Report to the Nation on Crime and Justice, Second Edition

Home , Property crime

U.S. Department of Justice Bureau of Justice Statistics

Report to the Nation on Crime and Justice

Second edition NCJ-105506, March 1988 U.S. Department of Justice Bureau of Justice Statistics

Steven R. Schlesinger Director

Marianne W. Zawitz Editor

Contents

Introduction iii

I. The criminal event 1

II. The victim 23

Ill. The offender 39

IV. The response to crime 55

1. An overview 56 2. Entry into the criminal justice system 62 3. Prosecution and pretrial services 71 4. Adjudication 81 5. Sentencing and sanctions 90 6. Corrections 102

V. The cost of justice 113

Index 128

ii Report to the Nation on Crime and Justice Introduction

The Bureau of Justice Statistics presents This edition contains additional material this second comprehensive picture of on such common law crimes as homi- crime and criminal justice in the United cide, robbery, and burglary; drunk driv- States. Relying heavily on graphics and ing; white-collar crime; high technology a nontechnical format, it brings together crime; organized crime; State laws that a wide range of data from BJS's own govern citizen use of deadly force; pri- statistical series, the FBI Uniform Crime vate security; police deployment; sen- Reports, the Bureau of the Census, the tencing practices; forfeiture; sentencing National Institute of Justice, the Office outcomes; time served in prison and of Juvenile Justice and Delinquency jail; facilities crowding; recidivism; the Prevention, and many other research cost of crime; and privatization of crimi- and reference sources. Because it ana- nal justice functions. lyzes these and other rich data sources, this report should interest the general Graphic excellence and clarity of public as well as criminal justice practi- expression are the hallmarks of this tioners, researchers, and educators in attempt to assist the Nation as it seeks our high schools and colleges. to appreciate the enormity and com- plexity of the crime problem and grap- This report presents national data on ples with proposals to confront it. These crime and the criminal justice system hallmarks, however, should not over- and it answers these and other ques- shadow the prodigious effort and pains- tions: How much crime is there? Whom taking attention to detail that have gone does it strike? When? Where? Who is into the report. I wish to pay tribute to the typical offender? What is the govern- the professionalism, scholarly ingenuity, ment's response to crime? How differ- resourcefulness, and dedication of those ently are juveniles handled from adults? who prepared this report and of those What happens to convicted offenders? 40 or so individuals in the U.S. Depart- What are the costs of justice and who ment of Justice, universities, and pays? research organizations who carefully reviewed it.

Steven R. Schlesinger Director Bureau of Justice Statistics

Report to the Nation on Crime and Justice iii Acknowledgments

This report is the result of a 2-year effort by many Henrick J. Harwood Charles Wellford individuals in addition to the authors and contribu- Research Triangle lnstitute Director tors listed for each chapter. lnstitute of Criminal Justice Seth Hirshorn and Criminology The original idea for this report was developed Associate Professor University of Maryland by Benjamin H. Renshaw Ill, Deputy Director for University of Michigan-Dearborn Management and lntergovernmental Programs, Franklin Zimring Bureau of Justice Statistics. C. Ronald Huff Director Director Earl Warren Legal lnstitute To ensure the quality of the report, outside experts Program for the Study of Crime University of California-Berkeley were involved in its development and review. These and Delinquency external reviewers were selected for their knowl- Ohio State University Within the Department of Justice, comments were edge of the subject matter and their experience in provided by the Criminal Division, the Executive presenting technical information to nontechnical Malcolm Klein Office for US. Attorneys, the Federal Bureau of audiences: Professor of Sociology Investigation, the Bureau of Prisons, the National University of Southern California lnstitute of Corrections, the Drug Enforcement Michael Block Administration, and the Bureau of Justice Pro- Commissioner Barry Krisberg grams. United States Sentencing Commission President National Council on Crime In addition, critical assistance was provided Alfred Blumstein and Delinquency throughout the development of the report by Victo- Dean ria Major and the User Services Staff of the Uni- School of Urban and Public Affairs David Levin form Crime Reports Section of the Federal Bureau Carnegie-Mellon University Branch Chief of Investigation and Barbara Allen-Hagen of the Governments Division Office of Juvenile Justice and Delinquency Preven- Joseph Calpin Bureau of Economic Analysis tion. The Governments Division of the Bureau of Systems Scientist Department of Commerce the Census also contributed greatly throughout the MITRE Corporation development of this report. Lisa A. McNelis of the James P Lynch Governments Division verified all data in the report. Mimi Cantwell Assistant Professor Editorial Consultant School of Justice Throughout the development of this report, Washington. D.C. American University research and analytical assistance was provided by the National Criminal Justice Reference Service Frank Carrington Colin Loftin and the Criminal Justice Data Archive and by the Legal Consultant Professor Information Network of the Inter-universityConsor- Sunny von Bulow National lnstitute of Criminal Justice tium for Political and Social Research at the Univer- Victim Advocacy Center and Criminology sity of Michigan. University of Maryland Diana Cull Within the Bureau of Justice Statistics, substantive Chief Mark H. Moore direction was provided by Steven R. Schlesinger, Governmental Organizations Daniel and Florence Guggenhein Director; Benjamin H. Renshaw Ill, Deputy Director and Special Projects Branch Professor of Criminal Justice for Management and Intergovernmental Programs; U.S. Bureau of the Census Policy and Management and Joseph M. Bessette, Deputy Director for Data Kennedy School of Government Analysis. Editorial assistance was provided by Mari- James Eaglin Harvard University lyn Marbrook, Publications Unit Chief. Production Chairman was performed by Priscilla Middleton and Tina Dor- National Association of Blacks in Norval Morris sey. Research and analytic assistance was provided Criminal Justice Law School by Sara E. Smith. Editorial, graphic design, and University of Chicago production assistance were provided by Peter Robert Figlio Smith (editing and design), Lawrence Fahey (car- Associate Director Mary E. Oram tography). Great, Inc. (graphics production). Cellin Center for Studies in Senior Staff Associate Christine Gilder (copy editing), and Editorial Experts Criminology and Criminal Law National Center for State Courts (indexing).

Brian Frost Ralph Rossum Marianne W. Zawitz Director of Research Director Editor Police Foundation Salvatori Centre Claremont McKenna College James Garofalo Executive Director Ann Schneider Hindelang Criminal Department Head Justice Research Center Political Science State University of New York Oklahoma State University at Albany Greg Thomas Don C. Gibbons Project Director of Uniform The Assistant Attorney General, Office of Professor of Urban Crime Report Redesign Project Justice Programs, coordinates the criminal Studies and Sociology New York Division of Criminal and juvenile justice activities of the following Portland State University Justice Services program offices and bureaus: the Bureau of Justice Statistics, National lnstitute of Jus- Don M. Gottfredson Anthony F! Travisono tice. Bureau of Justice Assistance, Office of Professor Executive Director Juvenile Justice and Delinquency Preven- School of Criminal Justice American Correctional Association tion, and the Office for Victims of Crime. Rutgers University

iv Report to the Nation on Crime and Justice Chapter I The criminal event

Patsy A. Klaus Carol G. Kaplan Michael R. Rand Bruce M. Taylor Marianne W. Zawitz Sara E. Smith

This chapter gives an overview of crime as it exists in our Nation with data that answer such questions as- How are crimes defined? What are the most common serious crimes? What do we know about common law crimes such as homicide, robbery, and burglar)/, How much is known about drunk driving, organized crime, white-collar crime, and crimes involving high tech- nologfl What are the two main sources of national crime statistics? What do they measure? How and why do they differ? How much crime is there? Have crime rates gone up or down? What do different kinds of statistics tell us about crime trends? How do people rank the seriousness of different crimes? How much agreement is there among the public about the seriousness of various crimes? When do crimes occur? Where do crimes occur? Invaluable contributions to this chapter were made by many people within the What kinds of weapons are used in Department of Justice, including Victoria various types of crimes? How often are Major and the User Services Staff of the handguns used in crime? FBI's Uniform Crime Reports Section, Cynthia J. Lent of the FBI's National Center for the Analysis of Violent Crime, David Margolis and Denise Smyler of the Organized Crime and Racketeering Section of the Criminal Division, and Anita D. Timrots of BJS. Material for the sections on drunk driving was supplied by the National Highway Traffic Safety Administration, particularly by Paul Levy, Chief of Program Evaluation, and Stephen L. Hatos of the Office of Alco- hol and State Programs. Other contribu- tors include Donn Parker, SRI Interna- tional, and James Tien, Rensselaer Polytechnical Institute. Special assistance with many of the data sets was provided by Julio Borquez and Spencer Price Nash of the Inter- university Consortium for Political and Social Research at the University of Michigan.

Report to the Nation on Crime and Justice 1 What is crime?

Crimes are defined by law What are the characteristics of some serious crimes?

In this report we define crime as all Crime Definition Facts behaviors and acts for which a society provides formally sanctioned punish- Homicide Causing the death of another person with- Murder and nonnegligent manslaughter ment. In the United States what is crimi- out legal justification or excuse, including occur less often than other violent UCR UCR crimes of murder and nonnegligent Index crimes. nal is specified in the written law, manslaughter and negligent manslaughter. 58% of the known murderers were rela- primarily State statutes. What is included tives or acquaintances of the victim. in the definition of crime varies among 20% of all murders in 1985 occurred or Federal, State, and local jurisdictions. were suspected to have occurred as the result of some felonious activity.

Criminologists devote a great deal of Rape Unlawful sexual intercourse with a female, Most rapes involve a lone offender and a attention to defining crime in both by force or without legal or factual consent. lone victim. general and specific terms. This defini- About 32% of the rapes recorded by tional process is the first step toward the NCS in 1985 were committed in or near the victim's home. goal of obtaining accurate crime statis- 73Vo of the rapes occurred at night. tics. between 6 p.m. and 6 a.m. 58% of the victims of rape in 1985 were To provide additional perspectives on under 25 years old. crime it is sometimes viewed in ways Robbery The unlawful taking or attempted taking of Robbery is the violent crime that most other than in the standard legal defini- property that is in the immediate posses- often involves more than one offender (in tions. Such alternatives define crime in sion of another, by force or threat of force. almost half of all cases in 1985). terms of the type of victim (child abuse), About half of all robberies reported by NCS in 1985 involved the use of a weapon. the type of offender (white-collar crime), the object of the crime (property crime), Assault Unlawful intentional inflicting, or attempted Simple assault occurs more frequently or the method of criminal activity inflicting, of injury upon the person of than aggravated assault. (organized crime). Such definitions another. Aggravated assault is the unlawful Most assaults involve one victim and one intentional inflicting of serious bodily injury offender. usually cover one or more of the stand- or unlawful threat or attempt to inflict bodily ard legal definitions. For example, injury or death by means of a deadly or organized crime may include fraud, dangerous weapon with or without actual extortion, assault, or homicide. infliction of injury. Simple assault is the unlawful intentional inflicting of less than serious bodily injury without a deadly or What is considered criminal dangerous weapon or an attempt or threat by society changes over time to inflict bodily injury without a deadly or dangerous weapon. Some types of events such as murder, robbery, and burglary have been defined as crimes for centuries. Such What are some other common Fraud offenses-The crime type com- crimes are part of the common law defi- crimes in the United States? prising offenses sharing the elements of nition of crime. Other types of conduct practice of deceit or intentional mis- traditionally have not been viewed as Drug abuse violations-Offenses relat- representation of fact, with the intent of crimes. As social values and mores ing to growing, manufacturing, making, unlawfully depriving a person of his or change, society has codified some con- possessing, using, selling, or distribut- her property or legal rights. duct as criminal while decriminalizing ing narcotic and dangerous nonnarcotic other conduct. The recent movement drugs. A distinction is made between Drunkenness-Public intoxication, toward increased 'kriminalization" of possession and salelmanufacturing. except "driving under the influence." drunk driving is an example of such change. Sex offenses-In current statistical Disturbing the peaceTUnlawful inter- usage, the name of a broad category of ruption of the peace, quiet, or order of New technology also results in new varying content, usually consisting of all a community, including offenses called types of conduct not anticipated by the offenses having a sexual element except "disorderly conduct," "vagrancy," "loiter- law. Changes in the law may be needed for forcible rape and commercial sex ing," "unlawful assembly," and "riot." to define and sanction these types of offenses, which are defined separately. conduct. For example, the introduction of computers has added to the criminal codes in many States so that acts such as the destruction of programs or data could be defined as crimes.

2 Report to the Nation on Crime and Justice How do violent crimes differ from property crimes? Crime Definition Facts The outcome of a criminal event deter- Burglary Unlawful entry of any fixed structure, vehi- Residential property was targeted in 2 out mines if it is a property crime or a vio- cle, or vessel used for regular residence, of every 3 reported burglaries; nonresiden- lent crime. Violent crime refers to events industry, or business, with or without force, tial property accounted for the remaining with the intent to commit a felony or third. such as homicide, rape, and assault larceny. In 1985, 42% of all residential burglaries that may result in injury to a person. occurred without forced entry. Robbery is also considered a violent About 37% of the no-force burglaries crime because it involves the use or were known to have occurred during the day between 6 a.m. and 6 p.m. threat of force against a person.

Larceny- Unlawful taking or attempted taking of Less than 5% of all personal larcenies Property crimes are unlawful acts with theft property other than a motor vehicle from involve contact between the victim and the intent of gaining property but which the possession of another, by stealth, with- offender. out force and without deceit, with intent to Pocket picking and purse snatching most do not involve the use or threat of force permanently deprive the owner of the frequently occur inside nonresidential against an individual. Larceny and property. buildings or on street locations. motor vehicle theft are examples of Unlike most other crimes, pocket picking property crimes. and purse snatching affect the elderly about as much as other age groups. In the National Crime Survey a distinc- Motor Unlawful taking or attempted taking of a Motor vehicle theft is relatively well tion is also made between crimes vehicle self-propelled road vehicle owned by reported to the police. In 1985 89% of all against persons (violent crimes and per- theft another, with the intent of depriving him completed thefts were reported. or her of it, permanently or temporarily. The stolen property is more likely to be sonal larceny) and crimes against recovered in this crime than in other prop- households (property crimes, including erty crimes. household larceny).

Arson The intentional damaging or destruction or Single-family residences were the most attempted damaging or destruction by frequent targets of arson. How do felonies differ means of fire or explosion of property with. 16% of all structures where arson from misdemeanors? out the consent of the owner, or of one's occurred were not in use. own property or that of another by fire or Criminal offenses are also classified explosives with or without the intent to defraud. according to how they are handled by the criminal justice system. Most juris- Sources: BJS Dictionary of criminal justice data terminology, 2nd edition, 1981. dictions recognize two classes of BJS Criminal victimization in the US, 1985. FBI Crime in the United States 1985. offenses: felonies and misdemeanors.

Felonies are not distinguished from misdemeanors in the same way in all juris- Driving under the influence-Driving Vandalism-Destroying or damaging, dictions, but most States define felonies or operating any vehicle or common or attempting to destroy or damage, the as offenses punishable by a year or carrier while drunk or under the property of another without his or her more in a State prison. The most seri- influence of liquor or drugs. consent, or public property, except by ous crimes are never "misdemeanors" burning, which is arson. and the most minor offenses are never Liquor law offenses-State or local liq- "felonies." uor law violations, except drunkenness Public order offenses-Violations of and driving under the influence. Federal the peace or order of the community or violations are excluded. threats to the public health through unacceptable public conduct, interfer- Gambling-Unlawful staking or wager- ence with governmental authority, or ing of money or other thing of value on violation of civil rights or liberties. a game of chance or on an uncertain Weapons offenses, bribery, escape, and event. tax law violations, for example, are included in this category. Kidnaping-Transportation or confinement of a person without authority of law and without his or her consent, or without the consent of his or her guard- ian, if a minor.

