1. Personnel categories support staff 3 7 In prosecutors' offices, 1992 Assistant prosecutor (18%) Numberof Staff investigator (4%). Percento! stal! investigators o o total personnel In prosecutors' Note: Percentile refers to the number equal to or In over a quarter of prosecutors' offices offices nationwide below the percentage level indicated. For someone on the staff - most often, the example, 3 is ths largest total staff size among the Total 100% 25% of offices with the smallest number of staff. chief prosecutor - had experienced The "median" is the term used for the 50th a work-related threat or assault. About Chief prosecutor 4% percentile. The detail percentiles will not ordinarily Assistant proseoutors 37 add to the summary. 14% of all chief prosecutors received Investigators 11 a threatening phone call or letter, the most Support staff 43 frequent combination of type of threat ah~ 5 or assault and type of victim. Number of personnel 57,000 i Prosecutors in State Courts, 1990, BJS Bulletin Note: Otheremployment In many offices included (NCJ-134500), March 1992, p. 2. victim or witness assistance personnel. •
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Length of service, experience, primarily recruited from within their own cases. Half the offices closed 50 felonies and training judicial district (50%), as compared to and 157 misdemeanors per prosecuting either from outside the district within the attorney, including the chief prosecutor. _The median length of service for a chief State (40%) or from outside the State The median number of total convictions per "prosecutor was 5 V2 years. Three-quarters (10%). prosecutor's office was 584: 139 felony of the chief prosecutors had served 10 case convictions per office and 400 years or less. The longest tenure among About 95% of the surveyed prosecutors misdemeanor case convictions per office. surveyed respondents was 29 years in provided information on selected office. Across the Nation about a third demographic characteristics of the full-time Budgets of prosecutors' offices of all the prosecuting attorneys responsible and part-time prosecutors, including the for any pt ....lse of felony cases had 9 or chief prosecutor. Across the Nation, 70% On average, 9 out of 10 dollars of funding more years of trial experience; another of the prosecuting attorneys were male; for prosecutors' offiGes came from local third had 4 years or less of trial experience. 88% were white non-Hispanic; 4% were government (table fl). About 40% of the black non-Hispanic; and 5% were Hispanic offices relied exclusively on local govern More than half (55%) of all the prosecutors' of any race. (See Methodology for a ment for theil' budget. About 60% of the offices provided training in trial practice discussion of completeness of reporting.) offices reported that some portion of their to new assistant prosecutors. Among budget came from State funds, including those who hired at least one new assistant Drug testing of staff almost all of the large prosecutors' offices. prosecutor during the reference year, 78% provided trial practice training. About half The vast majority of the Nation's prosecu On average, a prosecutor's office had an (53%) of all offices provided formal tors' offices (97%) did not conduct annual budget of $190,000. The reported classroom training or written training urinalyses to detect drug use among staff. budgetary amounts ranged from $21,000 materials to police officers; 19% provided Nationwide, an estimated 900 staff mem to over $200 miliion, with over half the such training to staff investigators. bers were tested during the reference year. offices using at least 40% of their budget for felony prosecution, as distinct from More than half the offices (57%) did not Number of cases and convictions other kinds of prosecution and activities hire any new assistant prosecutors during (table 6). Six percent of pn .. 3ecutors' the reference year. Those offices which More. than half the prosecutors' offices offices used 100% of their budget for felony did hire, hired an approximate total of closed over 800 criminal cases (table 3). prosecution. 2,900 new prosecuting attorneys. More In at least half the offices, 87% of felony than half (58%) of these hires were new cases resulted in felony or misdemeanor Tab!e 5. Sources of funding .Iaw graduates with a median starting salary conviction. for prosecutors' offices, 1992 of $26,000. About 4 in 10 of the new hires Median percent Percent of offices for were attorneys with some trial experience, The median number of felony cases closed of budget which source provided receiving a median starting salary of by each prosecutor's office was 203 (table Funding accounted for None All source by source of budget of budget $32,000. Among offices which did hire 4). Half the offices closed more than twice new attorneys, the new employees were as many misdemeanor cases as felony State 8% 42% 11% County/city 90 12 39 Table 3. Cases closed and convictions Table 4. Cases closed and convlctlotis by prosecutors In State courts, obtained per prosecutor's office and July 1,1991-June 30,1992 per attorney, July 1, 1991·June 30,1992 Table 6. Budget for prosecutors' offices and the percent used for felony Case Percentile Median number of cases prosecution, 1992 catego[1 25th 50th 75th Base of Misde- measure Total Felont meanor Percentile Total number 01 25th 50th 75th felony cases closed 35 203 689 Cases crosed Total budget Prosecutor's office 840 203 477 Percent of all felony forthe Attorneyb 233 50 157 cases resulting prosecutor's in conviction 77% 87% 97% office $76,400 $190,000 $564,400 Convictions Total number of misdemeanor Prosecutor's office 584 139 400 Percent of cases closed 145 477 1,500 Attornel 185 39 118 tot£ll budget forie!ony Percent of "Felony cases were those In which a felony was prosecution 30% 40% 70% misde'meanor charged. Cases closed Inc!uded convictions. cases convicted 78% 88% 94% Convictions for cases charged as felonies included Note: See table 2 note on percentiles. Total rotal criminal cases both felonies and misdemeanors. budgetary figures are based on 82% of responding closed (felonies and blncludes chief prosecutors and all other offices; the estimate of percent of budget used for misdemeanors) 295 840 2,441 prosecuting attorneys on staff. felony prosecution is based on 67% of responding Percent of total oHlces. criminal cases convicted (felonies and 75"/. 85% 94%
Note: See table 2 note on percentiles. A closed case refers to any case with a judgment of con- viction. acqUittal, or dismissal with prejudice (final dismissal) entered by the court.