Report to the Nation on Crime and Justice 3 Homicide, robbery, and burglary are examples of common law crimes

Homicide In an impulsive homicide, the offender Spree murders involve killings at two may intend to harm or kill the victim but or more locations with almost no time without prior planning. Many assault break between murders and are a result homicides are impulsive. For example, a of a single event. For example, in Febru- What is homicide? death may result from a fight or a brawl ary 1985, Daniel Remeta aided by two not planned by the offender. others was responsible for robbing and Criminal homicide is defined as all killing the manager of a Stucky's restau- deaths where a perpetrator is found to Murder most often results rant in Grainfield, Kansas. One hour have intentionally killed someone with- from arguments or the commission later, he shot a sheriff's deputy as he out legal justification or to have acci- of another felony tried to flag down Remeta's car. Escap- dently killed someone as a conse- ing to a nearby grain elevator, Remeta quence of reckless or grossly negligent Murder was Percent of shot the manager and took two conduct. The Uniform Crime Reports, in a result of- all murders hostages whom he killed before his capture a few minutes later. its Crime Index, uses the classification Total 100% of murderlnonnegligent manslaughter, which is defined as intentionally causing Arguments 39% The FBI assists local law the death of another person without Felony 18 enforcement agencies extreme provocation or legal justification Robbery 9 in solving violent crimes, or causing the death of another while Narcotics 3 particularly murder Sex offenses 2 committing or attempting to commit Arson 1 another crime. Other 3 Many local law enforcement agencies lack the special resources needed to Suspected felony 2% Homicide often stems solve rare crimes such as bizarre and from other crimes Other motive 18% vicious murders. Moreover, some violent criminals commit crimes in many differ- Unknown motive 23% Block found that many homicides are ent jurisdictions. Therefore, interagency Source: FBI Crime in the United coordination is essential in solving trans- precipitated by another crime such as States 1985. assault, robbery, rape, or burglary. jurisdictional crimes. The FBI's National Occasionally, a murder may be commit- Center for the Analysis of Violent Crime Multiple murders include serial, (NCAVC) has programs to provide spe- ted that has no motive other than the mass, and spree murders murder itself, such as a contract killing. cial resources to local law enforcement But such homicides are infrequent. agencies. NCAVC's Behavioral Science Serial murders involve the killing of Unit provides training and research in several victims in three or more sepa- criminal profiling, a process that aims to For homicides that result from other rate events. These may occur over crimes such as robbery and assault, identify major personality and behavioral several days, weeks, or years and reveal characteristics of the offender, based on their characteristics including time and a pattern, such as where the murder place of occurrence and victim-offender analyses of the crime(s) committed. The occurred, the type of victim, or method NCAVC operates the Violent Criminal relationship are very similar to those of of killing. John Wayne Gacy, a serial the originating crime. For example, the Apprehension Program (VCAP), a murderer, planned the separate killing of national clearinghouse for information characteristics of homicides that result 33 boys and young men in Chicago from robbery are very similar to the on unsolved violent crimes, particularly over a span of 2 to 3 years in the late murder. Local law enforcement agencies characteristics of robbery without homi- 1970s. The elapsed time between cide. In addition, the characteristics of report data on unsolved violent crimes murders separates serial killers from to the FBI, which analyzes the data, such homicides are more similar to other multiple killers. Other serial mur- those of the originating crime than they seeking to identify any similarities with derers include Albert De Salvo (the Bos- other unsolved crimes. If similarities are are to the characteristics of homicides ton Strangler), Theodore Robert Bundy, that result from other crimes or motives. noted the participating agencies are Juan Carona, David Berkowitz (son of notified so they may coordinate their Sam), and Wayne Williams. Homicides may be instrumental investigations. or impulsive * Mass murders involve the killing of four or more victims at one location, An instrumental or premeditated homi- within one event. Richard Speck's mur- cide results from a well-planned action der of eight nursing students in Chicago intended to acquire power or property. on one July night in 1966 is an example Robbery homicides tend to be of a mass murder. Other examples instrumental because they result from include Charles Whitman's killing of 16 robberies that are planned in advance people in a sniper firing from a tower at with the goal of acquiring property. the University of Texas on August 1, 1966, and James Oliver Huberty's killing of 21 people at a San Diego McDonald's on July 18, 1984.

4 Report to the Nation on Crime and Justice Robbery Most robberies were committed When do robberies occur? by strangers-and half by more than one offender Robberies in which victims were injured took place more frequently in Robbery includes theft as well According to NCS- the dark. as physical threat or attack Victims knew by sight or had never Robberies with uninjured victims hap- seen their assailants in 8 of 10 robber- pened equally in daylight and darkness. In a robbery one or more offenders use ies committed by multiple offenders and Robberies were most likely to occur in force or threaten to do so to take a per- in 7 of 10 by lone offenders. August and December and least likely son's property. Whether it is called a Victimizations involving black male to occur in February and April. stickup, holdup, mugging, or robbery, offenders outnumbered those involving this crime is feared for both its actual white males among multiple offenders Where do robberies occur? and possible violence. Among com- and young single offenders. monly measured crimes only homicide Most offenders robbed strangers, but Robberies occurred most frequently and rape exceed it in severity. Unlike single offenders were more likely to rob on the street and next most frequently many other violent crimes, however, rob- relatives and other persons they knew at or near the victim's home. bery is similar to property crimes well than were multiple offenders, and A higher proportion of victims without because it involves an attempted or they were also more likely to take prop- than with injury were robbed in restau- completed theft of personal property. erty and to injure victims they knew rants, commercial buildings, offices, or well. factories. According to the National Crime Survey, Victims were more likely to lose prop- 63% of the 14,681,000 robberies Offenders displayed weapons erty when the incident occurred at between 1973 and 1984 were com- in almost half of all robberies home, perhaps because there usually pleted and cost $4.4 billion in stolen are fewer chances for interruptions at cash and property. One in 3 victims Guns were actually discharged in a home than in more public places. were injured, 1 in 10 so seriously that fifth of all robberies. they required treatment in an emer- Offenders used guns and knives most Robbery rates declined between gency room or hospital. Almost a quar- often to threaten but used weapons 1973 and 1984 ter (23%) lost property and were other than guns or knives to attack. injured. When either threatening or attacking, According to NCS, robbery rates robbers were more likely to complete declined by 15% between 1973 and The average theft loss the theft when they used guns. 1984, but they rose in 1981 and fell in from robbery was $447 Victims were more likely to be injured 1983. The downward trend was due to seriously when offenders attacked with a drop in the number of attempted rob- Value of Percent of weapons, but they were more likely to beries, both with and without injured stolen completed sustain minor injuries when offenders victims. The rates for completed robber- property robberies used objects other than guns or knives ies at the beginning and end of the as weapons. period remained the same. Less than $1 0 18% $1 0-49 26 $50-249 32 Robbery differs significantly Slightly more than half of all $250-999 13 from other violent crimes robberies were reported to police $1,000 or more 6

Source: Robbery victims, BJS Robbery victims were much more 64% of all completed robberies but Special Report, April 1987. likely than rape or assault victims to only 37% of attempted robberies were face two or more offenders. reported to police. Robbery sometimes occurs Robbery victims generally did not * Factors increasing the likelihood thatha along with other crimes know their assailants or knew them only robbery was reported to police include: by sight; victims of other violent crimes whether anything was stolen and, if sto- From 1976 to 1984 between 9% and were less likely to be victimized by len, the value of the property; whether 11% of all murders reported to UCR strangers. the victim was injured and, if injured, were linked with robbery as a circum- Robbery offenders were more likely the degree of injury; and the presence stance or motive. Between 1973 and than other violent offenders to use of a weapon. 1984, during the same incident, robbery weapons. * When a robbery was reported to victims were also victims of rape (3%), police, reasons most often given for burglary (8%), or motor vehicle theft reporting it were 'YO keep it from hap- (4O/o). pening again or to others" and 'Yo punish the offender." When a robbery was not reported, respondents most frequently gave as their reason "lack of proof, no way to findlidentify offender."

Report to the Nation on Crime and Justice 5 Burglary Many of the violent crimes that A greater proportion of victims of forci- occur in the home are committed ble entry than of victims of unlawful during an illegal entry entry or attempted forcible entry could identify the time of day when the intru- Burglary is unlawful entry usually, According to the National Crime Survey, sion took place. but not necessarily, attended persons who illegally enter homes by theft commit- For each type of burglary the distribu- three-fifths of all rapes in the home tion of incidents in which the time of Any fixed business or residential struc- three-fifths of all robberies in the home occurrence was known was about ture may be burglarized. In 1985 two of about a third of all aggravated and evenly divided between day and night. every three burglaries were residential. simple assaults in the home. However, victims reported that a greater The entry may be by force, such as proportion of attempted forcible entries picking a lock, breaking a window, or During the 10 years 1973-82, 2.8 million than of other types occurred between slashing a screen; or it may be such violent crimes occurred during an midnight and 6 a.m. unforced, such as entry through an illegal entry. unlocked door or window. The National What are the trends in burglary? Crime Survey distinguishes among three No one is at home during most bur- types of household burglaries: glaries. A household member was pres- Unlawful entry without force was the Forcible entry-in which force is ent during only 9% of all forcible only type of burglary in NCS that used to gain entry, for example, by entries, 14% of all unlawful entries, and showed any discernible trend during the breaking a window or slashing a screen 17% of all attempted forcible entries. 10 years 1973-82. Its rate per 1,000 Attempted forcible entry-in which However, in these cases a violent crime households declined moderately from force is used in an unsuccessful attempt was committed during a third of the for- 47 in 1973 to 39 in 1982. This slowly to gain entry cible entries, during almost two-fifths of declining trend in unlawful entry may be Unlawful entry-in which someone the unlawful entries, and during a sev- a sign that people are becoming more with no legal right to be on the enth of the attempted entries. careful about locking doors and win- premises gains entry even though force dows to prevent these crimes. is not used. Burglary results in losses from theft and property damage No evidence could be found in the data Of the 73 million burglaries during that the increasing use of burglar 1973-82- The vast majority of all forcible entries alarms, sophisticated locks, and other 45% were unlawful entries and unlawful entries involve actual or security devices has had any effect on 33% were forcible entries attempted theft of household property. the rate of forcible entry. The rates for 22% were attempted forcible entries. Such is not the case, however, for attempted and completed forcible entry attempted forcible entry. An attempted remained extremely stable between Who commits household burglaries? theft was reported in 14% of all such 1973 and 1982. incidents and a completed theft in 3%. Information on who commits burglaries It is likely that many victims, having only The lack of evidence that burglar is available only for residences where a evidence of an attempted entry, such as alarms have affected the burglary rate household member was present (about damaged locks or broken windows, should not be interpreted as proof that 10% of all burglaries in NCS). In more declined to speculate on the intent of such devices are not effective. Burglars than half of all such burglaries the the persons who tried to gain entry to may be avoiding homes with alarms offender was either a complete stranger their home. Property damage is most and protective devices in communities or a person known by sight only. In likely to occur when force is involved. with active crime prevention programs about a fourth of the burglaries an in favor of less protected buildings and acquaintance was the offender. Rela- When does burglary occur? neighborhoods. If so, the precautions tives, spouses, or ex-spouses were that some people have taken would observed in 11% of the burglaries. Per- According to NCS, burglary occurs result in a shift of the location of the sons well known to the victim were more often in the warmer months than offenses that would not be reflected in more likely to be observed in unlawful in the colder ones, but this pattern is the crime statistics. entries than in burglaries involving force. more pronounced for unlawful entry than for completed or attempted forcible entry. A possible explanation for the larger seasonal fluctuation in unlawful entry is the greater tendency to leave windows and doors open during the warm months, creating an opportunity for easy entry.

6 Report to the Nation on Crime and Justice Driving while intoxicated has been defined as a crime because of public concern over traffic safety

Alcohol-related accidents pose In most States drivers agree to take Many States have changed a great threat to public safety such tests when they receive their their laws that govern the driver's license. Failure to take a test determination of intoxication An estimated 40% of the 43,800 traffic- upon request is a violation of the licens- for driving offenses related deaths in 1985 resulted from ing agreement and can result in auto- accidents that involved an alcohol level matic suspension or revocation of a In 1982, 26 States set BAC levels that, if that exceeded the legal limit.' Another driver's license. Thirty-eight States have exceeded, automatically defined intoxi- 10% of the deaths are estimated to sanctions against drivers who refuse to cation for driving offenses. Twenty-five have occurred in accidents that involved take the test on a first offense and 42 States set levels that were presumptive lower levels of alcohol. Both the abso- States have sanctions against drivers in that a driver was assumed to be lute number and the proportion of who refuse a second time in a separate intoxicated but could rebut the assump- alcohol-related fatal accidents are incident. tion. By 1986, 19 States had changed decreasing. Fewer drivers in fatal acci- their laws from presumptive levels to dents are being measured at illegal The level of alcohol as measured automatically illegal levels. Seven States alcohol levels and more of them are in the blood determines whether continued to rely on the presumptive being measured to have no alcohol or not a driver is intoxicated standard. However, the level of BAC that involvement. determined intoxication remained the In 39 States and the District of Colum- same in most States from 1982-86. The crime of driving bia a driver who has a Blood Alcohol while intoxicated differs Concentration (BAC) of .10 is considered States have tried to prevent from most other crimes legally intoxicated, Illegal intoxication drunk driving through control occurs at BAC levels of .08 in two of alcohol consumption Drunk driving lacks the usual criminal States, at .I2 in one State, and at .I5 in motives of gaining property, harming one State. In 1982, 28 States set the age for another person, or trafficking in contra- legal purchase of some type of alcohol band. The other seven States do not have an at 18 or 19, while in 17 States it was 21. Physical tests compared against .a automatically illegal BAC level. Instead By 1986, however, 29 States raised the State standard are used to determine they use a presumptive level, where the drinking age, giving 44 States a legal whether or not a crime has been com- court can assume intoxication but the age of 21. In 7 States the drinking age mitted. defense can rebut this assumption. In remains at 18 or 19. Drunk driving offenses are often han- all of these States the presumptive BAC As of January 1987, 33 States had dled administratively rather than crimi- level is .lo. Some States have both ille- laws prohibiting consumption of alcohol nally through driver's licensing regula- gal and presumptive levels that define in vehicles, but some apply only to tion. intoxication. In these States the drivers. Nineteen States prohibit open presumptive levels are either the same containers in the passenger compart- The States use a variety as or lower than the illegal levels. ment of vehicles. of methods to prevent and Recently, 12 States have enacted laws deter drunk driving According to the US. Department of prohibiting "happy hours." These laws Health and Human Services a person limit the sale of alcoholic beverages To prevent and deter drunk driving the who weighs 150 Ibs, and has had little below the price per quantity normally States have used their authority to regu- or no food intake needs to consume charged for each beverage. Laws deal- late alcohol and driving as well as to about five ounces of 80-proof liquor in 1 ing directly with establishments that sell invoke criminal sanctions. Regulatory hour to reach a BAC level of .lo. Five alcohol have also become stricter. authority may be exercised through ounces of alcohol is the equivalent of administrative channels. For example, a four 12-ounce cans of beer or four The Federal Government has urged liquor store owner who sells alcohol to a 4-ounce glasses of wine. States to prevent drunk driving minor could loose his license to sell liq- by raising the drinking age uor. Administrative remedies such as Recent concern about drunk driving and by other measures driver's license revocation are used for has resulted in many changes much illegal driving behavior including in State laws Public Law 98-363 was enacted in alcohol-related offenses. response to the work of the President's The public concern about drunk driving Commission on Drunk Driving. It Physical tests determine whether initiated by groups such as Mothers requires the withholding of a percent-. drivers are intoxicated Against Drunk Driving (MADD) has age of highway construction funds until inspired legislative changes. These the State raises its legal drinking age to If a driver is suspected of being intoxi- changes have been targeted at all 21. It also established a grant program cated, a law enforcement officer may aspects of drunk driving from controlling for the States to encourage mandatory require the driver to take a test (either a alcohol consumption to criminal sanc- sentencing for Driving While Intoxicated preliminary breath test or a blood test) tions against drunk drivers. (DWI) offenders and gives additional to determine the alcohol level in his or funds to States with computerized traffic her blood. records systems.

Report to the Nation on Crime and Justice 7 Organized crime includes many traditional crimes as well as offenses such as racketeering

What is organized crime? threat underlying all group activity. The indirect costs of organized crime Specific violent criminal acts include, for affect all consumers through increased Although organized crime has been example, murder, kidnaping, arson, rob- consumer prices. Kickbacks, protection considered a problem throughout the bery, and bombings. payments, increased labor and material century, no universally accepted defini- Legitimate business involvement: costs, and lack of competition in indus- tion of the term has been established. Legitimate businesses are used to "laun- tries controlled by organized crime all The President's Commission on der" illegal funds or stolen merchandise. increase consumer costs. Unpaid taxes Organized Crime, for example, defines For example, illegal profits from drug on illegal activities result in higher tax the criminal group involved in organized sales can be claimed as legitimate burdens for legal wage earners. crime as "a continuing, structured col- profits of a noncriminal business whose lectivity of persons who utilize criminal- accounting records have been appropri- Racketeer Influenced and Corrupt ity, violence, and a willingness to cori ately adjusted. Legitimate business Organization (RICO) statutes are rupt in order to gain and maintain involvement also elevates the social sta- key tools in the fight against power and profit." tus of organized crime figures. organized crime Use of specialists: Outside Some characteristics of organized crime specialists, such as pilots, chemists, and The Federal RlCO statute was enacted are generally cited: arsonists, provide services under con- in 1970 and was amended most Organizational continuity: Organized tract to organized crime groups on an recently in 1986. Unlike other existing crime groups ensure that they can sur- intermittent or regular basis. statutes that address individual criminal vive the death or imprisonment of their acts such as murder or robbery, the leaders and can vary the nature of their Organized crime groups often are RlCO statute was specifically designed activities to take advantage of changing protected by corrupt officials in to target the overall and continuing criminal opportunities. the government and private sector operations of organized crime organiza- Hierarchical structure: All organized tions. Specifically, the act prohibits the crime groups are headed by a single Such officials include inspectors who use of racketeering activities or profits to leader and structured into a series of overlook violations, accountants who acquire, conduct, or maintain the busi- subordinate ranks, although they may conceal assets, financial officers who fail ness of an existing organization or vary in the rigidity of their hierarchy. to report major cash transactions, law "enterprise." Racketeering activities are Nationwide organizations may be com- enforcement officers who provide defined to include any act or threat posed of multiple separate chapters or enforcement activity information to drug involving murder, kidnaping, gambling, "families," each unit generally headed traffickers, and attorneys who have arson, robbery, bribery, extortion, deal- by its own leader who is supported by government witnesses intimidated to ing in narcotic or dangerous drugs, the group's hierarchy of command. change their testimony. The public also fraud, and other crimes. The act also Intergroup disputes, joint ventures, and supports organized crime by sometimes provides for forfeiture of illegally new membership are generally reviewed knowingly or unknowingly purchasing obtained gains and interests in enter- by a board composed of the leaders of illegal goods and "hot" merchandise. prises. the most powerful individual chapters. For example, La Cosa Nostra currently Organized crime groups are involved Twenty-three States had enacted RlCO is estimated to include 24 individual in many different activities statutes by 1986. Most of them are very Yamilies" all under the general authority similar to the Federal statute. of a "National Commission" comprised In addition to its well known involvement of an estimated nine bosses. in illegal drugs, organized crime is also The government also has other tools to Restricted membership: Members involved in prostitution, gambling, and fight organized crime, including witness must be formally accepted by the group loan sharking operations and has been protection programs, electronic sur- after a demonstration of loyalty and a shown to have infiltrated legitimate veillance procedures, and immunity willingness to commit criminal acts. industries such as construction, waste statutes. Membership may be limited by race or removal, wholesale and retail distribution common background and generally of goods, hotel and restaurant opera- involves a lifetime commitment to the tions, liquor sales, motor vehicle repairs, group, which can be enforced through real estate, and banking. violent group actions. Criminalitylviolence/power: Power How much does organized and control are key organized crime crime cost? goals and may be obtained through criminal activity of one type or in multi- A recent survey for the President's Com- ple activities. Criminal activity may be mission on Organized Crime estimates designed directly to generate "income" that 1986 net income from organized or to support the group's power through crime activity ranged between $26.8 bil- bribery, violence, and intimidation. Vio- lion (a low estimate) and $67.7 billion lence is used to maintain group loyalty (the high estimate). and to intimidate outsiders and is a