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Innovations in prosecutors' offices newly defined crimes In areas related to MUltiJurlsd!ctlonal taskforces drugs, child abuse, stalking, and hate and special units State prosecutors across the Nation crimes (table 7). responded to new State criminal statutes. Almost a third of prosecutors' offices • Based on statutes enacted in the previous The prosecutors also used a variety of new participated in a task force involving other 3 years, 53% of the offices prosecuted procedures and technologies in their Jurisdictions (not shown in tables). Eighty criminal cases addressing operations. About two-thirds of the offices percent of the offices that reported r------.----- used two or more newer approaches to participating in a task force indicated that Table 7. New types of cases, dispositions, case disposition. These new means the subject of the task force was drugs. and evidence used In prosecutors' included vertical prosecution, diversion Other task forces focused on street gangs, offices, 1992 of first,time offenders, and probation racketeering, and auto theft. Of those In Percent 01 revoca,tion in lieu of new prosecution. task forces, 19% participated in more than prosecutors' Virtually all the offices reported using a new one. July 1. 1991.June 30, 1992 offices type of investigative tool in prosecuting A case based on statutes enacted cases, ranging from videotapes in any About a third of prosecutors' offices had In the previous 3 years 53% phase of prosecution (87% of offices) to specialized units to which staff attorneys A new kind of lelony drug case 33% DNA data as evidence during trial (25%). were assigned (table 8). The most Illegal drugs in a school zone 210/0 frequent special units were those for drugs Related to drug possession 9 Forfeiture funds (19%), juvenile offenders (17%), asset forfeiture (16%), and child abuse (14%). New kinds 01 drugs, such as types 01 prescription drugs, anabolic Over half of prosecutors' offices (56%) Prosecutors also named other areas steroids, and drug precursor chemicals 23% had received funds from nonbudgetary of specialization, including homicide, Counterfeit drug cases 8 sources, most often from asset forfeiture domestic violence, gangs, career criminal Otherfelon)rcases (including stalking of criminal enterprises. About a third of prosecLltion, white-collar crime, and arson. and domestic violence) 39% prosecutors' offices received non budgetary Child abuse cases 13 funds from the forfeiture of criminal Criminal history records Drunken driving cases 12 enterprise property. The major non Hate crime cases 10 budgeted sources and percentage of Accurate and current criminal history Using one or more new means offices using them were as follows: records are critical for making decisions of case disposition 91 % throughout the criminal justice process. Using 2 or more new means 63% Forfeiture of criminal Vertical prosecution (prosecuting enterprise property 35% Stage of use e attorney stays with a C:3se State grants 17 of adult criminal Percent of to disposition)" 59 Federal grants 14 history records prosecutors' offices Deferred prosecution (probation before Judg ment or adjudication Defendants' defraying the At some stage 96% withheld) 51 costs of prosecution 13 Sentencing 92% Divsrsion 01 first-time offendsrs 44 Fee-for-service with other Pretrial negotiation 82 At ball hearing 78 Probation revocation In lieu governmental units 8 01 new prosecution 01 paro!o Dunngtnal 76 When filing charges 67 or probation violator 36 Among those prosecutors' offices with no At preliminary hearing 47 USing a new type otavidence gatherln~ 99% direct State appropriation, 1 in 8 did receive In felony tri~.Is State grants. Other reported budgetary Almost all the Nation's prosecutors (96%) Expert witness forthe prosecution 71% sources included bond forfeiture proceeds, reported using adult criminal history data Witness underage 12 63 during the course of prosecuting felony Videotape 53 private grants, check collection fees, and DNA data 25 victims' assistance funds. cases. Juvenile records were used in Polygraph test 10 felony cases in about thre&-quarters of the prosecutors' offices. In adult cases, In any phase of prosecution Table S. Special units In prosecutors' offices, 1992 prosecutors most frequently used criminal Videotape 87% history records during sentencing (92%). Crime scenes/physical evidence 63 Percent of Drug sales or drunken driving 48 prosecutors' followed by pretrial negotiations (82%). Cor~plainant's statement 28 Specialization offices Polygraph test 75% Prosecutors obtained criminal history Ali special units 30% .A.ssessing suspect's guilt 65 information from a variety of sources: Assessing complainant's reliability 39 Narcotics 19% Juvenile olfenders 17 84% from the State repository Police or confidential informants Asset seizure orlorfeiture 16 80% from the local police In drug, gang, homicide, or Child abuse 14 75% from their own agency auto theft cases Sex crimes 12 93% 65% from the FBI. Numberof offices 2,396 Other Nurces often named by survey "II vertical prosecution was used, it was usually respondents includ d courts, juvenile • used for all cases, or all felonies. Speciffc kinds authorities. and ';..itrections and probation 01 cases for which vertical prosecution was used departments. Fifty-seven percent of the Included child abuse, child sex crime, rape or sexual assault, homicide, and drugs. prosecutors' offices reported using laboratory reports in felony prosecutions.