8 Report to the Nation on Crime and Justice White-collar crime refers to a group of nonviolent crimes that generally involve deception or abuse of power

There is much debate about how Unlike violent crimes, white-collar Prosecution rates for white-collar crimes to define "white-collar" crime crimes do not necessarily cause were similar to those for violent crimes injury to identifiable persons (murder, rape, robbery, kidnaping, and Reiss and Biderman define it as viola- assault), property crimes (stolen vehi- tions of law "that involve the use of a White-collar crime instead can cause cles, burglary, and arson), and public violator's position of significant power, loss to society in general as in cases of order crimes (drug and weapons influence or trust . . . for the purpose of tax evasion, for example. For this rea- offenses and commercial vice). Because illegal gain, or to commit an illegal act son, white-collar crimes, unlike violent the study focused on white-collar crime for personal or organizational gain." crimes, may not always be detected cases that were reported through the Another researcher, Sutherland, defines and are more difficult to investigate. criminal justice system, the sample does white-collar crime as "a crime committed not take into account the large number by a person of respectability and high Little data are available on the of white-collar crimes that were not dis- social status in the course of his occu- extent of white-collar crime covered, not reported to authorities, or pation." Edelhertz defines it as "an ille- did not result in an arrest. gal act or series of illegal acts commit- Measuring white-collar crime presents ted by nonphysical means and by special problems: The study also found the conviction rate concealment or guile to obtain money No uniform definitions exist that for cases prosecuted to be about 74010, or property, to avoid the payment or define either the overall scope of white- slightly higher than for violent crimes loss of money or property, or to obtain collar crime or individual criminal acts. (66%) and public order crimes (670) business or personal advantage." Wide variations in commercial and about the same as for property recordkeeping procedures make it diffi- crimes (7600). Although specific definitions vary, the cult to collect and classify data on the term is generally construed to include loss. About 60% of the persons convicted for business-related crimes, abuse of politi- Uncertainty over the legal status of white-collar crime vs. about 67% of cal office, some (but not all) aspects of financial and technical transactions those convicted for violent crimes were organized crime, and the newly emerg- complicates the classification of data. sentenced to prison. Eighteen percent ing areas of high-technology crime. Computer technology can conceal of white-collar offenders sentenced to White-collar crimes often involve decep- losses resulting from computer crimes. prison were sentenced to more than 1 tion of a gullible victim and generally Crimes may not be reported to pro- year (about the same as persons con- occur where an individual's job, power, tect consumer confidence. victed of public order offense) vs. 39% or personal influence provide the of violent offenders. access and opportunity to abuse lawful Almost three-fourths of the white- procedures for unlawful gain. collar crimes prosecuted at the State level resulted in convictions Specific white-collar crimes include embezzlement, bribery, fraud (including A study of 8 States and the Virgin procurement fraud, stock fraud, fraud in Islands found that 12% of the white- government programs, and investment collar crime cases that originated with and other "schemes'?, theft of services, an arrest and for which dispositions theft of trade secrets, tax evasion, and were reported in 1983 were not obstruction of justice. prosecuted. The study defined white- collar crimes as forgerylcounterfeiting, fraud, and embezzlement.

Report to the Nation on Crime and Justice 9 High technology has provided new opportunities for crime

High-technology procedures are Greater use of high technology Lost or stolen cards are used used in some types of crime has increased concern about in 49% of all automatic computer crime teller machine frauds Over the past decade the use of computers and advanced communication In 1980 about 117 trillion dollars were Type of Percent of techniques for business and industrial transferred electronically among finan- automated fraudulent incidents purposes has radically altered traditional cial institutions in roughly 60 million wire machine fraud means of doing business. These transfer transactions; this was an Withdrawal-related incidents changes have created an environment increase of more than 170% over the Unauthorizedwithdrawals: value of transactions in 1976. in which white-collar abuse of fiscal trust Card lost or stolen and responsibility can result in In 1983 about 262 billion dollars were unusually large losses. The centralized processed through automated teller Card in possession storage of individually identifiable infor- machines in roughly 2.7 billion transac- of cardholder mation has also created new opportuni- tions. This was an increase of almost Overdraft: ties for white-collar crimes that involve 650% over the value of funds and an Withdrawal against unlawful acquisition and disclosure of increase of more than 170% over the insufficientlbad deposit data. Manipulation of computer pro- number of automated teller machine Bank operations suspected grams can also conceal illegal transac- transactions in 1982. to be off line or delayed tions and prevent, or at least postpone, White-collar crime losses to banks Deposit-related incidents discovery of loss by a victim or financial resulting from automated teller machine Bad deposit: institution. fraud during 1983 were estimated at Stolen/fraudulent/ between 70 and 100 million dollars. uncollectible check Prosecution of computer-related or empty envelope Automated teller machine fraud is crimes presents special problems Bad check deposited of special concern to consumers by person other than -Traditional laws are not always applica- accountholder ble to violations that involve automated In a sample study of 2,700 automated Other activity. teller machine incidents that prompted a Evidence of computer abuse (and consumer complaint, about 45% were Total computer-generated evidence of other found to be fraud-related; of these, Source: Electronic fund transfer fraud, abuses) may not always be admissible almost half resulted from unauthorized BJS Special Report, March 1985. in court. use of a lost or stolen automated teller Investigators, prosecutors, and judges machine card. Cards were lost or stolen do not have the training needed to in the home in 25% of these cases, and become familiar with computer terminol- they were taken as part of a wallet or ogy and procedures. purse snatching in almost two-thirds of the cases. So far, 47 States have enacted computer - Average losses to accountholders crime laws that, to some degree, define were $255 per incident where loss was illegal activities involving computerized to the accountholder only. Where both facilities, procedures, or information. the accountholder and the bank Some of the laws also refer specifically incurred losses,2 average loss to the to crimes that involve credit card trans- accountholder was $74 per incident and actions. average loss to the bank was $365 per incident.

10 Report to the Nation on Crime and Justice Uniform Crime Reports (UCR) and the National Crime Survey (NCS) are the main sources of national crime statistics

National crime statistics focus on selected crimes How do UCR and NCS compare?

The two sources, UCR and NCS, con- Uniform Crime Reports National Crime Survey centrate on measuring a limited number of well-defined crimes. They do not Offenses measured: Homicide cover all possible criminal events. Both Rape Rape sources use commonly understood defi- Robbery (personal and commercial) Robbery (personal) nitions rather than legal definitions of Assault (aggravated) Assault (aggravated and simple) crime. Burglary (commercial and household) Household burglary Larceny (commercial and household) Larceny (personal and household) Motor vehicle theft Motor vehicle theft The UCR lndex shows trends Arson in eight major crimes Scope: Crimes reported to the police in most Crimes both reported and not reported jurisdictions; considerable flexi- to police; all data are available for a In 1927 the International Association of bility in developing small-area data few large geographic areas Chiefs of Police (IACP) formed a committee to create a uniform system for Collection gathering statistics on crimes known to method: Police department reports to FBI Survey interviews; periodically or to centralized State agencies measures the total number of crimes the police. The goal was to develop a that then report to FBI committed by asking a national sample national system of statistics that would of 49,000 households encompassing overcome variations in the way crimes 101,000 persons age 12 and over about were defined in different parts of the their experiences as victims of crime country. during a specified period Kinds of in- Because of their seriousness, frequency formation: In addition to offense counts, Provides details about victims (such as of occurrence, and likelihood of being provides information on crime age, race, sex, education, income, reported to the police, seven crimes clearances, persons arrested. and whether the victim and persons charged, law enforce- offender were related to each other) were selected as the basis for the.UCR ment officers killed and assaulted, and about crimes (such as time and Index. This index evaluates changes in and characteristics of place of occurrence, whether or not the volume of crime. Arson was added homicide victims reported to police, use of weapons, as the eighth UCR lndex offense in occurrence of injury, and economic consequences) 1978. Sponsor: Department of Justice Department of Justice The NCS provides information Federal Bureau of Investigation Bureau of Justice Statistics about victims and crimes not reported to police The UCR counts only crimes coming Each program is subject to a variety In 1973, to learn more about crimes and to the attention of the police. The NCS of limitations that affect its estimate of the victims of crime, the National Crime obtains information on both reported crime. For example, an increased will- Survey began to measure crimes not and unreported crime, though not ingness by victims to report crimes to reported to police as well as those that necessarily all unreported crime. police could produce an apparent are reported. Except for homicide increase in UCR estimates, even if the (which is well reported in police statis- The UCR counts crimes committed "true" amount of crime remained stable. tics) and arson (which is difficult to against all people and all businesses, Similarly, the NCS is known to under- measure using survey techniques), the organizations, government agencies, count crimes committed by persons NCS measures basically the same and other victims. NCS counts only related to the victim, specifically domes- crimes as the UCR. Both the UCR and crimes against persons age 12 or older tic violence. The result of these limita- NCS count attempted as well as com- and against their households. tions, some of which result in overcount- pleted crimes. NCS does not measure ing crime while others result in under- commercial crimes. The two programs, because they counting it, serve to create differences serve different purposes, count crimes in the estimates that the two programs The portraits of crime from NCS differently in some instances. For exam- produce. and UCR differ because they serve ple, if a criminal robs a victim and steals different purposes and are based someone else's car to escape, UCR on different sources counts only the robbery, the more serious crime. NCS could count both, one These are some of the more important as a personal crime and one as a differences in the programs, thought to household crime. account for much of the difference in resulting statistics:

Report to the Nation on Crime and Justice 11 - - How much crime is there?

In 1985 violence or theft touched A violent crime by strangers 35 million victimizations occurred about a fourth of all households andlor a burglary struck in 1985 according to NCS data 8% of all households in 1985 Personal crimes According to the NCS more than 22 million households were victimized by at Public opinion polls show that burglaries Crimes of violence least one crime of violence or theft. and violent crime by strangers are high Rape Robbery Almost 16 million households, or 18% on the list of the greatest public con- Aggravated assault of those in the Nation, were victimized cerns and fears. According to NCS, 7 Simple assault by at least one theft during the year. million U.S. households were touched Crimes of theft Almost 5 million, or 5%, were burglar- by one or more of these crimes in Larceny with contact 523,000 ized at least once. 1985-the household was burglarized Larceny without About 1% were victimized by the theft and/or one or more of its members contact 12,951,000 or attempted theft of a motor vehicle. were raped, robbed, or assaulted by a 5% of all households had members stranger. These high-concern crimes Household crimes who were victims of at least one violent affected 1 in 13 households in the Burglary crime of rape, robbery, or aggravated or Nation. Larceny simple assault. Motor vehicle theft Total 34,864,000

Source: Crim~nalvictimization. 1985. BJS Bulletin, October 1986.

12 million UCR lndex Crimes Property crimes outnumbered violent crimes by 9 to 1 were reported to police in 1985

Violent crimes Murder Violent Forcible rape / Property crimes 89% crimes 11% Robbery Aggravated assault Murder .2% Rape .7% Property crimes 11,102,600 Burglary 3,073,300 Larceny-theft 6,926.400 Motor vehicle theft 1,102,900

Total 12,430,000 Robbery 4% Note: Offenses may not add to totals because of rounding.

Source: FBI Crime in the United States 1985.

Businesses reported almost 1 million burglaries and over 100,000 robberies in 1985

The UCR shows that more than half Aggravated the 956,096 nonresidential burglaries assault 6% reported to the police in 1984 occurred at night. Eighteen percent were known to have taken place during the day. (In 31% the time of day was not known.)

In 1985 more than 100,000 completed 0 20 40 60 80 100 or attempted robberies were reported to Percent of UCR lndex offenses the police by stores, gas stations, banks, and other commercial establish- Note: Percents do not add to 100% because of rounding. ments. Convenience stores were sub- Source: FBI Crime in the United States 1985. jected to 26,000 robberies-about 1.7 times the number of gas station robberies and 4 times the number of bank robberies.

12 Report to the Nation on Crime and Justice What are the trends in crime?

The various sources of crime data These statistical series are complemen- Homicide data from the NCHS provide examine different aspects tary measures of crime in much the another perspective on crime trends. of crime and crime trends same way that the Consumer Price UCR and NCHS data on homicide track lndex and the Producer Price lndex are closely, but differences in coverage and The analysis of crime trends here uses complementary measures of the definition cause slight differences in crime rates from several different economy. rates. The existence of both sources sources: the National Crime Survey, and their close tracking confirms the which has been conducted since 1973; As previously discussed, NCS and UCR general trends in homicide and pro- the Uniform Crime Reports, which was serve different purposes and use differ- vides a long-term perspective on vio- begun in 1930; and homicide statistics ent methodologies. These differences lence in the United States. from coroners' reports to the National are thought to account for a large part Center for Health Statistics (NCHS), of the apparent divergence between which are available from 1900. As previ- NCS and UCR trends. ously discussed, each of these sources measures only specific types of crime.

Victimization rates are well below the levels of 1979 Violent crimes Crimes of theft Crimes against against persons against persons households per 1,000 persons per 1,000 persons per 1,000 age 12 and older age 12 and older households

% change 010 change 010 change (1976-85) (1976-85) (1976-85)

Source: Criminal victimization 1985, BJS Bulletin. October 1986.

Report to the Nation on Crime and Justice 13 The percentage of households The 1985 estimate continued a down- Several different theories explain touched by crime has declined ward trend that has characterized the recent declines in crime rates over the past 10 years measure since its introduction in 1975 when 32% of all American households No one cause has been empirically In 1985, 25% of all US, households were touched by crime. found to explain the recent decline in were touched by crime according to the crime. Criminologists have offered NCS. Each of these households was While the percentages have fallen for several possible explanations for the victimized by at least one burglary, every type of crime measured, the recent decline in crime, including- larceny, or motor vehicle theft, or one or declines have been the greatest for per- * incapacitation of larger numbers of more of its members were victims of a sonal larceny without contact (from 16% career criminals decreasing size of the teen and young raDe, robberv, or assault bv stranners. to 12%) and burglary- ~ (from 8% to 5%). . . A. - adult population, the most crime-prone age group in society growth of citizen crime-prevention activities such as neighborhood watch programs.

Most UCR lndex Crimes reported to the police have declined from their peak rates of 1980 UCR lndex Crimes % change per 100.000 U.S. population (1976-85)

Violent UCR lndex Crimes % change per 100.000 U.S. population (1976-85)

/ 400

Aggravated assault ---

Total violent crimes ,---,,,,,,, +19% --- + 3% Rape + 38% Motor vehicle theft Homicide -10%

1980 1985 Source: FBI Crime in the United States 1985.

14 Report to the Nation on Crime and Justice Homicide statistics provide insights National Center for Health Statistics 1934 and 1958 it fell to 4.5. From 1961 into long-term crime trends shows rates rising from 1976, peaking in through 1980 it rose again to 11. Many 1980, and declining to levels below the minor, short-term trends are also evi- To gain the best perspective, crime 1976 rate. However, this is only part of a dent, such as the 1945-47 rise within a trends should be examined over the long-term trend apparent since 1900. long-term falling trend. It is too early to longest possible period. Short-term Overall, three major long-term trends in tell whether the decline since 1980 is trends portray only a part of the trend homicide are evident. From 1903 to the start of a long-term declining trend picture. For example, the most recent 1933 the rate rose from 1.1 to 9.7 homi- or a temporary pause in the rising trend decade of homicide data from the cides per 100,000 people. Between that began in 1961.

In 1980, the homicide rate was at the highest level in this century

Homicides per 100.000 U.S. population

1900 1910 1920 1930 1940 1950 1960 1970 1980 1985

Source: Vital statistics of the United States, National Center for Health Statistics.

Report to the Nation on Crime and Justice 15 How serious are various types of crimes?