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Problems and improvements Plea bargaining in adult criminal history records, 1992 All but one survey respondent reported In over a quarter of prosecutors' offices, Percent of u;~aging in plea negotiations in felony case-by-case supervisory review was the prosecutors' offices cases during the reference year. only means of controlling plea negotiat Recent ing. Forty-eight percent of prosecutors' Characteristic Problem~ Improvements In over 90% of prosecutors' offices, the offices had a policy limiting the time for Completeness 62% 16% circumstances that may affect negotia plea negotiations in felony cases. Of Accuracy 41 14 Timeliness 36 22 tions include the defendants' criminal these offices, 8% Indicated that most plea Availability 20 11 history and willingness to cooperate with negotiations were completed in accord Privacy restrictions 13 3 the prosecution. In half of the prosecu ance with their time limitation policy. Incompleteness was the problem in torsi offices, the prosecution workload adult criminal records mentioned by the mqy also affect negotiations. Survey The more prevalent policies reported, and most offices, while timeliness of infor respondents also reported that other percentage of prosecutors' offices having mation was the area of recent improve criteria for negotiating included strength such policies, were- ment most often cited. Forty-one of case, evidentiary problems, and the percent of the prosecutors' offices cited victims' attitude or concerns. Percent of offices lack of accuracy as a problem; 13% Time limits on plea negotiations with time limits believed privacy restrictions were a In over 90% of prosecutors' offices, the Before a fixed number of days problem. issues subject to negotiations included preceding trial date 50% Among the 36% that Identified record charges and sentencing recommenda Prior to scheduled trial date timeliness as a problem, 41 % indicated tions. In 30% of the offices, pretrial or commencement of trial 25 recent improvements; among the 41 % release recommendations could be Before plea Is entered 24 who said record accuracy was a pro negotiated. Some survey respondents blem, 23% said recent improvements indicated victfm restitution as a negotiable Prior to or during pretrial conferenco 21 had been made; and among the 62% issue. who said completeness was a problem, About 6 in 10 prosecutors' offices had 19% acknowledged Improvements. About 12% of prosecutors' offices in 1992 a policy that required negotiations had written criteria governing plea to be completed before the setting To assist in improving the quality of of a trial date or commencement of the records the Criminal History Record negotiations. Many offices reported more than one method for controlling plea trial. Three in ten of these offices had Improvement Program, administered by some cases where the agreement was BJS, provided about $27 million to the negotiations. Staff supervision was the reached after a trial date had been set. States during fiscal 1990-93. Over half primary means. the States used these funds to improve Overall, a third of the offices with some record automation in both the central Percent of kind of time limitation policies had cases Means of supervising prosecutors' in which agreement was reached after the repository and the courts. Twenty-eight plea negotiations offices States used funds to improve the courts' original trial date. reporting capacity or to dE>velop the Case-by-case supervisory review 78% access to the FBI Interstate Indenti Office-wide policy 48 fication Index. Three-quarters of the Mandatory sentencing laws 43 Sentencing practices 40 States used funds to bring records up Written criteria 12 to date, reduce backlogs, or put in place procedures for collection of court dispositions.
BJS also sponsored a 50-State survey of the status of the criminal history record systems. Findings are available in the BJS report Survey of Criminal History Information Systems, 1992 (NCJ-143500) .