The public's ranking of the severity How do people rank the severity of crime? of crimes was measured through Severity Severity a national survey score Ten most serious offenses score Ten least serious offenses

The National Survey of Crime Severity Planting a bomb in a public building. Two persons willingly engage in a (NSCS) was conducted in 1977. It The bomb explodes and 20 people are homosexual act. described 204 illegal events-from play- killed. ing hooky from school to planting a Disturbing the neighborhood with loud, A man forcibly rapes a woman. As a noisy behavior. bomb that killed 20 people in a public result of physical injuries, she dies. building. This survey of a nationwide Taking bets on the numbers sample of peopie is the largest measure Robbing a victim at gunpoint. The vic- ever made of how the public ranks the tim struggles and is shot to death. A group continues to hang around a corner after being told to break up by a seriousness of specific kinds of A man stabs his wife. As a result, she police officer. offenses. dies. A youngster under 16 years old runs Severity scores were developed from Stabbing a victim to death away from home. the responses to the survey. Mathemati- Intentionally injuring a victim. As a Being drunk in public cal techniques were used to enable result, the victim dies. comparisons between scores. For exam- A youngster under 16 years old breaks ple, a severity score of 40 is twice as Running a narcotics ring a curfew law by being out on the street after the hour permitted by law. serious as a score of 20. A woman stabs her husband. As a result, he dies. Trespassing in the backyard of a private The National Survey of Crime home. Severity found that many diverse An armed person skyjacks an airplane and demands to be flown to another A person is a vagrant. That is, he has groups of people generally agree country. no home and no visible means of sup- about the relative severity port. of specific crimes A man forcibly rapes a woman. No other physical injury occurs. A youngster under 16 years old plays However, the severity scores assigned hooky from school. by crime victims are generally higher Source. The severity of crme, BJS Bullet~n,January 1984. than those assigned by nonvictims. For most people, the severity of a crime of theft depends on the dollar value of the In deciding on severity people seem to The types of drugs used when drugs loss rather than on the background of take into account such factors as- are involved. For example, selling heroin the person making the judgment. The ability of the victim to protect to others for resale is rated higher (20.6) himlherself. For example, when a parent than when the same offense involves However, some differences were noted beats a young child this offense is marijuana (8.5); individual use of heroin among different groups of people: scored higher (22.9) than when a is rated 6.5, marijuana 1.4. The severity scores assigned by teenage boy beats his mother (15.9). blacks and members of other racial Extent of injury and loss. For example, White-collar crimes are viewed as groups (Asians, Pacific Islanders, Native when death is involved scores are much seriously as many conventional Americans, etc.) were generally lower higher (35.6) than when there is no property and violent crimes than those assigned by whites. hospitalization (8.5). Older people found thefts with large For property crimes, the type of busi- Such crimes include fraud against con- losses to be slightly more severe than ness or organization from which the sumers, cheating on income taxes, pol- did people of other age groups. property is stolen. For example, stealing lution by factories, pricefixing, and a $1,000 painting from a museum is acceptance of bribes. For example, the Almost everyone agrees that ranked higher (9.7) than stealing $1,000 score for a doctor cheating on claims violent crime is more serious in tools from a railroad yard (7.9). he or she makes to a Federal health than property crime The relationship of the offender to the insurance plan for patient services (14.1) victim. For example, when a man beats is almost three times as high as the However, people make distinctions his wife with his fists resulting in score for forcefully robbing a victim of about seriousness depending on the hospitalization the score is higher (18.3) $10 when no injury occurs (5.1). circumstances of the crime. For exam- than when the same situation occurs ple, an assault is viewed as more seri- among three high school boys and a ous if a parent assaults a child than if a male classmate (11.3). man assaults his wife, even though both victims require hospitalization. These differences are greater for assaults that result in death.

16 Report to the Nation on Crime and Justice When does crime occur?

The warmer months are the peak season for many types of crime Some types of larceny and burglary show strong seasonal trends

The impact of seasonality on crime rates varies from one type of crime to another, but NCS data indicate that Household larcenies of more than $50 most types of personal and household Rate per 1,000 crimes are more likely to occur during households the warmer months of the year. UCR data show that the number of rapes reported to the police also peaks during the summer months.

Among the possible explanations for this warm-weather trend, the most probable ones are that- * people spend more time outdoors during these months, making them more vulnerable to some crimes individuals leave their homes more often during this time of year, or leave doors and windows open, making their homes more vulnerable to property crimes.

Exceptions to this trend include- * robbery, which fluctuates across Household burglaries: Unlawful entries months, but displays no regular pattern Rate per 1,000 of high and low months from one year households to another personal larceny of less than $50, which shows a regular seasonal trend, but displays a drop during the summer months that is most likely from a decline in school-related thefts during the summer.

Crime incidence varies with time of day

In 1985 among the crimes most likely to occur during evening or nighttime hours were motor vehicle theft (63%) and serious violent offenses such as robbery Personal larcenies with contact with injury (60%) and aggravated (Purse snatchings and pocket pickings) assault (580/0), according to the NCS. Rate per 1,000 persons age 12 Among the crimes least likely to happen and older at night were simple assault (450/0), ~Decernber purse snatching and pocket picking (340/0), and personal larceny without contact (35%).

Many people do not know when some crimes took place. However, among victims who did know, burglaries were almost equally divided between day- time and nighttime, and household larcenies were more likely to happen at night.

Source: BJS National Crime Survey, 1980-84.

Report to the Nation on Crime and Justice 17 Where does most crime occur?

In what counties is crime most likely to occur?

_... Number of UCR Index offenses per 1.000 population Oto20 20 to 40 40 to 60 60+

Annual data incomplete

Counties with the highest crime Rural counties are heavily represented In some ways, the incidence rates are diverse; those with the among counties with both very high of crime differs by region lowest rates tend to be rural and very low per capita crime rates. There are several possible explanations In 1986 the NCS showed that- Many factors can account for particu- for these findings. First, the populations Households in the Northeast were larly high or low county crime. for these counties tend to be very small, least vulnerable to crime (19%), while so that any change in the absolute vol- those in the West were most vulnerable 0 High crime rates were recorded in ume of crime will greatly affect per cap- (30%). About 25% of the households in 1984 for a diverse set of counties. Some ita crime rates. Second, geographic dis- the Midwest and South were touched (such as Suffolk County, Massachusetts, persion of rural populations and crime by crime. and Multnomah County, Oregon) con- reporting practices may affect the per- Households in all regions were about tain large urban centers. Others are ception, detection, and reporting of as likely to have a member suffer a rob- resort areas (such as Alpine County, crimes. bery or have a motor vehicle stolen. California, and Summit County, Northeastern households were the Colorado). Resort areas have a high least likely to be victims of a theft, bur- number of transients who are not glary, or assault. included in the resident populations that are used to compute these rates.

18 Report to the Nation on Crime and Justice Crime rates are highest in major metropolitan areas 87% of violent crimes by strangers occurred away Number of UCR Index from the victim's home crime rates per 100,000 population National Crime Survey data for 1985 Violent Property indicate that- -crimes crimes * 26% of the total number of violent crimes occurred in and around the vic- Metropolitan statistical areas (MSAs) 658 5.262 Urbanized areas that include at least one city with 50,000 or tim's home, but 32% of all rapes more inhabitants, or a Census Bureau defined urbanized occurred there. area of at least 50.000 inhabitants and a total MSA popula- 40% of violent crimes by persons tion of at least 100,000 known to the victim occurred in or near Non-MSA cities 319 4.262 the victim's home, but only 16% of Cities that do not qualify as MSA central cities and are not those committed by strangers occurred otherwise included in an MSA there. 84% of all household larcenies Suburban areas 341 3,883 Suburban cities and counties within metropolitan areas occurred near rather than inside the victim's home, partly because thefts inside Rural Areas 168 1,636 the home often involve illegal entries or Source: FBI Crime in the United States 1985. breakins and thus would be classified as burglaries. Personal larcenies with contact (such What are the trends in urban, Suburban dwellers are more likely to as pocket picking) occurred in a num- suburban, and rural crime? be victims of crime in their central city ber of different settings such as than are city dwellers to become victims on the street (23%), in commercial According to the UCR from 1983-86- in the suburb surrounding their cities. buildings (22%), and on public trans- Increases in violent crime were This may result from differences in com- portation (15%)' greatest for suburban areas (20%) and muting patterns.

MSAs (17%). Robbery and personal larceny with 010 crimes Violent and property crime rates were contact (purse snatching and pocket of violence 010 personal consistently highest for MSAs, followed picking) are especially likely to occur in (rape. larceny robbery, with by the rates of suburbs and non-MSA cities. Place of occurrence assault) contact* cities, and consistently lowest for rural areas. Persons who live in central cities On street, in a Violent crime rates increased in all are more likely than suburban or parking lot 36% 28% types of places, ranging from a rise of rural residents to be victimized On public trans- 9% in rural areas to an increase of 20% portation 1 15 Victimization rates for persons age 12 and older in suburban areas. lnside commer- Property crime rates showed less Place of residence Crimes of Crimes cia1 building 7 22 change. This rate dropped in rural areas and population --violence of theft (2%). Other types of places registered lnside restaurant 6 12 an increase of no more than 5% (MSAs Total all areas 3 1 77 lnside own home 13 3 and suburban areas). All central cities 43 92 Near own home 13 4 50,000-249,999 38 90 By far the largest number of crimes 250,OO-499,999 39 85 lnside school 9 4 500,000-999,999 48 105 occurs in the general area Friend's or 1,000,000 or more 48 90 where the victim lives neighbor's home 8 3 All suburban areas 29 82 Elsewhere 8 10 According to NCS- 50,000-249.999 25 72 88% of the violent victimizations of 250,000-499,999 30 79 Total 100% 100% 500.000-999.999 30 88 central city residents occurred in their 1,000,000 or more 33 93 'By definit~on,personal larceny withoul contact cannot central city; 73% of the violent victimiza- occur in these locat~ons.Thefts from home are household tions of suburban residents occurred in Nonmetropolitan areas 22 58 larcenies. their suburban area; and 77% of violent Source: BJS Criminal wctrmrzation in the U.S.. 1985, May Note. Rates are per 1.000 population age 12 and older. The 1987. victimizations of nonmetropolitan resi- population range categories shown under the "all central c~t- dents occurred in the same county as ies" and '811 suburban areas" headings are based only on the slze of the central c~tyand do not include the population their residence. of the entire metropolitan area

Source: Locating crty, suburban, and rural crime. BJS Special Report, December 1985.

Report to the Nation on Crime and Justice 19 To what extent are weapons involved in crime?

Except for homicide, most violent crimes do not involve weapons I Handguns were used in 43% of all homicides in 1985

Weapon Homi- Rob- 43% Handguns use cide Rape bery Assault ---- 1 Shotguns Weapon used 93% 25% 49% 34% ;; , 1 Rifles Firearm 59 11 23 12 Other firearms Knife 21 14 21 10 Other 13 5 13 15 21 % Cutting or stabbing instruments Blunt objects (clubs, hammers, etc.) None used 7% 75% 51 Yo 66% Personal weapons (hand, fist, foot, etc.) Note: Because some victimizations involve more than one type of weapon. totals may add lo more than 1000/0. Other weapons (poison, explosive, fire, etc.) Sources: The use of weapons in committing crimes. BJS I Source: FBI Crime in the United States 1985. Special Report January 1986, and FBI Crime in the United States 1985. An offender's choice of weapons The armed assailants that victims Weapons are most often used can affect crime completion face are more likely to be strangers to threaten than nonstrangers NCS data indicate that an offender with Violent offenders may use weapons to a gun rather than with a knife or other In 68% of the victimizations that force the victim to submit to the weapon has a greater ability to com- involved a weapon, the victim and offenders' demands without actually plete robberies or rapes. Offenders with offender were strangers rather than assaulting the victim and causing injury. guns or knives completed a higher acquaintances (26%) or relatives (6%). Offenders armed only with a gun actu- proportion of rapes than did unarmed Strangers were the offenders in 71% of ally shot victims in somewhat less than offenders and those armed with other all victimizations involving guns, 68% of 4% of all violent victimizations and weapons. all involving knives, and 65% of all attempted to shoot the victim in 21% of involving other weapons. such incidents; offenders armed only with knives actually stabbed victims in 10% anti tried to stab victims in another Victims attacked by armed offenders were more likely than those 12% of all victimizations. More than half attacked by unarmed offenders to be injured seriously of all victimizations by offenders armed Percent of violent victimizations where the victim- only with guns (58%) and half of all vic- Violent Was at- Was injured Needed medi- timizations by offenders armed only with victimizations Was attacked and and needed cal help in knives involved only the threat posed by medical help a hospital involving- tacked-- injured the weapon itself. 1 Unarmed offenders 52% 30% 10% 6% Armed offenders seldom had more Armed offenders 49% 30% 15% 1 1O/o than one type of weapon Gun only 37 14 8 6 Knife only 43 25 14 10 Other only (rocks, bottles, According to NCS, in about 93% of all sticks, etc.) 63 45 22 15 victimizations between 1973 and 1982 in Combination which offenders possessed weapons, of weapons 58 38 2 1 15 the offenders had only one type of Source: The use of weapons in committing crimes. weapon (that is, only guns or only BJS Special Report. January 1986. knives or only other objects used as weapons).

20 Report to the Nation on Crime and Justice What is the relationship between Law enforcement officers In 1985 actual bombings made up injury and presence of a gun most often are assaulted 68% of the total number of bombing in victimization? by unarmed offenders incidents; 32% were attempts. The 847 bombing incidents in 1985 When guns are present victims are less % resulting represented an increase from the 803 likely to be injured than if the offender is Means of % of all in personal assault assaults injury that occurred in the previous year. armed with a knife or other weapon Personal injuries from bombings because guns are often used to coerce Firearm 5% 21 % between 1975 and 1984 dropped from the victim into compliance, according to Knife 3 27 326 to 144 and deaths from 69 to 28. NCS. However, when the gun is fired Other weapon 9 41 In 1975 three major bombings Hands, fists, injuries to the victim (if the victim sur- feet, etc. 84 34 resulted in a very high number of vives) are often very serious. Offenders deaths and injuries for that year. armed only with guns actually shot vic- Total 100% 100% tims in somewhat less than 4% of all Note: Totals add to more than 1000/0 because of use of What is the target of bombings? violent victimizations and attempted to multiple weapons. %of all shoot the victim in 21% of such inci- Source: FBI Law enforcement officers killed and assaulted 198.5. incidents dents. Target of bombing (actual and incidents attempted) However, for victims who reported However, weapons were more likely to hospital stays of one night or longer, be involved in the injury or death of law Residences those who had been injured by guns enforcement officers. Of the 78 law Commercial establishments enforcement officers feloniously killed in Vehicles reported an average hospital stay of Schools 16.3 days compared to 7.2 days for inci- the line of duty in 1985, three-fourths Government property dents involving knives, 8.2 days for (58) were killed by handguns. Three (including military other weapons, and 6.6 days for injuries officers were killed by rifles and 9 by and postal) shotguns. Eight officers died from other Persons inflicted by an unarmed offender. Policeifire department than firearm wounds: 1 was stabbed, 5 buildingslproperty Men were more likely than women were struck by a vehicle, and 3 were Miscellaneous beaten with blunt objects. and blacks were more likely than Total 100% whites to be attacked by Source: FBI Bomb summary, 1985. an armed offender In addition, 70 law enforcement officers were accidently killed in the line of duty What is the motive in bombing About 41% of male but only 29% of in 1985. Of these, 33 died in motor vehi- incidents? female violent crime victims between cle accidents, 8 in aircraft accidents, 1973 and 1982 were attacked by and 7 officers were killed when struck Terrorist groups claimed responsibility offenders with weapons. by vehicles. In addition, 5 died in accidental shootings and 6 by other for 5 of the 847 bombing incidents in More than half (5100) of all black but 1985. All 5 of these incidents were only 35% of white victims of violent means such as falls or drowning. actual explosions. The three most com- crime between 1973 and 1982 faced mon motives attributed to nonterrorist offenders with weapons. 847 bombing incidents occurred bombings in 1985 were animosity, mis- Blacks were twice as likely as whites in the United States in 1985 chief, and revenge. More than half of all to be confronted by an offender armed bombings were done for unknown with a gun. Bombing incidents declined by 59% between 1975 and 1985, falling from motives. 2,074 in 1975 to 847 in 1985.