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Difficult or complex cases defender, 54% assigned private counsel, In 48% of districts where lower courts were and 25% contracted with law firms or used for felony processing, the uses A large majority of prosecutors' offices local bar associations. The most frequent included all 5 of those just mentioned. handled cases with procedural complex combinations, by percentage of districts, ities. Three-quarters of the prosecutors were- Semtences reported that their offices had experienced Public defender only (27%) case dismissals based on constitutional Mix of public defenders and Alm0st all prosecutors' offices (93%) had • issues (table 9). The most prevalent assigned counsel (23%) felol,y cases that resulted in the imposition reason cited was search or seizure Assigned counsel only (23%) of intermediate sanctions (any sentence problems (55%), and the least prevalent, Contracted counsel only (8%). other than incarceration or traditional issues about right to counsel (7%). probation) (table 11). Nine in ten offices Prosecutors reported that they had Indictment process had at least some cases which resulted declined, diverted, or deferred one or more in Intermediate sanctions involving felony cases because of reluctance of a The mean percentage of all felony case nonfinancial obligations (91 %), such as victim (69%) or witness (37%). Two-thirds filings in State courts brought by grand jury counseling and drug therapy, or financial of the offices had rescheduled at least one Indictment or presentment was 28%, and obligations (90%), ~uch as victim com trial during the previous 12 months by information following a defendant's pensation. About a third of the offices because of unavailability of witnesses waiver of indictment or of preliminary prosecutod some cases that resulted for the prosecution or defense. Four in ten \learing, 22% (table 10). Survey in house arrest or electronic surveillance. offices had dealt with extrad!ting a suspect respondents also indicated other methods, Other types of financial obligations indicat or defendant from another State, and 3 in such as prosecutors' filing information, ed by survey respondents included for 10, with extraditing to another State. warrants, or cu:i~plaints directly in court. feiture and restitution; other types of loss of liberty included work release, furlough, Public defenders In 44% of prosecutors' districts a grand jury and residence in halfway houses. convened for the purpose of indictment (not Public defenders were the means most shown in tables). In half of those districts, Fifty-three percent of prosecutors' offices often used to provide an attorney for a judge determined probable cause in most had felony cases in State courts which indigent felony defendants. Virtually all cases that went to the grand jury. In over imposed some type of specialized prosecutors' offices (98%) had some felony half of those districts (57%), misdemeanor probation such as community control, cases in which an indigent defendant was cases were indicted by the grand jury. community diversion, or Intensive provided an attorney. To provide that Six in 10 prosecutors' offices had no felony supervision. counsel, 64% of districts had a public filings at all brought by grand jury. Table 11. Alternative sentences Imposed ...------..by State courts In cases prosecuted, 1992 Table 9. Sources of problems In felony Lower courts were routinely used in the cases as reported by prosecutors' offices, preliminary processing of felony cases. Percentof July 1, 1991·June 30, 1992 In 80% of prosecutors t districts, a court prosecutors' Type of sentence offices Percentof other than those used for felony trials prosecutors' ("lower court") was normally used to handle Any alternative 93% Felony case difficulty offices at least some of the preliminary stages of Ncnfinancialobllgations 91% Reasons for court dismissals felony cases. Major uses of lower courts Counseling or therapy 88 Drug oralcohol rehabilitation 87 All types of problems 75% in felony cases, and percentages of Community service 80 Search or seizure problems 55% districts, were- Unavailability of prosecution witnesses 49 FInancial obligations 90% Speedy trial time restrictions 20 Bail determination (75%) Restitution without incarceration 81 Language barrier 17 Accused's first court appearance (74%) Victim compensation 72 Self-incrimination 15 Initial filing of charges (68%) Defense offormerjt:lopardy ~ 1 Loss of privileges 83% Right to counsel 7 Determination of probable cause (65%) Assignment of defense counsel (64%). Restriction on contact Declined, diverted, or deferred cases with victim orwitness 78 because of- Loss of motorvehicle driver'S license 66 Victim reluctance 69% Table 10. Felony cases flied Witness reluctance 37 In State courts, by filing method, July 1, 1991·June30, 1992 Loss of liberty 60% Rescheduled trial dates Electronic surveillance 36 Mean percent House arrest 35 Rescheduled trials because of Boot camp confinement 31 unavAilability of witness for- 66% Filing method of all felony Julyl, 1991-June30. 1992 cases filed Prosecution 61% Specialized probation' 53% Defense 55 Grand jury indictment or presentment 28% Other areas of difficulty Information following 'Includes such sanctions as community control, Offices contending with A preliminary hearing 27 community diversion, or intensive supervision. the following complexities: 60% A defendant's waiver Writ of extradition filed of indictment or preliminary hearing 22 In another State 43% Other means such as information. By another State 32 warrant, or complaint filed directiy Inmate's habeas corpus petition 29% by the prosecutor 23 Arrest policy for domestic violence 21 •