Report to the Nation on Crime and Justice 21 Basic sources President's Commission on Organized Crime Report to the President and Attorney U.S. Department of Justice General, The impact: Organized crime Bureau of Justice Statistics: today (Washington: USGPO, April 1986) BJS Bulletins- U.S. Department of Transportation Criminal victimization, 1985, NCJ-102534, October 1986 National Highway Traffic Safety Household burglary, NCJ-96021,January 1985 Administration: Households touched by crime, 1985, NCJ- A digest of State alcohol-highway safety 101685, June 1986; 1986, NCJ-105289, related legislation, 1st edition. 1983; 5th June 1987 edition, January 1, 1987 The severity of crime, NCJ-92326, January 1985 traffic fatalities, preliminary report, 1984 technical report, DOT HS 806968, May 1986 BJS Special Reports- Electronic fund transfer and crime, NCJ-92650, U.S. Department of Health and Human February 1984 Services Electronic fund transfer fraud: Computer National Center for Health Statistics: crime, NCJ-96666, March 1985 Locating citx suburban, and rural crime, Vital statistics of the United States, 1983 NCJ-99535, December 1985 Robbery victims, NCJ-104638, April 1987 Other sources The use of weapons in committing crimes, A comprehensive perspective on civil and NCJ-99643, January 1986 criminal RlCO legislation and litigation, Racking offenders: White-collar crime, NCJ- American Bar Association, Criminal Justice 102867, November 1986 Section, April 18, 1985, pp. 6-7 BJS Reports- Block, Carolyn Rebecca, Lethal violence in Computer crime: Electronic fund transfer Chicago over seventeen years: Homicides systems and crime, NCJ-83736, July 1982 known to the police, 7965-1987, Illinois Crimi- Criminal victimization in the United States, nal Justice Information Authority, July 1985 1985, NCJ-104273, May 1987 Douglas and Restler, "Criminal profiling from Dictionary of criminal justice data crime scene analysis," Behavioral Science terminology: Terms and definitions and the Law (Autumn 1986) proposed for interstate and national data collection and exchange, 2nd edition, Levin, Jack, and James Alan Fox, Mass NCJ-76939, 1981 murder America's growing menace (New Electronic fund transfer systems fraud: York and London: Plenum Press, 1985) Computer crime, NCJ-100461, April 1986 Sutherland, Edwin, White collar crime (New BJS Survey- York: Holt, Rinehart and Winston, 1949) National Crime Survey, 1973-85 Notes Federal Bureau of Investigation: 'The estimate includes drunk passengers, Bombing summary, 1985 bicyclists, and pedestrians, not just drunk Crime in the United States 1984 and 1985 drivers. Law enforcement officers killed and assaulted ZFederal Regulation provides that, in 1985 E general, accountholders will be liable for only Uniform Crime Reports, 1961-85 $50 loss where ATM cards are reported National Institute of Justice: missing within 2 working days of discovery or Reiss, Albert J., and Albert D. Biderman, $500 if card is reported missing after 2 days. Data sources on white-collar lawbreaking, September 1980 Edelhertz, Herbert. The nature, impact, and prosecution of white-collar crime, 1970

22 Report to the Nation on Crime and Justice Chapter II The victim

Patsy A. Klaus Carol G. Kaplan Michael R. Rand Bruce M. Taylor

This chapter profiles victims of crime with data that answer such questions as- How do crime rates compare with the rates of other life events? Is there a relationship between the fear of crime and actual risks of victimization? How does crime affect its victims? What groups of people are most likely and least likely to become victims of crime? What are the risks of becoming a victim of rape, robbery, or assault? What kinds of households are victimized by crime? Who are the victims of homicide? What is the likelihood of being victimized over an entire lifetime? How do people protect themselves from crime? Is a person more likely to be victimized by a stranger or by a relative or acquaintance? Why are only a third of all crimes against people and their households reported to the police? Which States have compensation programs to help victims of violent crime?

Patrick A. Langan of BJS prepared the data on risks of various life events and on the lifetime risk of homicide. Other valuable contributions to this chapter were made by Sara E. Smith, Anita D. Timrots, Herbert Koppel, and Catherine Whitaker of BJS and by the National Organization for Victim Assistance. Assistance in verifying the information on the use of deadly force was provided by numerous people in the various States, particularly the directors of the State Statistical Analysis Centers.

Report to the Nation on Crime and Justice 23 The fear of crime affects many people, including some who have never been victims of crime

The chance of being a violent The Victimization Risk Survey found How do crime rates compare with crime victim, with or without that- the rates of other life events? injury, is greater than that of * 9 in 10 persons felt very or fairly safe being hurt in a traffic accident in their places of work Rate per 1,000 adults few persons-about 1 in 10-felt in Events per year' The rates of some violent crimes are danger of being a victim of a crime by higher than those of some other serious a fellow employee, but persons working Accidental injury, all life events. For example, the risk of in places that employ more than 50 circumstances 242 being the victim of a violent crime is people were more likely to express fear Accidental injury at home 79 higher than the risk of death from can- of possible victimization. Personal theft 72 cer or injury or death from a fire. Still, a Accidental injury at work 58 person is much more likely to die from The groups at the highest risk Violent victimization 31 natural causes than as a result of a of becoming victims are not Assault (aggravated and simple) 24 criminal victimization. the ones who express the Injury in motor vehicle accident 17 greatest fear of crime Death, all causes 11 About a third of the people Victimization with injury 10 in the United States feel very safe Females and the elderly generally Serious (aggravated) assault 9 in their neighborhoods express a greater fear of crime than do people in groups who face a much Robbery 6 The fear of crime cannot be measured greater risk. The Reactions to Crime Heart disease death 4 precisely because the kinds of fears project found that such impressions are Cancer death 2 people express vary depending on the related to the content of information Rape (women only) 2 specific questions asked. Nevertheless, about crime. Such information tends to Accidental death, all asking them about the likelihood of emphasize stories about elderly and circumstances .5 crime in their homes and neighbor- female victims. These stories may Pneurnonidinfluenza death .3 hoods yields a good assessment of how influence women and the elderly in Motor vehicle accident death .2 safe they feel in their own immediate judging the seriousness of their own Suicide .2 environment. condition. Perhaps groups such as Injury from fire 1 females and the elderly reduce their risk Homicidellegal intervention In the Victimization Risk Survey, a 1984 of victimization by constricting their death 1 supplement to the National Crime Sur- activities to reduce their exposure to Death from fire .03 vey, most people said that they felt at danger. This behavior would account, at least fairly safe in their homes and least in part, for their high levels of fear These rates approximate your chances of becoming a victim of these events. More preclse estimates can be neighborhoods. Yet, the people who and their low levels of victimization. derived by taking account of such factors as your age. said that they felt "fairly safe" may have sex, race, place of residence, and lifestyle. Findings are been signaling some concern about Relatives, friends, and neighbors based on 1982-84 data, but there is little variation in rates from year to year. crime. Based on a "very safe" response, who hear about a crime become a little more than 4 in 10 people felt as fearful as the victim These rates exclude children from the calculations (those under age 12-17, depending on the series). Fire entirely safe in their homes and about 1 injuryldeath data are based on the total population. in 3 felt totally safe in their When one household in a neighbor- because no age-specific data are available in this series. neighborhoods- hood is affected by a crime, the entire * homeowners felt safer than renters neighborhood may feel more vulnerable. Sources: Current estimates from the National Health people living in nonmetropolitan areas Intervfew Survey: Unrted States, 1982, National Center This suggests that people who have not for Health Statistics. 'Advance report of final mortality felt safer than those living in cities been victimized personally may be statistics, 1983," Monthly Vital Statistics Report, National families with incomes of $50,000 or strongly affected when they hear about Center for Health Statistics. Estimates of the population of the United States, by age, sex. and race: 1980 to more were most likely to report their how others have been victimized. The 1984, U.S. Bureau of the Census. The 1984 Fire Alma- neighborhoods were very safe from Reactions to Crime project found that nac, National Fire Protection Association. Criminal vic- trmfzation 1984, BJS Bulletin. October 1985. crime. indirect reaction to crime is often very strong.

24 Report to the Nation on Crime and Justice - - How does crime affect its victims?

$13 billion was lost from personal Median losses from personal crimes 15% required some kind of medical and household crimes in 1985 were higher for blacks ($58) than for attention whites ($43). 8% required hospital care. The direct cash and property losses Median losses from household crimes from personal robberies, personal and were higher for blacks ($90) than for The likelihood of injury was- household larcenies, household bur- whites ($60). * greater for females than males even glaries, and privately owned motor vehi- More than 93% of the total loss from when rape was excluded from the anal- cle theft in 1985 was slightly more than crime was in crimes without victim- ysis $13 billion. This NCS finding probably offender contact (such as burglary, theft about the same for whites and blacks underestimates the amount covered by without contact, and motor vehicle greater for persons from lower than insurance because the claims of many theft). from higher income households. respondents had not been settled at the time of the NCS interview. Many victims or members of their Who is injured seriously enough families lose time from work to require medical attention? UCR data show that in 1985 losses from reported robberies, burglaries, and Along with injuries suffered, victims or An analysis of NCS data for 1973-82 larcenyltheft surpassed $5.9 billion. other members of their household may found that- Among the many economic conse- have lost time from work because of a * Female victims are more likely than quences of crime are lost productivity violent crime. Lost worktime was male victims to be injured, but they from victims' absence from work, medi- reported in 15% of rapes and 7% of have about the same likelihood of cal care, and the cost of security meas- assaults (11% of aggravated assaults, requiring medical attention (13% of ures taken to deter crime. 6% of simple assaults). female vs. 12% of male victims). Blacks are more likely than whites to Other costs of crime include the eco- Violent crimes killed 19,000 and require medical attention when injured nomic costs of the underground econ- injured 1.7 million in 1985 in violent crimes; 16% of black violent omy, lowered property values, and pain crime victims and 16% of the victims of and suffering of victims, their families, NCS data for 1985 show that of all rape, all other racial groups required medical friends, and neighbors. A fuller discus- robbery, and assault victims- attention, while 11% of white victims sion of the cost of crime is in Chapter V. * 30% were injured required such care.

The economic impact of crime How seriously a victim is injured varies by type of crime differs for different groups Percent of all violent The cost of crime is borne by all seg- victimizations reauirina: Median stay ments of society, but to different Treatment Overnight for those degrees. A study on the economic cost Medical in hospital hospital hospitalized of crime using NCS data for 1981 attention emergency room stav overniaht shows that the dollar loss from crimes involving money, property loss, or Rape 24% 14% 4 days Robbery 15 7 5 destruction of property rises with Assault 11 5 5 income. Aggravated 18 9 5 Simple 7 3 2 Median losses were higher for house- -less lhan .5% holds with incomes of $15,000 or more than for households with incomes of I Source: BJS National Crime Survey. 1973-82. less than $7,500 from burglary ($200 vs. $100) and from motor vehicle theft ($2,000 vs. $700).

Report to the Nation on Crime and Justice 25 The risk of being victimized depends on a combination of factors

Who are the victims of crime? The divorced or separated and the Violent victimization rates are higher never married are more likely than the among unemployed persons (whether Victims of crime are more often men married or widowed to be victims of male, female, white, or black) than than women. crime. These differences may result among employed persons in their from age differences of people in vari- respective groups. Younger people are more likely than ous marital-status groups. the elderly to be victims of crime. Violent and theft victimization rates are Violent victimization rates are higher higher among people who live in cities, Blacks are more likely than whites or among persons in lower income lower among those who live in suburbs, members of other racial groups to be families. and lowest among those who live in victims of violent crime. rural areas. Theft victimization rates do not differ significantly across racial categories. Young males have the highest violent victimization rates; elderly females have the lowest.

Victimization rates per 1,000 persons age 12 and older

Personal Personal Personal crimes of. . . crimes of. . . crimes of. . .

--violence theft violence -theft violence theft Total (U.S.)

Sex Family income Race, sex, and age summary Male Less than $7,500 52 68 White males Female $7,500-$9,999 34 63 12-1 5 $1 0,000-$14,999 32 65 16-1 9 Age $1 5,000-$24,999 28 68 20-24 12-1 5 $25,000-$29,999 29 69 25-34 16-1 9 $30,000-$49,999 22 76 35-49 20-24 $50,000 or more 25 90 50-64 25-34 65 and older 35-49 Education White females 50-64 0-4 years 13 23 12-1 5 65 and older 5-7 years 35 59 16-1 9 8 years 34 57 20-24 Race and origin 9-1 1 years 39 71 25-34 White High school graduate 27 60 35-49 Black 1-3 years college 34 87 50-64 Other College graduate 22 89 65 and older Hispanic Black males Non-Hispanic Employment status (1 984) 12-1 5 Retired 5 20 16-1 9 Marital status by sex Keeping house 14 35 20-24 Males Unable to work 17 25 25-34 Never married Employed 32 8 1 35-49 Divorcedlseparated In school 45 110 50-64 Married Unemployed 76 90 65 and older Widowed Black females Females Residence (1984) 12-1 5 Never married Central city 43 85 16-19 Divorcedlseparated 1,000,000 or more 45 80 20-24 Married 500,000-999,999 45 92 25-34 Widowed 250,000-499,999 37 88 35-49 50,000-249,999 44 8 1 50-64 Suburban 30 77 65 and older Rural 22 54 Note: Personal crimes of violence include rape, rob- 'Too few cases to obtain slatist~callyreliable data bery, and assault. Personal crimes of then include larceny withoul conlact, purse snatching, and pocket Source. BJS Crfmmal victimization 1n the 1984 and 1985. picking.

26 Report to the Nation on Crime and Justice Who are the victims of violent crime? What kinds of households are the victims of crime?

Violent crime is more likely to strike- Household crime rates are higher for households- * men than women except for rape * headed by blacks than those headed by whites or mem- the young than the elderly bers of other racial groups people with low than with high incomes headed by younger people blacks than whites or members of other minority groups with six or more people the divorced or separated and the never married than the headed by renters than those headed by home owners married or widowed. in the central cities than those in suburbs or rural areas.

Rates per 1,000 persons Rates uer 1.000 households age 12 and older Motor Robbery Assault -Rape Household vehicle burglary Larceny -theft Sex Male Age of household head Female 12-1 9 21 3 224 18 20-34 83 137 2 1 Age 35-49 69 110 15 12-15 50-64 48 75 13 16-19 65 and older 33 4 1 5 20-24 25-34 Race or origin 35-49 of household head 50-64 White 60 95 13 65 and older Black 83 120 22 Other 45 88 17 Race and origin Hispanic 85 127 23 White Non-Hispanic 62 96 14 Black Other Income Hispanic Less than $7,500 11 Non-Hispanic $7,500-$9,999 15 $1 0,000-14,999 14 Marital status $15,000-$24,999 14 Divorcedlseparated $25,000-$29,999 13 Never married $30,000-$49,999 16 Married $50.000 or more 21 Widowed Number of persons Income in household Less than $7,500 9 41 2 One 53 62 10 $7,500-$9,999 7 25 1 2-3 61 92 14 $1 0,000-$14,999 5 26 1 4-5 75 136 18 $1 5,000-$24,999 5 23 6 or more 78 173 17 $25,000-$29,999 5 24 $30,000-$49,999 4 18 1 Form of tenure $50,000 or more 3 21 Home owned or being bought 11 Employment status (1984) Home rented 19 Employed 6 26 1 In school 9 33 3 Place of residence (1984) Keeping house 3 10 1 Central city 87 129 22 Retired 2 3 1,000,000 or more 85 97 35 Unable to work 5 11 500,000-999,999 8 1 138 20 Unemployed 17 56 3 250,000-499,999 90 144 22 50,000-249,999 9 1 142 13 Residence (1984) Outside central city Central city (suburban) 56 97 -1 6 Suburban Nonmetropolitan (rural) 53 76 8 Rural Source: BJS Criminal victimization in the US . 1984 and 1985. 'There were too few cases to obtam statistically rel~abledata. "Th~s rate based on women only, the rate based on the total populat~onis 1

Source: BJS Criminal wctimization in the US.. 1984 and 1985.

Report to the Nation on Crime and Justice 27 Who are the victims of homicide?

What are the characteristics Homicide is one of the 15 most frequent causes of death of homicide victims? Percent of deaths by age at death

Homicide victims are more often men All aaes 1-14 15-24 25-34 than women. Persons aged 25-34 are the most 39.1 % Heart disease Accldents 53.5% Accidents 34.2% Accidenls likely to be homicide victims. 21.4 Malignant Malignant 13.6 Homicide 14.5 Homicide Blacks are five times more likely than neoplasms neoplasms 8.7 Cerebrovascular Congenilal 10.7 Suicide 11.8 Suicide whites to be homicide victims. disease anomalies 5.4 Accldents Homicide 5.5 Malignant 10.1 Malignant Number neopiasms neoplasms Victim Homicides per 100.000 2.9 Bronchilis, Heart disease 2.5 Heart disease 6.1 Heart disease characteristics in 1985 inhabitants asthma, and emphysema 2.8 Pneumonia and Pneumonia and Congenilal 2.5 Liver disease Total 17,545 7 Influenza influenza anomalies and cirrhosis including unknown 1.8 Diabetes Meningitis Cerebrovascular 1.9 Cerebrovascular characteristics disease disease 1.6 Liver disease Cerebrovascular Pneumonia and 1.I Diabetes Sex and cirrhosis diseases Influenza 1.5 Atherosclerosis Meningococcai Bronchllis. 1.I Pneumonia and Male infection asthma, and influenza Female emphysema 1.4 Sulcide Suicide Anemias 1.0 Congenital Age anomalies Under 1 year 190 5 1.2 Homicide Anemias .3 Benign .5 Nephritis and 1-14 690 1 neoplasms and nephrosis .4 Bronchitis, 15-24 4,081 10 .9 Nephritis Benign .3 Diabetes and nephrosis neopiasms asthma, and 25-34 5.370 13 emphysema 35-44 3,087 10 .5 Septlcemia Bronchitls. .2 Liver disease 4 Benign 45-54 1,576 7 aslhma, and and cirrhosis neoplasms 55-64 1,120 5 emphysema 65 and older 1,048 4 .4 Hypertension Septicemia .2 Complications .3 Complications Unknown age 383 of pregnancy of pregnancy .3 Benlgn Perlnatai .2 Nephritis and .3 Anemlas neoplasms condllions nephr0SiS Race White Total Black deaths 1,943.747 18,876 Other 35-44 45-54 55-64 65 and ovel

Sources: FBI Crime in the United States 7985. Estimates of Mallgnant Heart disease 36.7% Heart disease 44 4% Heart dlsease the populat~onof the United States by age, sex, and race, 21.3% 1980-85, U.S. Bureau of the Census. neoplasms 19.6 Heart disease Malignant Maltgnant 19.3 Malignant neoplasms neoplasms neoplasms What is your lifetime risk Accidenls Cerebrovascular 10.9 Cerebrovascular disease dlsease of being a homicide victim? Liver dlsease Bronchitis, 3.4 Pneumonia and and cirrhosis asthma, and influenza emphysema Lifetime risk of homicide 6.6 Homicide Cerebrovascular Accidents 3.2 Bronchitis dlsease asthma, and 1 out of: emphysema 6.0 Liver disease Suiclde Liver disease 2.1 Atherosclerosis and cirrhosis and cirrhosis 179 White males 3.7 Cerebrovascular Homicide Diabetes 1.9 Diabetes disease 30 Black males 1.5 Pneumonia and Bronchilis. Pneumonia and 1.9 Accidenls 495 White females influenza asthma, and influenza emphysema 132 Black females Diabeles Suicide 1.O Nephritis and nephrosis Source: Updated data based on similar material from The .7 Bronchitis. Pneumonia and Nephrit~sand .7 Liver disease risk of violent crime, BJS Special Report, May 1985. asthma, and influenza nephrosis and cirrhosis emphysema .6 Nephritis Nephritls and Homicide .5 Septlcemia and nephrosis nephrosis .6 Congenital Benlgn Seplicemia .5 Hypertension anomalies neoplasms 5 Benign Septicemia Benign .3 Stomach neopiasms neoplasms ulcers .4 Septicemia Hypertension Alherosclerosis .3 Suicide

.3 Hypertension Congenital Hypertension .3 Hernias anomalies Total deaths 58.418 133.157 1.341.848

Source. Fifteen leadlng causes of death, by age group. 1983. Center for Disease Control, Homicide surve~llance,U.S. Department of Health and Human Services, November 1986.

28 Report to the Nation on Crime and Justice What is the likelihood of victimization over an entire lifetime?

At current crime rates, almost everyone will be a victim With advancing age, the chance of crime during his or her lifetime of becoming a victim of a violent crime declines more rapidly An estimated five-sixths of us will be Many of us will be victimized more than life expectancy victims of attempted or completed vio- than once. Most of us will be victims of lent crimes during our lives. The risk is personal larceny three or more times. For example, at age 60 average life greater for males than females and for expectancy is nearly half as long as at blacks than whites. 30, but a person of 60 is only about a fourth as likely as a 30-year-old to Percent of persons who will be victimized by crime starting at age 12 become a victim of violent crime during the rest of his or her life. Similarly, peo- Total ple of age 30 are five times likelier than One or more Number of victimizations people of age 60 to be injured in a robbery or assault over the remaining course of their lives. Personal theft Violent crimes, total* differs from violent crime in that the Total population chances of being victimized are about Male Female proportional to remaining life White expectancy. Male Female Over a span of 20 years, most Black households will be victimized Male by burglary or larceny Female Violent crimes, Percent of households completed* that will be victimized Total population in a 20-year period Male Female Motor White vehicle Black ---Burglary Larceny theft Rape Total female All households 72% 89% 19% White Urban 80 93 27 Black Suburban 70 90 20 Robbery Rural 64 82 11 Total population Male Source. Lifetime hkelihood of victimizat~on, Female BJS Technical Report. March 1987. White Black Many households will be victimized Assault more than once in 20 years Total population Male More than a third of all households Female White and almost half of all urban households Black will be victims of two or more Robbery or assault burglaries. resulting in injury Almost two-thirds of all households will Total population be victims of two or more household larcenies. Personal theft 2% of all households will incur more Total population than one motor vehicle theft. Male Female White Male Female Black Male Female

Note: Except where noted, includes attempts. Source: Llfetime likelihood of victimization. BJS Technical - Less than 5%. Report, March 1987. \' Includes rape, robbery, and assault.

Report to the Nation on Crime and Justice 29 How do people protect themselves from crime?

About a third of all households Many businesses employ One family in five lives in an area have taken at least one measure security measures with a neighborhood watch program to prevent crime Two-thirds of employed respondents to Overall, 38% of the households in areas The Victimization Risk Survey in 1984 the Victimization Risk Survey reported at with neighborhood watch take part in inquired in households about what least one security measure in their the program. Families with yearly measures had been taken to prevent place of work. The security measures incomes of $25,000 or more were more crime. Of the households that cited most often were- likely than those with incomes of less responded- a receptionist to screen persons enter- than $10,000 to participate. Nearly twice 25% had engraved valuables to facili- ing the work place (42%) as many homeowners as renters partici- tate identification a burglar alarm system (33%) pate. About 44% of single-family homes 7% had participated in a neighbor- guards or police (30%). but only 16% of the 10-or-more- hood watch program household buildings participate. 7% had installed a burglar alarm. Businesses with 50 or more employees are more likely than smaller ones to use One in four central city families but only Households in which occupants felt security measures. Workers in manufac- one in five suburban families and one in unsafe or only fairly safe were more turing are most likely to have security eight nonmetropolitan families live in a likely to have taken at least one mea- measures at the workplace; those in neighborhood with a crime watch pro- sure to prevent crime than those that agriculture, forestry, fisheries, mining, or gram. However, nonmetropolitan families felt their neighborhood was very safe construction were the least likely to have are somewhat more likely than central from crime. them. city families to take part in the watch programs that exist in their neighbor- High-income households were more hoods. likely than low-income households to take such measures. About half of the households with yearly incomes of $50,000 or more and 22% of those with incomes of less than $7,500 had taken at least one preventive measure.

How do victims of violent crime protect themselves?

Percent of victims who used self- Rape victims are more likely than victims of other violent protection by type of crime* crimes to use force, try a verbal response, or attract atten- Victim response* --Rape Robbery Assault tion, and they are less likely than the others to use a gun or knife, use nonviolent evasion, or do nothing to protect them- Weapons use selves. Used or brandished gun or knife 3% 4% Robbery victims are the least likely to try to talk themselves Physical force Used or tried physical force 29 22 out of being victimized and the most likely to do nothing.

Verbal response Assault victims are the least likely to attract attention and Threatened, argued, reasoned, the most likely to attempt some form of nonviolent evasion. etc., with offender 19 10 Compared with simple assault victims, aggravated assault Attracting attention Tried to get help, attract victims are more likely to use a weapon, less likely to use attention, scare offender away 18 13 other means of force, less likely to try to talk themselves out of the incident, and less likely to do nothing to defend them- Nonviolent evasion selves. The fact that weapons are used more frequently by Resisted without force, used evasive action 13 14 victims of aggravated assault than by victims of any other violent crime leads to the suspicion that some of these vic- Other 1 2 tims may have played a part in causing the incident.

No self-protective actions 18 37

Total 100% 100%

Number of victimizations 1,206,755 8,484,516

'Victim self-protective responses are listed in the table in order of assertiveness. If victims indicated that they took more than one type of action, only the most assertive action was used in the analysis. Percen- tages may not sum to 100% because of rounding.

Source: BJS National Crime Survey. 1979-85

30 Report to the Nation on Crime and Justice In all States, citizens may use State laws define the circumstances in which citizens deadly force if they reasonably may be justified in using deadly force believe their life is in danger Even if life is not threatened, deadly However, the danger must be imminent force may be justified and immediate. For example, if an to protect: Specific crime against which intruder in a dwelling pulls a gun, a State Dwelling Property deadlv force mav be iustified confronted person has reason to assume he or she is in imminent and Alabama Yes No Arson, burglary, rape, kidnaping, or robbery in 'my degree" immediate danger of losing his or her Alaska Yes No Actual commission of felony Arizona Yes No Arson, burglary, kidnaping, aggravated assaults life. If the same person encounters the Arkansas Yes No Felonies as defined by statute intruder peacefully, several hours after California Yes No Unlawful or forcible entry leaving home, no imminent and immediate danger would exist, so deadly force Colorado Yes No Felonies, including assault, robbery,. rape, arson, kidnaping at that time would not be justified. In Connectic~ Yes No Any violent crime Delaware Yes No Felonious activity most States, if the assailant is provoked, D.C. Yes No Felony the use of deadly force is not justified. Florida Yes No Forcible felony

Georgia Yes Yes Actual commission of a forcible felony In some circumstances, citizens may Hawaii Yes Yes Felonious property damage, burglary, robbery, etc use force or deadly force to protect Idaho Yes Yes Felonious breaking and entering their surroundings, their belongings, Illinois Yes Yes Forcible felony or a third party Indiana Yes No Unlawful entry lowa Yes Yes Breaking and entering Whether or not a citizen is legally enti- Kansas Yes No Breaking and entering including attempts tled to use deadly force to protect his or Kentucky No No - her dwelling varies from State to State. Louisiana Yes No Unlawful entry including attempts In some States, forced entry is enough Maine Yes No Criminal trespass, kidnaping, rape, arson to indicate that an inhabitant is in immi- Maryland No No nent and immediate danger that justifies Massachusetts No No deadly force. In other States, the Michigan Yes No Circumstances on a case by case basis Minnesota Yes No Felony intruder would have to attack directly or Mississippi Yes - Felony including attempts threaten an inhabitant before deadly force would be justified. Generally, a Missouri No No - trespasser is not considered to pose a Montana Yes Yes Any forcible felony Nebraska Yes No Unlawful entry, kidnaping, and rape direct threat to life. Therefore, deadly Nevada Yes - Actual commission of felony force against a trespasser is not usually New Hampshire Yes - Felony justified. New Jersey Yes No Burglary, arson, and robbery New Mexico Yes Yes Any felony If an assailant is attacking a third party, New York Yes No Burglary, arson, kidnaping, and robbery including attempts a citizen may be justified in using North Carolina Yes No Intending to commit a felony deadly force if the third party is in immi- North Dakota Yes No Any violent felony nent and immediate danger of losing Ohio - - his or her life, provided the third party Oklahoma Yes No Felony within a dwelling did not provoke the attack. Oregon Yes - Burglary in a dwelling including attempts Pennsylvania Yes - Burglary or criminal trespass In most States, a citizen is not justified Rhode Island Yes - Breaking or entering in using deadly force to protect prop- South Carolina No No - erty. However, some States do allow the South Dakota Yes - Burglary including attempts use of some type of physical force to Tennessee Yes No Felony protect property. Texas Yes No Burglary, robbery, or theft during the night Utah Yes - Felony

Each State distinguishes when a citizen Vermont Yes - Forcible felony may use deadly force as compared to Virginia No No - physical force. Deadly force usually Washington No No - West Virginia Yes No Any felony refers to any force that is intended to Wisconsin No No - cause death or serious physical injury. Wyoming No No Physical force refers to all force directed Note: This table provides a summary of State statutes and Source: BJS update as of December 1986 based on data to another person including confinement should not be used by citizens In planning their protection. from Ronald Cruit, ed.. Intruder in your home (New York: but is not intended to be lethal. Legal advice that considers the specific situation and the Stein and Day. 1983). State statute is advised.

- No specific reference indicated in the statute.

Report to the Nation on Crime and Justice 31 What is the relationship between victim and offender?

The victim-offender relationship Strangers commit most violent crimes, especially robbery is not known for most crimes

Victim observations about the offender Crimes by strangers Crimes by nonstrangers can be obtained only from confronta- tional crimes such as rape, robbery, and Victims per 1,000 persons assault. The victim is usually absent age 12 and older during such crimes as burglary, motor 5 vehicle theft, and some forms of larceny. The NCS reports victim observations for 0 violent crimes. In 1985 the relationship between victim and offender was known in about 17% of the victimizations. Aggravated assault

Police investigations also identify many offenders. However, in UCR the victim- offender relationship is recorded only for 1975 1980 1985 1975 1980 1985 homicide and agencies are able to report only on offenders who have been Simple assault identified.

People are particularly fearful of being victimized by strangers, but assailants are often well 1975 1980 1985 1975 1980 1985 known to their victims Total violent crime Victims and their assailants may- * be strangers to one another know one another by sight only be friends or acquaintances be related.

The NCS defines- crime by strangers as any crime by persons identified by the victim as 1975 1980 1985 1975 1980 1985 "strangers" or by those identified as "known by sight only" nonstranger crimes as those commit- Source: BJS Criminal victimization in the U.S., 1973-85. ted by acquaintances, friends, family members, or other relatives. Males and the elderly Characteristics of crimes face the greatest risk of being by strangers tend to differ from In 1985 NCS estimated that- victimized by a stranger those by nonstrangers * more than 3.5 million violent crimes were committed by strangers Of the violent crimes by strangers- Crimes by strangers more often 2.3 million were committed by non- * 70% were against males involved two or more offenders. strangers. 30% were against females. * Most crimes by relatives and acquain- The victim-offender relationship Women were more vulnerable than men tances occurred in or near the victim's is not the same for all crimes to assaults by relatives. Of assaults by home, but most crimes by strangers relatives- occurred on the street. Persons known to their victims commit * 72% were against females more than half of all homicides. 23% were against males. Crimes by strangers more often Strangers commit three-quarters of all involved a weapon but less often robberies and half of all assaults. The elderly were more likely than youn- resulted in an attack. Crimes by rela- ger persons to have been victimized by tives more often involved an attack and Victim-offender strangers. For example, strangers injury than crimes by strangers or relationship --- Homicide Robbery Assault committed- acquaintances. * two-thirds of the violent crimes against Stranger 18% 75% 51O/o persons age 65 or older Acquaintance 39 17 35 Relative 18 4 10 less than half the crimes against per- Unknown 26 4 4 sons under age 20.

32 Report to the Nation on Crime and Justice Victims of violent crime by a relative Which family members commit What is the racial composition were more likely to try to get help or the most violent crimes? of victim-offender relationships? frighten the offender but were less likely to use physical force than were victims Percent Number of single of family offender violent of strangers or acquaintances. violence victimizations victimi- Relationship zations Of those injured, victims of crimes by White victim strangers or acquaintances were more White offender 2,737,770 likely to require medical attention than Total by all relatives 100% Black offender 568,120 victims of crimes by relatives. Spouses or Black victim ex-spouses 57 Black offender 502,400 Some family crimes are Parents 6 White offender 60,770 difficult to measure Children 4 Brothers or sisters 9 Violent crimes by strangers were more Other relatives 24 Some crimes, such as spouse and child interracial than crimes by acquaintances abuse, are difficult to measure. Attempts Source: Famdy vrolence, 8JS Special Report, or relatives. have been made to measure these Apr~l1984. crimes, but the estimates often vary Blacks and whites report violent Divorced or separated women are greatly from study-to-study, depending crimes by spouses or ex-spouses at more likely than married women on how violence is defined, the study's about the same rate, but blacks are to report being victims of violent sample size, and the methodology used more likely than whites to report violent crime by a nonstranger to collect the data. crimes by other relatives. A study of family violence using the Almost 500,000 cases of family violence National Crime Survey shows that in are reported to the National Crime Sur- almost three-fourths of spouse-on- vey each year. The NCS underestimates spouse assaults the victim was divorced the prevalence of crime by nonstrangers- or separated at the time of the incident. especially crime by family members- Assaults against married females are because some victims cannot or will not more likely to be underreported than tell the survey interviewer about the those against other women. crime. Victims may be unwilling to discuss About 90% of all violent crimes against an incident if the offender is present a spouse or ex-spouse were committed during the interview. by men. Many victims of family violence do not view their victimizations as crimes. About a fourth of the persons attacked Victims may feel ashamed or embar- by a spouse or ex-spouse said they had rassed to talk about a violent crime been the victim of at least three similar involving another family member or a crimes in the previous 6 months. friend. Some victims regard victimizations by nonstrangers as a private or a personal matter.

Other studies estimate the level of family violence to be much higher than that reported by the NCS. Straus, Gelles, and Steinmetz estimated that between 1.8 and 5.7 million couples experienced violence annually.1 The American Humane Society found that 1,713,000 cases of child abuse were reported to authorities in 1984.2

Report to the Nation on Crime and Justice 33 Most crimes are not reported to the police

The extent to which crime is rhefts resulting in large losses Only about a third of all crimes reported to police has only become are reported to the police ind serious violent crimes known in the past decade vith injury are most likely !Percent reported to police o be reported to the police I I It has long been known that many crimes escape the attention of the I All NCS-measured crimes I 'ercent reported police, but it was only with victimization I the police surveys that systematic data were collected on crimes that are not reported- - Motor vehicle theft involving the so-called "dark figure" of crime. loss of $250 or more Since 1973 the National Crime Survey has provided yearly findings on the extent to which crimes are reported to I Violent crimes the police, the characteristics of crimes Robbery with injury and (Rape, robbery, assault) that are and are not reported, and the / loss of $250 or more reasons for not reporting. All crime involving losses - of $250 or more The decision to report a crime is - Purse snatching with loss often based on its seriousness of $250 or more In 1983 the rate of reporting to the - Theft of $250 or more police was higher for- violent crimes than for personal 1975 1980 crimes of theft (48% vs. 26%) female than for male victims of violent - Aggravated assault with injury Larceny (personal and household) 1985 I crimes (53% vs. 45%) -older than for younger victims (38% - Completed rape of those 65 or older vs. 22% of those - Attempted assault with weapon 12-19). Completed forcible entry burglary

1975 1980 Reporting rates for motor vehicle - Simple assault with injury theft were higher than for burglary \ Completed robbery Household burglary and for household larceny with loss of $1 0-$49 In 1983 the rates of reporting to the police were- Attempted assault * 69% for motor vehicle theft ,without weapon 49% for household burglary - Theft of $50-$249 25% for household larceny.