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Response to victims Computer use Chief prosecutors who have felony responsibility for more than one county had Almost all prosecutors' offices actively In almost half of prosecutors' offices, a probability of inclusion In NPSP equal to involved viJtims in the prosecutorial the staff used computers to track case the probability of one or more of the coun • process. In 1992, the percentages of information or arrest data on individuals. ties having been chosen for NJRP. These offices with victim-related activities were- In three-quarters of prosecutors' offices, chief prosecutors had more than one computers were used for a variety of chance to be in the sample. 97% notified victims of the disposition purposes: of felony cases concerning them. The survey was conducted by means of a Case-management use by attorneys (72%) mailed questionnaire (NPSP-1), consisting 73%, having information on the release Form or letter preparation (65%) of 43 questions that encompassed 437 of an incarcerated felon who was Pre-written motions (51 %) items of information. The questionnaires convicted in that district, notified the Jury instructions (49%) were mailed to the survey participants felon's victims. (Almost three-fourths Subpoenas (36%) by the U.S. Bureau of the Census in August of the offices routinely received such Witness information (30%) 1992. Follow-up continued until March information.) Discovery requests (29%). 1993. Of the 290 prosecutors' offices In the survey, 262 completed the question 58% notified witnesses of case disposition. Information on individual naire. In the 1990 survey all but 1 of the criminal matters (43%) 290 offices completed the questionnaire. 11 % relayed to witnesses Information Arrest of individuals (33%) Definition of cases about the release of incarcerated Case processing and outcome {23%}. felons. As defined on the questionnaire, the count Office management (34%) 93% used victim information of cases was a count of defendants. Budgeting (25%) in felony cases: By stage Expenditures (23%). of prosecution - Closed case meant any case with a jud!:'lment of conviction, acquittal, or Sentencing (91 %) Public relations dismissal with prejudice enter~j by the Pretrial release determination (62%) court. Whether a case was a felony case Trial (55%). Most prosecutors' offices (71 %) engaged depended on how the laws of the in public awareness campaigns. The types respondent's State defined the term . Some survey respondents also indicated of activities included- use of victim information in probation or • talks with community groups (65%) Misdemeanor case referred to or cases In parole hearings and in plea negotiations. talks in public schools (54%) which criminal defendants had no felony Eighty-nine percent of prosecutors' offices TV/radio talk shows (33%). charges against them. were in districts where laws governing victims' rights were in effect during 1992. Methodology QuestIons with higher rates of non response Na.tional Criminal VIctimization Ouestionnaires were mailed to the same Survey (NCVS): Victims' contact 290 chief prosecutors In 1990 and 1992. Of the 43 questions on the NPSP-1, 10 with justice agencies resulted in problems of item nonresponse. Probability sampling Each of the following items were unavail In 1991 about 40% of the nearly 35 able (item non response) by 2 or more, but million personal and household crimes Ideally, statistics computed using sample fewer than 11, respondents: were reported to the police, according survey response,~ have an "analysis to the NCVS. Three percent of those weight" for conVersion of sample results to Work-related assaults experienced by staff who reported their crime said they statistics applicable to the entire population members (NPSP Q.13) received help or advice from an office - in the NPSP context, the entire or agency, other than the pOlice, that population of felony prosecutors in State Number of support staff members by type deals with victims of crime. About 40% courts. of position {NPSP 0.17} of these persons said that their contact was with a governmental, rather than In the NPSP survey, the probability of a Number of attorneys with criminal case private, agency. chief prosecutor's being selected was the responsibilities (NPSP 0.18) probability of inclusion in the NJRP survey. Almost 6% of those reporting a crime The analysis weight which was applied to Staff attorneys' years of trial experience to the police said they had contact with the data provided by each sampled office (NPSP Q.19) other authorities such as a prosecutor, was based on the inverse of the probability court, or juvenile officer. Among victims of selection for NJRP. Average starting salary of experienced of reported crime, 2% (about 328,000 attorneys and new law graduates (NPSP victims) identified contact with a 0.20) prosecutor's office and 2%, with a court. Geographic scope of attorney recruitment • (NPSP Q.20)
7 0/ idHe - 49f&I" ! '" 'n .. MiAJ 4#1'" i 'il -= Number of staff attorneys who left Survey data and documentation employment (NPSP Q.21) on diskette This Bureau of Justice Statistics Bulletin was written by John M. Dawson, Steven K. Smith, and Carol J. De Frances. Number of office employees who were Survey data are available from the National tested for drugs (NPSP 0.43). Archive of Criminal Justice Data, 1-800- Latrice Brogsdale-Davls, U.S. Bureau • 999-0960 on computer diskette (ICPSR of the Census, Governments Division, These Items were unavailable from #6273). The diskette contains a computer administered data collection. Helen Graziadel assisted in data collection. 11 or more respondents: data file in ASCII format and document ation describing contents in detail. The The National District Attorneys Association and its American Caseload statistics (NPSP 0.14) data consist of the NPSP~1 responses from the 262 survey participants. Summary Prosecutors Research Institute, espe- cially Mark Faull and Don Rebovich, Race, sex, and ethnicity of staff members 1990 NJRP felony sentencing data for the (NPSP 0.22) county where the prosecutor's office is provided assistance to the project. Ann located are also Included. The NJRP data Taylor, a National Institute of Justice Total budget for the prosecutor's office, concern relative frequencies of various Visiting Fellow, gave comments. Tom Hester edited the report. Marilyn and percent of budget used for felony felony conviction offonses, sentences prosecution (NPSP 0.24). received, method of conviction, and case Marbrook, assisted by Jayne Robinson processing time. and Yvonne Boston, administered The item most often unavailable was the production. number of all felony cases which resulted Because 27 of the 43 questions on the December 1993, NCJ-145319 in a felony conviction, missing on 117 NPSP-1 included Other (please specify) questionnaires. Also missing on 90 or to clarify questions that offer a limited more questionnaires were the number of all number of response categories, the felony cases in which a conviction was diskette has a file which contains those obtained, the total number of misdemeanor responses. cases closed, and the number of misde meanor cases resulting In conviction.
BJS begins new Crime Data Brief series with The Costs of Crime to Victims
To get your copy of the first issue of the new 2-page BJS Crime Data Brief series, send your name, address and order no. NCJ-145865 The Costs of Crime to Victims for The Costs of Crime to Victims.
Fax your order to 410-792-4358
or mail to: BJS Clearinghouse P.O. Box 179 Annapolis Junction, MD 20701-0179
or call 1-800-732-3277.