Only minor differences occurred in the rates at which whites and blacks 1975 1980 reported these three household crimes.

Motor vehicle theft The highest income group was more likely than the lowest income group to report household crimes

Under $30.000 $10,000 and over -- - Theft of $10-$49 Household burglary 41 % 57%

Household larceny 20 29 - Theft of $1-$9 Motor vehicle theft 62 68

Source Reporting crimes lo the pol~ce. BJS Special Report. December 1985.

Source: Reporting crimes to the police Source: BJS Criminal victimization BJS Special Report, December 1985. in the United States, 1973-85.

34 Report to the Nation on Crime and Justice Homeowners were more likely than Other household members report preted with caution. The true proportion renters to report household crimes 13%, and someone else (for example, a of crimes by relatives that are reported neighbor, bystander, doctor, school prin- to the police is probably lower than the --Owners Renters cipal) reports 22%. survey estimate. Victims of crimes by Police are the first to discover the relatives who were willing to discuss Household burglary 54% 46% crime in 2.5% of all reported crimes. their victimization experiences possibly Household larceny 29 24 make up a special group of domestic Less than half of all violent assault victims. They may be more will- Motor vehicle theft 72 69 crimes were reported to police ing to discuss their experiences with an Source: BJS ~rrmna~victimization during the years 1982-84 interviewer because they have already in the United States 1985. reported the crimes to the police and Reporting rates for violent crimes discussed them with others or have Someone other than the victim were- left the domicile where the assault may report a crime to police 47% if committed by strangers occurred. Those who have not done so 53% if by relatives may be more reluctant to report them in Of reported crimes, about 60% of the 40% if by acquaintances. a survey interview. personal crimes of rape, robbery, assault, and theft are reported by the The higher police reporting rate for vio- victims themselves. lent crimes by relatives should be inter-

Many violent crimes are reported to prevent the crimes from happening again; many crimes of theft are reported because of a desire to recover property

Percent of victimizations reported to the police by most important reason for reporting the crime Economic Obligation Stoplprevent All To col- To re- Because Because To keep it this inci- To re- lect in- cover it was it was from hap- dent from punish -----sponses surance property a crime your duty pening again happening --offender Other

All crimes 100% 89/0 32% 8% 7% 20% 9% 7% 10%

Crimes of violence* 100% - 6% 7% 8% 31% 18% 14% 17% Robbery 100 - 21 9 7 22 15 11 10 Aggravated assault 100 - - 4 11 33 17 16 11 Simple assault 100 - - 7 8 35 19 12 18

Crimes of theft 100% 12Vo 43% 8% 7% 14% 4% 4% 9%

Household crimes 100% 7% 35% 9% 7% 19% 9% 7% 7% Burglary 100 6 26 12 7 23 12 8 7 Household larceny 100 9 37 7 7 19 8 6 8 Motor vehicle theft 100 9 63 6 4 7 4 5 -

Many violent crimes were unreported because they were "private matters," and many crimes of theft were "not important enough to report"

Percent of victimizations not reported to the police bv the most imoortant reason for not reoortina crime Nothing Police Personal Reported All Not could wouldn't disad- Personal1 to some- Type of crime serious be done do anything private one else Other Note: Figures may not responses - vantage - - add to total because of rounding. All crimes 100% 35% 27 010 11 Yo 3% gO/O -Too few cases to obtain statistically Crimes of violence* 100% 27% 9% 10% 6% 28Yo rel~abledata. Robbery 100 29 16 14 5 13 Aggravated assault 100 24 9 9 7 33 'Includes crime of Simple assault 100 29 5 8 5 30 rape, which is not displayed separately Crimes of theft 100% 3 4O/o 29% 8% 2% 40/0 because of the small number in the sample.

Household crimes 100% 37% 29% 13% 2% 89/0 Source: Reporting Burglary 100 29 31 13 3 8 crime to the police. Household larceny 100 4 1 30 12 2 7 BJS Spec~alReport, Motor vehicle theft 100 35 27 16 - 10 December 1985.

Report to the Nation on Crime and Justice 35 Compensation for crime victims is becoming more available

Victim compensation programs In 1985, $80.8 million was paid Restitution programs may pay are still relatively new to victims of crime by State victims for other losses, compensation programs such as property damage Programs to assist crime victims and 1985 witnesses have been established in -State payments Many States also permit victims to almost all States over the past 5 years. recover crime-related losses (including Alabama In general, the programs- Alaska property damages) where a court * provide financial assistance to victims California requires restitution by the offender as a and witnesses Colorado condition of sentencing. Unlike compen- protect the rights of victims and wit- Connecticut sation, however, such payments are only nesses Delaware available if the offender is convicted and complement existing efforts to aid spe- District of Columbia financially solvent. cial categories of victims, such as rape Florida victims and victims of family abuse. Hawaii Many States restrict offenders Illinois from profiting from their crimes Victimlwitness services may also be Indiana provided by noncriminal justice agen- l owa Several States require that profits earned cies (for example, State or local depart- Kansas by an offender in publicizing details of a Kentucky ments of health or human resources). Louisiana crime be put into an escrow account Many private organizations have also and, if the offender is convicted, used developed programs such as rape crisis Maryland to cover crime-related costs incurred by centers to assist victims and witnesses. Massachusetts the victim (including, in some cases, Michigan Minnesota legal fees). Most State victim compensation Missouri programs help to recover medical Funds not needed to cover victim costs and lost earnings Montana expenses may be returned to the Nebraska Nevada offender or transferred to a general vic- Forty-four States, the District of Colum- New Jersey tim compensation fund. The 1984 Fed- bia, and the Virgin Islands provide com- New Mexico eral Victims of Crime Act also requires that profits earned by Federal offenders pensation for medical bills and lost New York wages for victims. In general, awards North Dakota be forfeited and used to support Fed- may be made to persons injured as a Ohio eral grants to assist States with victim direct result of the crime. Oklahoma compensation and assistance programs. Oregon

If the victim dies, payments to cover Pennsylvania Legislation strengthens the rights burial and related expenses are gener- Rhode Island of victims and witnesses ally available to dependent survivors. In South Carolina Tennessee many cases, Qood samaritans1'- Texas Victims and witnesses may not be persons injured while trying to prevent a intimidated-State laws and the 1984 crime or apprehend an offender-are Virginia Federal Victim and Witness Protection also eligible for payment. Washington Act protect crime victims and witnesses West Virginia Wisconsin against physical and verbal intimidation Most States establish upper limits on Virgin Islands where such intimidation is designed to payments and do not provide compen- discourage reporting of crimes and par- sation for property losses. In general, Total $80,845,593 ticipation in criminal trials. Laws gener- payment can be made whether or not Note: Ar~zona,Idaho. North Carolha, and Utah had pro ally protect all subpoened witnesses but the offender has been apprehended or grams but dld not expend money in 1985. Arkansas. may also protect persons whom the convicted, but most States require that Georgia. Maine, Mississippi. New Hampsh~re.South offender "believes" will be called to tes- Dakota. Vermont, and Wyoming d~dnot have programs. the crime be reported to proper tify or who may have knowledge of the authorities. Source: Off~cefor V~ctimsof Cr~me crime. Some laws also permit courts to forbid defendants from communicating State compensation programs are with or coming near victims and funded with State-administered funds. witnesses. The 1984 Federal Victims of Crime Act also provides for Federal grants to assist States that have established qualifying victim compensation programs.

36 Report to the Nation on Crime and Justice Victims must be notified of case 44 States, the District of Columbia, and the Virgin Islands progress-A large number of States have compensation programs to help victims of violent crime require that- * victims be notified at key decision To aualifv, victim must- points in the trial and sentencing of the show report to offender Victim compensation financial police file claim * victims be notified upon release or State board locations Financial award need within: within: escape of an offender Alabama Alabama Crime Victim victims and witnesses be advised of Compensation Commission No 3 days 12 mos. scheduling changes and of available Alaska Department of Public Safety Yes 5 24 funds to cover court appearances, vic- Arizona Ar~zonaCriminal Justice tim compensation, etc. Commission Yes 3 .. California State Board of Control Yes 12 Colorado Judicial district boards No 3 6 Victims may participate in sentencing, Connecticut Criminal lnjuries parole, or other custody decisions- Compensation Board No 5 24 Delaware Violent Crimes Board No 12 'Victim Impact Statements," which D.C. Office of Crime Victim describe the financial and emotional Compensation Yes 7 6 impact of the crime on the victim (and Florida Department of Labor and Employment may also include victim comments on Security, Workmen's Compensation Division Yes 3 12 proposed sentences) are now required Hawaii Department of Corrections No 18 in many Federal and State cases to be Idaho lndustrial Commission No 3 12 submitted to the court at time of sen- Illinois Court of Claims No 3 12 tencing, parole, or other custody deci- Indiana lndustrial Board No 2 24 Iowa Department of Public Safety No 1 6 sions. Victim impact statements are Kansas Executive Department Yes 3 12 generally included as part of the Kentucky Victim Compensation Board Yes 2 12 presentence investigation report. Louisiana Commission on Law Enforcement No 3 12 Maryland Criminal lnjuries Compensation Board Yes 2 6 A comprehensive Victims' Massachusetts District court system No 2 12 Bill of Rights is included Michigan Department of Management and in some State laws Budget Yes 2 12 Minnesota Crime Victims Reparation Board No 5 12 Missouri Division of Workmen's Compensation No 2 12 Comprehensive Victims' Bill of Rights Montana Crime Control Division No 3 12 laws- Nebraska Commission on Law Enforcement * protect victims against intimidation and Criminal Justice Yes 3 24 ensure that victims receive notice and Nevada Board of Examiners and Department of Administration Yes 5 12 are allowed to participate in various New Jersey Executive Branch No 90 24 stages in the case against the accused New Mexico Executive Branch No 30 12 offender. New York Executive Department Yes 7 12 North Carolinab Department of Crime Control and Public Safety 3 24 Such laws may also- North Dakota Workmen's Compensation Bureau No 3 12 * ensure the victims right to continued Ohio Court of Claims Commissioners No 3 12 employment Oklahoma Crime Victims Board No 3 12 provide medical or social support Oregon Department of JusticehVorkmen's Compensation Board No 3 6 services Pennsylvania Crime Victims Board No 3 12 require the appointment of an Rhode Island Superior court system No 10 24 'bmbudsman" to protect the rights of South Carolina Crime Victims Advisory Board No 2 6 the victim during the trial period. Tennessee Court of Claims Commission No 2 12 Texas lndustrial Accident Board No 3 6 Utah Department of Administrative Services * * 7 12 Virgin Islands Department of Social Welfare No 1 24 Virginia lndustrial Commission No 5 24 Washington Department of Labor and Industries No 3 12 West Virginia Court of Claims Commissioner No 3 24 Wisconsin Department of Justice No 5 12

alflocation of the board is not ~nd~catedin the State statute, the board itself IS noted. bNorth Carolina's program IS administratively establ~shedbut not funded. 'Must report but no time lhm~lspecified Source: BJS 1987 update of Victim/witness legislation: "No reference in statute An overv~ewBJS. July 1984 with assistance from +Plus unl~mitedmedical expenses. National Organization for Victim Assistance.

Report to the Nation on Crime and Justice 37 Basic sources U.S. Department of Justice Bureau of Justice Statistics: BJS Bulletin- Criminal victimization, 1984, NCJ-98904, October 1985 BJS Special Reports- Crirne prevention measures, NCJ-100438, March 1986 Family violence, NCJ-93449, April 1984 Reporting crimes to the police, NCJ-99432, December 1985 The economic cost of crime to victims, NCJ-93450, April 1984 The risk of violent crime, NCJ-97119, May 1985 Violent crime by strangers and nonstrangers, NCJ-103702, January 1987 BJS Technical Report- Lifetime likelihood of victimization, NCJ-104274, March 1987 BJS Reports- Criminal victimization in the United States, 1984, NCJ-100435, May 1986; 1985, NCJ-104273, May 1987 Victimhitness legislation: An overview, NCJ-94365, July 1984 BJS Surveys- National Crime Survey, 1973-85 Victimization Risk Supplement to the National Crime Survey, 1984 Federal Bureau of Investigation: Crirne in the United States 1985 National Institute of Justice: Reactions to crime project: Executive summaw May 1982

US. Department of Health and Human Services Public Health Service: Centers for Disease Control- "Fifteen leading causes of death, by age group. 1983," Homicide surveillance, November 1986 Other sources Intruder in your home, Ronald Cruit, ed. (New York: Stein and Day, 1983) Notes 'Straus, Gelles, and Steinmetz, Behind closed doors: Violence in the American family (New York: Anchor Press/Doubleday, 1980). 2News release, American Association for Pro- tecting Children, a division of the American Humane Society, Denver, November 6, 1985.

38 Report to the Nation on Crime and Justice - -

Chapter Ill The offender

Phyllis Jo Baunach Patrick A. Langan Steven Klein, The RAND Corporation

This chapter profiles arrestees and offenders with data that address such questions as- How do we know who commits crime? What do we know about the offender? How many offenders are there? Who is the 'typical" offender? How are offenders and victims similar? How are they different? What is the relationship between age and crime? What are the characteristics of repeat offenders? How much crime do they account for? Are women becoming more involved in crime? To what extent do blacks, Hispanics, and other ethnic groups engage in crime? What are the family, economic, and educational backgrounds of jail and prison inmates? Is there a link between drug and alcohol use and crime? How does drug and alcohol use by offenders differ from that of the general population?

Invaluable contributions to this chapter were made by Victoria Major, Sharon Profeter, and the User Services Staff of the FBI Uniform Crime Reports Section and by James Stephan, Sophie Bowen, and Sara E. Smith of BJS.

Report to the Nation on Crime and Justice 39 Who commits crime?

How do we know who Which criminals do we know the most about? commits crime? The major sources do not give uni- Much of what we know about Three major sources provide information formly complete information about offenders and their traits is limited to about the kinds of persons who commit every kind of offender. In particular the common criminals who commit the crime: they tell us much more about common offenses of greatest concern to the criminals than they do about white- public: predatory crimes such as rob- Official records compiled by police, collar criminals. bery and burglary. courts, jails, and prisons have the advantage that they offer information on Jail inmates Prison inmates the more serious crimes and criminals. Arrestees include include those are those sen- However, these records are limited to many later awaiting trial or tenced to more only the crimes and criminals that come released-most sentencing and than 1 year- arrests are for those serving short generally to the attention of law enforcement less serious sentences for less for serious officials. Offenses offenses serious crimes crimes Self-report surveys, in which people are asked whether they had committed Murder1 crimes, can provide more complete manslaughter Sexual assault information than official records about Robbery crimes and criminals whether or not Assault they were detected or apprehended. Other violent But there is the danger that people will crimes exaggerate, conceal, or forget offenses. Burglary Many self-report surveys are limited to Larceny-theft people who are in correctional custody. Forgerylfraudl embezzlement Victim surveys, such as the National Auto theft Crime Survey, obtain information from Other property crime victims including their observations of the age, race, and sex of their Drugs assailants. Victim surveys give informa- Public order tion not only about crimes reported to the police but also about unreported Driving while intoxicated crimes. A disadvantage is that in crimes of stealth (such as burglary and auto Number theft) victims seldom ever see who com- . . .Not available mitted the crime. Also, many victims of crimes fail to tell interviewers about Sources: FBI Crime in the United States 1985. Jail inmates. 1983. BJS Bulletin, November 1985. being victimized by relatives and other BJS Survey of Inmates of State Correct~onal nonstrangers. Facilities, 1979. unpublished data.