• 8 *U.S. G.P.O.:1994-301-151:80034 BJS DATA ON CD-ROM Crime Victimization Data, 1973-1991 The Bureau of Justice Statistics (BJS) presents crime victimization data on CD-ROM. Prepared by the Inter-university Consortium for Political and Social Research (ICPSR) at the University of Michigan, the CD-ROM contains National Crime Victimization Survey data sets, including the following:
• 1986-1990 Longitudinal File II 1991 Full File II Incident level Files II Rape Victim Sample
The BJS Crime Victimiza tion Data CD-ROM contains ASCII files that require the use of specific statistical software packages and does not contain full-text publications. SAS and SPSS setup files are provided.
This CD-ROM can be purchased from the Bureau of Justice Statistics Clearinghouse for $15. It is available free through ICPSR member institutions.
For more information, call 1-800-732-3277
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Cb"ecnonaIPopu~nons ~. ~ Correctional~e·Jiii Po . in the United States, 1992 ill the United Sta~ulations SInlislics dc.<;eribln " es, 1992 • 0/1 probnl/o g otrcnders_ n • illloeuljllils • on parole "11 SIlIt. or f'!1derol prison • undel' ""lItellee The 8th annual BJS report ordea", on the Nation's jail and prison inmates, probationers, parolees, and inmates under sentence of death, available spring 1994. Send in your order today!
• In one book, you get a summary • More than 150 pages of tables, G 26 large tables, based on of criminal justice characteristics questionnaires, and explanatory individual-level data, present of the population under correctional text represent all major compo detailed information on persons supervision - admission type, nents of corrections: probation, who entered prison under release type, sentence length, jail, prison, parole, and persons sentence of death, who were escapes, probation and parole under sentence of death. executed, or whose capital violations, facility crowding, and sentence was removed. The deaths in prison. • Aggregrate data describe information includes criminal inmates or persons under history, sex, race, age, marital • The book presents data State community supervision - their status,' and level of education. by State, except for local jails. sex, race, and Hispanic origin.
o Yes! Send me 1 copy of NCJ 146413 Notice of change Correctional Populations in the United States, 1992 in distribution policy Name Organization Because of the increased cost Address of printing, postage, shipping, and handling, BJS can no longer City, State, ZIP mail large documents without Daytime phone: a specific individual order.
Readers will continue to receive Fax to 410-792-4358 or mail to: Bulletins and Special Reports but must order large final reports Bureau of Justice Statistics Clearinghouse such as Correctional Popula tions in the United States, I P.O. Box 179 1992, using this order form. 1 Annapolis Junction, MD 20701-0179
IL....-. __ • ______._._•• __. _____.~ _____•. ______..l - Bureau of Justice Statistics BJS lechnlcal reports Courts Law Enforcement Management New directions for NCS, NCJ-115571, 3/89 reports Series crimes: Report 01 a field test, BJ$ bulletins and Administrative Statistics Prosecutors In State !lourts Vlsed February 1994) NCJ-l 04615, 4/87 LEMAS, j 990: Data for Individual agencies 1992, NCJ-145319, 12/93 with 100 or more officers, NCJ-134436, II toll-free 800-732.3277 to order BJS Corrections 1990, NCJ-134500, 3/92 9/92 orts, to be added to one of the BJS Felony sentences In State courts tl rus bulletins and special (eports 1990, NCJ-140166, 3/93 BJS bul/e/lns and spec/al reports mailing lists, or to speak to a reference Capital punishment 1992, NCJ-145031, 1988, NCJ-126923, 12190 Cen'lus of State and local law enforcement specialist In statistics at the Bureau of 12193 Pretrial release 01 fetony delendants agencies 1992, NCJ-142972, 7193 Justice Statistics Clearinghouse, HIV In U.S. prisons and JaUs, NCJ·143292, 1990, NCJ-139560, 11/9? Drug enforcement by police and sheriffs' P.O. Box 179, Dept. BJS-236, 9/93 19B8, NCJ-127202, 2191 departments,1990, NCJ'134505,5192 Annapolis Junction, MD 20701-0179. Prisoners In 1992, NCJ-141874, 5/93 Criminal delense lor the poor, 1986, State and local police departmer.ts, 1990, For drugs and crime data, cail the Drugs Drug enforcement and treatment In NCJ·112919,9/88 NCJ·133284,2I92 & Crime Dala Center & Clearinghouse, prisons, 1990, NCJ·134724, 7/92 Sheriffs' departments,1990, NCJ-133283, BJS special reporls 2192 1600 Research Blvd., Rockville, MD Women In prison, NCJ-127991, 4/91 ' Murder in families, NCJ-143498, 2194 Violent State prisoners and their victims, Pollce departments in large cities, 19a7, 20850, toll·free 800-666-3332, Murder In large urban co un lies, 1988, NCJ-119220, 8/89 NCJ-124133,7/90 NCJ-140614,3/93 BJS maintains these malh'ng lists: Prison rule violators, NCJ-120344, 12189 Profile 01 State and locellaw enfotcement Recidivism Clf felons on pro bailon, agencles,1987, NCJ,113949, 3/89 • Law enforcement reports Recidivism 01 prisoners released In 1983, 1986-89, NCJ-134177, 2192 • Federal statistics NCJ-116261, 4/89 Felony case processing In Stste courts, • Drugs and crime data Drug use and crime: State prison Inmate 1986, NCJ-121753, 2190 Drugs & crime survey, 1906, NCJ-111940, 7/88 Drugs, crime, and the lustlce system: • Justice expenditure and employment TIme served In prison and on parole, 1984, Nallonal Judicial Reporting Program A nallonal report, NCJ-1336511, 5/93 • Privacy and security of criminal histories NCJ-108544, 12187 1990, NCJ·145323, 12193 Technical appendix, NCJ·139578, 6/93 and criminal Justice Information policy Prollle 01 Stalo prison Inll1otes, 1986, 1988, NCJ-135945, 1193 Catalog ot selected Federal publications • BJS bulletins and special reports NCJ-l09926, 1188 Felony delendants In large urb~n counlles, on Illegal drug ami alcohol abuse, • state felony courts Imprisonment In four countries, 1990: NRtlonal Pretrial Reporting Program, NCJ-1418/i,5/93 NCJ-139562,oI93 • Corrections NCJ·l03967,2/87 Drugs and crime facts: 1992, NCJ-139561, • National Crime Victimization Survey Felons sent~nced to probation In State Prlsbners at midyear 1993 (press release). courts,1986, NCJ-124944, 11/90 3/93 • Sourcebook of Criminal Justice NCJ-143960, 9/93 Felony delen"ants In large urban counties, State drug resources: 1992 national Statistics (annual) Correctional populations In the U.S.: 19BB, NCJ·122385, 4190 directory, NCJ·134375, 5192 1991, NCJ·142729, 8/93 Profile of lelons conVicted In Slate courts, Federal drug data for national policy, S!ngla copies of reports are froe; use 1990, NCJ-134946, 7/92 NCJ-122715,4/90 NCJ number to order, Postage and 1986, NCJ-120021, 1190 Survey of State prison Inmates, 1991, Felony laws of 50 Slates and tho Dlslrlct of handling ar!! charged for bulk orders NCJ-136949, 5/93 Columbia, 1986, NCJ·l05066. 2188, $14.60 Federal justice statistics of single reports. For single copies of Census of Stale and Fedelal correctional State court model statlsllcal dlcllonary: multlpie titles, up to 10 titles are free; lacUltles,1990, NCJ-131003, 6/92 Federal drug case processlng,1985-91, with Supplement, NCJ-98326, 9/85 preliminary data for 1992, NCJ-144392, 2194 11-40 IlIles $10; more than 40, $20; Prisons and prisoners In the United States, lsi eellllon, NCJ·62320, 9/80, $10.60 NCJ·131002, 4/92 Pretrial release 01 Federal telony defendants, libraries call for special rates. National Corrections Reporting Program: 1990 (Special Report), NCJ·145322, 2194 Public-use tapes of BJS data sets 1991, NCJ-145861, 2194 Privacy and security Federal criminal case processlng,1982-91, and other crimlnallustice data are 1990, NCJ-141879, 5/93 Criminal Jusllce Inlormatlon policy: with preliminary data for 1992, NCJ-144526,11193 available from the National Archive State and Federallnslltutlons, 1U26-86: Use and management of criminal history Race of prisoners admitted, NCJ-1256t8, record Information: A comprehensive Compendium of Federal Justice statistics: of Criminal Justice Data (formerly 6/9'. 1990, NCJ-143499, 9193 CJAIN), P.O. Box 1248, Ann Arbor, MI report, NCJ-143501, 11/93 HIslllrlcal statistics orr. prisoners, Survey of criminal history Inlormatlon 1989, NCJ-134730, 5/92 48106 (toll-free 800-999-0960). NCJ-l11096,6188 systems,1992, NCJ-143500, 11/93 The Federal civil Justice system (13JS Report of the Nallonal Task Force on bulletin), NCJ·l04769, 8/87 tlonal Crime Victimization Census of jails and survey Criminal History Record Disposilion Federal offense!> and offenders rvey of Jail inmates Reporting, NCJ-135836, 6/92 Attorney General's program for Improving rus special reports eThe costs 01 crime to victims (BJS Crime rus bulletins and special reporls ProsecuUng criminal enterprises, the Nation's criminal history records: Data Briel), NCJ-145865, 1/94 Jail Inmates, 1992, NCJ-143284, 8/93 BJS Implementation status report, NCJ-142524,11/93 Violence against women, NCJ-145325, 1194 Drunk driving: 19B9 Survey 01 Inmates NCJ-134722,3/92 Federal sentencing In transition, 1986-90, HIghlights from 20 years of surveying crime of Local Jails, NCJ·134728, 9192 Identifying felons who attempt to NCJ-134727,6/92 victims: 1973-92, NCJ-144525, 10/93 Women In Jail, 1989, NCJ·134732, 3/92 purchase IIrearms, NCJ-144393, 10189 Immigration offenses, NCJ·124546, 8190 Criminal victimization In the U.S.: Drugs and jsl/lnmates, NCJ-130836, 8/91 Identifying persons, other than Ie Ions, Federal criminal cases, 1980-67, 1991 (1Ihal), NCJ-139563, 1193 Profile of Jail Inmates, 1989, who attempt to purchase firearms, NCJ-118311,7/89 1973-90 trends, NOJ-139564, 1/93 NCJ-12909", 4/91 NCJ-123050, 3/90, $9.90 Crime and older Americans Inbrmatlon Population density In Itlcal Jails, 1988, Assessing completeness and accuracy 01 General package, NCJ·140091, 4/93. $15 NCJ·122299, 3/90 criminal hIstory record Information: BJS bulletins and special reports Crime vlctiml7.atl:m In city, suburban, Census of local JailS, 1988, Audit gUide, NCJ-133651, 2192 and rural areas, NCJ-135943, 6/92 NCJ-121101,2/90 BJS telephone contQcts, '94, NCJ-143707, Forensic ONA analysis: Issues, l1i93 School crime, NCJ-131645, 9/91 NCJ-128567,6/91 Census of local Jails, 1988: Pal!erns ~f robbery 6nd burglary Teenage victims, NCJ·128129, 5/91 Statutes requiring use 01 criminal history Summary and methodology, vol. I, In 9 States,1984-S8. NCJ-1373S8. 11/92 The Nallon's two crime measures: Unllorm NCJ·127992,3/91 record Information, NCJ·129896, 6/91 Crime Reports and the National Crime Forgery and fraud-related offenses Data for Indlvld'Jal JaUs In the NorthellGt, OrIginal records of entry, NCJ·1256116, 1116 Stotes, 1983-88, NCJ-132445, 1/92 Survey, NCJ-122705, 4/90 12/90 Midwest, South, West, vols. II-V, International crime rates, NCJ·11 0776. 5/88 Redesign of the Natfonal Crime Survey, NCJ-130759'130762,9/91 Strategies for Improving data quality, NCJ·111457,3/89 Census of local/ails, 1983: Selected NCJ·115339,5189 BJS discussion papers: The seasonality of crime vlctfmlzatfon, findings, methodology, summary tables, Public access 10 criminal history record Sentencing In the Federel courts: Does NCJ-l11033, 6/88 vot. V,NCJ-112795,11/88 Informl'tion, NCJ-111458, 11188 race Inatter? The transition to Victimization and fear of crime: World JUVenile records and record keeping sentencIng guidelines, 1986-90 perspectives, NCJ·93872, 1/85. $9.15 Probation and parole systems, NCJ-112815,11/88 Summary, NCJ-145332, 12193 The National Crime Survey: Working papers, Automated fingerprint Identification Fun repon, NCJ-145328, 12193, $5 Vol. I, History, NCJ·75374, 8182 rus bulletins and special reports systems: Technology and policy Issues, Performance measures for the criminal Vol. II, Methodology, NCJ-90307, 12184, Probation and parole: NCJ-l04342,4187 justlcn system: Papers from the BJS $9.90 1990, NCJ-133285, 11/91 Criminal Justice "hot" files, NCJ-l01850. Princeton Project, NCJ-143505, 10/93 rus bullelins 1989, NCJ·125833, 11190 12/86 Local prosecution of Qrganlzed crime: Criminal vlctfmlzatlon 1992, NCJ·144776, Recidivism of young parolees, Expert witness manual, NCJ·77927, 9181, Use of State RICa staltltes, NCJ-143502, 11/93 NCJ-l 04916. 5/87 $11.50 10/93 Felony selltenclng and Jail characteristics, Crime and the Natfon's households, 1992, BJS/SEARCH conference proceedings: NCJ·142523,6/93 NCJ-143288,9/93 Juvenile corrections National conference on criMinal Justice The crime 01 rape, NCJ·96777, 3/85 Children In custody: Census of public and bulletin board systems, NCJ-145327, Using NIBRS data to analyze vlolont crime: Measuring crime, NCJ·75710, 2181 private luvenlla detention, correctional, 2194 National Incident-Based Reporting Syslem rus special reports and shelter facililles. 1975·85, NCJ-114065, National conferen~e on Improving the (Technical Report), NCJ-14478S, 11/93 Elderly victIms, NCJ-138330, 10/92 6/89 quality of criminal history Informal:on: Directory of automated <:rlmlnal Justice Handgun crlmevlctlms, NCJ-123559, 7190 Survey 01 youth In custody, 19B7 (special NCJ-133532,2192 Information systems, 1993: Vol. I, Law enforcement, NCJ-142645,9/93, $5 Black Victims, NCJ-122562, 4/90 report), NCJ-113365, 9/88 Criminal jOstlce In the 1990's: The future Hispanic victims, NCJ-120507, 1/90 01 Information management, Vol. 2, Corrections, courts, probation/ The redesigned National Crime Survey: NCJ-121697, 5190, $7.70 parole, prosecution, NCJ-142646, 9/93, $4 Selected new
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