How many criminals What do the major sources tell us are not similar, claiming that persons do we know about? about who commits crime? with certain characteristics (for example, blacks or males) are overarrested and By the most conservative estimates, 36 The major sources tell us which traits overimprisoned compared with others to 40 million persons (16-18% of the are more (or less) common among (for example, whites or females). How- US. population) have arrest records for criminals than noncriminals. These traits ever, victim surveys, which provide infor- nontraffic offenses. In 1983 official hold clues for explaining why some mation about more victimizations than records covered more than 11.7 million people are more likely than others to those known to the police, find the traits arrests for all offenses, 224,000 jail commit crime. No single trait distin- of observed criminals to be generally inmates, more than 1.5 million proba- guishes all criminals. the same as those in the official tioners, 439,000 prison inmates, and records. For example, the racial makeup 250,000 parolees. Official records report traits of appre- of arrested persons and imprisoned per- hended criminals, which may or may sons is very similar to the racial makeup not be the same as those of all per- of all criminals who were seen by their sons. Some observers say these traits victims.1

40 Report to the Nation on Crime and Justice Who is the "typical" offender? What are the characteristics of arrestees and offenders in jails and prisons? Most crimes are committed by males, especially by those under age 20. 1983 About 42% of all persons arrested for Index crime arrestees Jail inmates UCR Index crimes in 1985 were under U.S. - State Federal population Uncon- Con- prison prison age 20 and almost four-fifths were 1980 Violent Properly victed victed inmates inmates males. The 1985 National Crime Survey ------shows that most violent offenders are 226,545,805 405.312 31,926 perceived to be white males, but black males are perceived to be violent Sex Male 4g0/o 9 6 O/o 95% offenders in numbers disproportionate Female 51 4 5 to their share of the population. This does not mean that persons commit Race White 86 51 65 crime because they are male or black. Black 12 47 33 Other 2 3 3 Offenders and victims share many traits. Ethnic origin Like victims of crime, the offenders Hispanic 6 8 23 described in arrest, jail, and prison data Non-Hispan~c 94 57 77 are predominantly male and dispropor- Unknown 0 35 0 tionately young and black. Age Under 15 23 0 0 15-19 9 7 0 20-29 18 56 34 30-39 14 25 40 40-49 10 8 17 50-59 10 3 7 60 + 16 1 2

'Less than .5%. Sources. Stal~sl~calabslract of the Uniled States 1981 Note: Percentages may not add lo lotal FBI Crime in the Uniled States 1983. because of rounding. Jail inmales. 1983. BJS Bulletin. November 1985. BJS Survey of Inmates of Local Jails 1983, unpubl~sheddata BJS Prisoners In State and Federal Institutions yearend 1983, unpublished data

Report to the Nation on Crime and Justice 41 What is the relationship between age and crime?

Young people make up the largest I Serious crime arrest rates are highest in young age groups I proportion of offenders entering Arrest rate per 100,000 the criminal justice system age-eligible population 4,000 In 1985- -Property crime arrest rates peak at age 16, Two-thirds of all arrests and three- fi drop in half by age 22 quarters of all UCR lndex arrests were of persons under age 30. Arrests of youths under age 21 made up half of all UCR lndex property crime arrests and almost a third of all violent crime arrests. Arrests of juveniles (persons under age 18) made up 17% of all arrests and 31% of all UCR lndex arrests. During 1976-85, the number of arrests of juveniles (persons under age 18) fell by 18%, reflecting the decline in the size of that age group and a 15% drop in their arrest rate. Age 10 20 30 40 50 60 65c Source: FBI Uniform Crime Reports, 3-year averages, 1983-85. Participation in crime declines with age

Arrest data show that the intensity of Arrest rate trends vary by age group criminal behavior slackens after the teens, and it continues to decline with Between 1961 and 1981- For persons age 35 and older, age. Arrests, however, are only a The most dramatic increases in arrest rates declined. general indicator of criminal activity. The arrest rates were for persons age Persons age 18 to 20 had the greater likelihood of arrests for young 18 to 20. highest arrest rates followed by people may result partly from their lack Smaller increases in arrest those age 21 to 24. of experience in offending and also rates occurred for persons age 21 Persons age 50 or older had the from their involvement in the types of to 24 and age 25 to 29. lowest arrest rates. crimes for which apprehension is more likely (for example, purse snatching vs. Arrests per 100,000 age-eligible population fraud). Moreover, because youths often /c commit crime in groups, the resolution of a single crime may lead to several arrests.

The decline in crime participation with age may also result from the incapacitation of many offenders. When repeat offenders are apprehended, they serve increasingly longer sentences, thus incapacitating them for long periods as they grow older. Moreover, a RAND Cor- poration study of habitual offenders shows that the success of habitual offenders in avoiding apprehension declined as their criminal careers progressed. Even though offense rates declined over time, the probabilities of arrest, conviction, and incarceration per offense all tended to increase. Recidi- vism data also show that the rates of returning to prison tend to be lower for older than for younger prisoners. Older Source: FBI Uniform Crime Reports, 1961-85, unpublished data. prisoners who do return do so after a I longer period of freedom than do younger prisoners.

42 Report to the Nation on Crime and Justice Different age groups are arrested Average age at arrest varies Historically, studies have shown and incarcerated for different by type of crime property crimes to be more typical types of crimes of youths than of older offenders Most serious Average age at Juveniles under age 18 have a higher charge arrest in 1985 In a historical assessment of offending likelihood of being arrested for robbery patterns, Cline reviewed several studies. Gambling 37 years and UCR Index property crimes than These studies indicated a change from Murder 30 any other age group. Sex offenses 30 property to violent crimes as adoles- Fraud 30 cents moved into adulthood. Persons between ages 18 and 34 are Em bezzlement 29 the most likely to be arrested for violent Aggravated assault 29 Adults commit more serious crimes crimes. Forcible rape 28 than juveniles Weapons 28 The proportion of each group arrested Forgery and In a study of delinquency over time in for public order crimes increases with counterfeiting 27 England, Langan and Farrington exam- Drug abuse violations age. 26 Stolen property 25 ined the relationship between age of Larcenyltheft 25 offenders and the value of the property Among jail and prison inmates, prop- Arson 24 they stole. The study found that crimes erty crimes, particularly burglary and Robbery 24 committed by adults were much more public order crimes, are more common Burglary 22 serious when measured in terms of among younger inmates. Motor vehicle theft 22 value of stolen property than those committed by juveniles. Findings Violent crimes were more prevalent Some Age spec8hc arresl rates and race.specdrc arrest rales showed that the average amount stolen lor selecled offenses 1965-85 FB ,nlform Cr me Reoonm, - among older inmates admitted to prison Program. December 1986. increased with age. in 1982 but showed little variation among jail inmates of different ages. The average age of arrestees for most crimes remained fairly Drug crimes were more prevalent constant from 1965 to 1985 among inmates age 25 to 44 in both prisons and jails. Some exceptions are that the average age of persons arrested for- Many older prison inmates had never * murder declined been to prison before forcible rape increased fraud declined Of all persons admitted to prison after * embezzlement declined age 40, nearly half were in prison for larcenyltheit increased the first time. motor vehicle theft increased.

Inmates whose most recent admission The greatest increase in average age to prison was at or after age 40 were was for persons arrested for arson. more likely to be serving time for a vio. lent crime than inmates who had the longest, most continuous criminal careers. The seriousness of their offenses alone probably explains why so many inmates were incarcerated for the first time at or after age 40.

Persons who were returning to prison at or after age 40 generally had prior criminal records rather than a current violent conviction. Given their records, these returnees did not have to commit a violent crime to bring them back to prison.

Report to the Nation on Crime and Justice 43 ------Repeat offenders are responsible for much of the Nation's crime

Who are career criminals? ble for 61 to 68% of all the crimes com- Juvenile delinquency often mitted by juveniles. In a national sample foreshadows adult criminal activity The term 'kareer criminal" has been of US. youths age 11-17, the 7% who used to describe offenders who- were the most active offenders commit- Most juvenile delinquents do not go on * have an extensive record of arrests ted about 125 crimes per year each, to become adult criminals, but many do and convictions whereas the 55% who were the least continue to commit crimes. commit crimes over a long period of active committed an average of fewer time than 8 per year. In Marion County, Oregon, 30% of commit crimes at a very high rate the juvenile boys convicted of serious commit relatively serious crimes The same disproportionate pattern crime were later convicted of serious use crimes as their principal source of occurs with adults. The Chaikens' study crimes as adults. income of nearly 2,200 offenders coming into specialize (or are especially expert) in California, Michigan, and Texas jails and In Chicago, 34% of the boys appear- a certain type of crime prisons found that 50% of the robbers ing in juvenile court later went to jail or have some combination of these committed an average of fewer than 5 prison as adults. characteristics. robberies per year, but a robber in the most active 10% committed more than The criminal records of 210 serious Such criminals are often described as 85 per year. And, while 50% of the bur- California juvenile offenders were exam- chronic, habitual, repeat, serious, high- glars averaged fewer than 6 burglaries ined to find out how many crimes they rate, or professional offenders. per year, the most active 10% averaged committed from age 18 to 26. Of this more than 232 per year. group, 173 (86%) were arrested for Some criminals exhibit all of the above 1,507 crimes, including: characteristics, but most do not. Some A Washington, D.C., study reported that 5 homicides high-rate offenders are arrested fre- 24% of all the adult arrests were 12 rapes quently and others rarely. In fact, some attributable to just 7% of the adults 20 other sex offenses low-rate offenders are arrested more arrested. Similarly, a 22-State study by 40 weapon offenses often than some high-rate ones. The fre- BJS of young parolees revealed that 88 robberies quency with which an offender commits about 10% of this group accounted for 131 assaults crimes varies over time. Thus, an 40% of their later arrest offenses. 166 drug offenses offender could be high-rate one month 21 1 burglaries. and low-rate the next. Similarly, the High-rate offenders seldom specialize offender who commits a serious crime in one type of crime The more serious the juvenile career, may or may not be committing serious the greater the chances of adult or other crimes at a high rate. And Instead, they tend to commit a variety of criminality some high-rate andlor serious offenders misdemeanors and felonies as well as have no or almost no official prior rec- both violent and property crimes. They In New York City, 48% of the juveniles ord of involvement in crime. also often engage in related crimes, who had only 1 year of juvenile activity such as property and drug offenses. had one or more adult arrests and 15% A few criminals commit many crimes were serious adult offenders. In con- Few repeat offenders trast, 78% of those with lengthy juvenile Most offenders commit crimes at low are full-time criminals careers were arrested as adults and rates, but a few do so at very high 37% were serious adult offenders. rates. Most chronic offenders have irregular sources of income. And they usually Studies in Philadelphia, Pennsylvania; commit crimes during the periods they Racine, Wisconsin; and Columbus, are not employed. However, some prefer Ohio, show that 23 to 34% of the a 'kriminal career" to conventional juveniles involved in crime are responsi- employment.

44 Report to the Nation on Crime and Justice Long-term studies show that the that when Federal inmates were placed The older the offender at the time more often a person is arrested, into risk groups based on these factors, of arrest, the longer he is likely the greater the chances of being 94% of the persons predicted to be of to continue his criminal career arrested again least risk to society had a favorable 2-year parole outcome vs. 41% of those One study shows that an 18-year old For example, a study of Philadelphia predicted to be among the worst risks. who commits an Index crime usually males born in 1945 found that- stops committing crimes within 5 years 35% were arrested at least once The same variables also predict recidi- of the arrest date but a 35-year old who 54% of those with one arrest had a vism among State prisoners. For exam- has been committing crimes since age second arrest ple, Klein and Caggiano found that 21% 18 usually goes on committing crimes 65% of those with two arrests had a of a group of inmates in California who for another 10 years. However, 18-year third arrest were forecast to have a relatively low olds who commit murder or aggravated 72% of those with three arrests had a likelihood of committing future crimes assault tend to have criminal careers of fourth arrest. were back in jail or prison within 2 about 10 years duration. years of their release date vs. a 52% A study of 539 former Illinois prison reincarceration rate in the predicted Despite repeated convictions and inmates showed that 53% of those with high-risk group. incarcerations, many offenders one incarceration were arrested within continue to believe they can get 29 months of their release date com- After their release from custody, away with committing crimes pared to a 76% recidivism rate among offenders continue to commit crimes those with 3 or more incarcerations. and often serious crimes The Chaikens asked inmates in three States, "Do you think you could do the The more often an offender is Studies show that 10% to 20% of same crime again without getting arrested before going to prison, defendants on pretrial release are caught?" The answer "yes" was given the more likely and the sooner arrested while awaiting trial. A study of by- that person will be arrested California offenders by Petersilia et al. * 50% of the California inmates after his or her release found that more than 45% of the per- 34% of the Michigan inmates sons convicted of crimes such as rob- 23% of the Texas inmates. A BJS study of young parolees found bery, burglary, assault, and theft were that 69% were rearrested within 6 years already on adult or juvenile probation or Motivations for crime range from of their release from prison. However, parole at the time of their conviction. thrill-seeking to need for money the rearrest rate was 93% among those with 6 or more prior arrests compared This study also found that 63% of those Juveniles who went on to have adult to 59% for those with one prior arrest. given felony probation were rearrested criminal careers have stated that their The median time between release from within 2 years of their release date. The main motives for crime were thrill- prison and the first subsequent arrest recidivism rate was 72% among similar seeking, status, attention-getting, or was 7 months for those with 6 or more defendants who went to prison. In both peer influence, according to a RAND prior arrests versus 17 months for those groups more than 25% of the new filed Corporation study of habitual felons. As with one prior arrest. Similarly, the more charges were for violent crimes (homi- criminals approach adulthood, the rea- often an offender was arrested before cide, rape, assault, and robbery). sons cited shift to financial needs, espe- going to prison, the more likely and the cially to money for drugs and alcohol. sooner he or she was reconvicted and Nationally, about half the inmates reincarcerated after being paroled. released from State prison will return to prison. And most of those who return Criminal history, age, and drug use will do so within 3 years of their release are among the best correlates date. In 1979, 61% of the 153,465 males of future criminality admitted to State prison had at least one prior incarceration. The combination of prior adult and juvenile record, age, and drug use provides a better than chance prediction of subsequent criminal activity. Hoffman found

Report to the Nation on Crime and Justice 45 How do the offense characteristics of men and women differ?

Relatively few offenders are female / Offense patterns differ for males and females Females in group Percent of all arrests All arrests (adults and juveniles) 17O/o UCR lndex Crimes Males Females Men are more likely than women to Index crime arrests 2 1 be arrested for the more serious Violent crime arrests 11 Murder and nonnegligent/ crimes, such as murder, rape, rob- Property crime arrests 24 bery, or burglary. Larceny 3 1 manslaughter 88% 12% Nonlarceny 8 Rape 99 1 Robbery 92 8 Arrest, jail, and prison data all sug- Under correctional Aggravated assault 87 14 gest that a higher proportion of supervision women than of men who commit Burglary 93 7 Juveniles crimes are involved in property Larceny-theft 69 31 Jail inmates crimes, such as larceny, forgery, Prison inmates Motor vehicle theft 91 9 Arson 87 13 fraud, and embezzlement, and in Sources: FBI Crime In the United States 1985. BJS Children drug offenses. in custody: 198383 Census of Juvenile Detenfionand Cor- Source: FBI Crime in the United States 1985. rectional Faciiities. September 7986. Jaiimnates, 1984. BJS Bulletin. May 1986. Prisoners in 1984. BJS Bulletin. April 1985.

While all prison populations have For UCR lndex Crimes, the rate of arrest of females is much been growing dramatically, the lower than that of males, but it has risen faster women's share has risen from Males 4% to 5% in the past decade Arrest rate per 100,000 % change resident population (1971-85) Over the past 10 years, the number of 2,000 women in prison rose by 107% (from All UCR lndex Crimes 11,170 in 1976 to 23,091 in 1985), while the number of men rose by 80% (from 266,830 in 1976 to 480,510 in 1985).

Prison population

Females Arrest rate per 100,M)O resident population

500 All UCR lndex Crimes

Sources: BJS Prisoners in State and Federal institutions on December 31, 1982. Prisoners 1971 1975 1980 1985 in 1984, BJS Bulletin. April 1985. Prisoners at midyear 1984, BJS press release, August 27, 1984. BJS National Prisoner Statistics, un- Source: f -81 Uniform Crime Reports. 1971-85, unpublished data. published data on prisoners in 1983 and 1985.

46 Report to the Nation on Crime and Justice - - A relatively large proportion of offenders come from minority groups

The number of black criminals The proportion of black State prisoners in the South is more consistent is disproportionately high with their share of the population than in other regions

Blacks, who made up 12% of the US. Blacks as a percent Blacks as a percent Ratio of prison proportion population in 1980, accounted for- of prison population of US. population to US. proportion * 27% of all arrests in 1985 34% of all UCR lndex Crime arrests United States 46% 12% 4 to 1 47% of all arrests for violent crimes Northeast 51 40% of local jail inmates in 1984 Midwest 45 46% of State prison inmates in 1984. South 54 West 26 According to many researchers, the dis- proportionality of blacks in the prison Sources: Statistical abstract of the United States 1984. population is mostly attributable to age, BJS National Prisoner Statistics. 1984, unpublished data. seriousness of crime, prior criminal record, and other legally relevant factors. This finding neither rules out nor con- Blacks were more likely than whites The proportion of Hispanics in firms the possibility of some discrimina- to be violent offenders prisons and jails is greater than tion in the criminal justice system. in the total U.S. population Among UCR lndex Crimes, the arrest Victim reports confirm the pattern rate of blacks was higher for violent than Fifteen million Hispanics make up 6% of of arrests by race for property crimes: the US. population. This number is divided about equally between males Whites Blacks The pattern of racial involvement in -- and females. arrests shown in police records closely All arrests 72% 27% parallels that reported by victims .of Hispanics (both white and black)- crime in the National Crime Survey. All lndex Crimes 65% 34% * accounted for 15% of all arrests for violent crimes and 11% of all arrests for Violent crimes 52% 47% property crimes in 1985 Percent of offenders Murder 50 48 who were black: Rape 52 47 made up 13% (27,423) of the male jail population and 11% (1,929) of the Robbery Burglary Robbery 37 62 -- Aggravated assault 58 40 female jail population in 1984 made up 10% (46,125) of the male NCS victim Property crimes 68% 30% observation 63% 34% prison population and 9% (1,781) of the Burglary 70 29 female prison population UCR arrests 59 35 Larceny-theft 67 3 1 Motor vehicle theft 66 32 were more likely than non-Hispanics Note: Data exclude offenders under age 18 and of races Arson 76 23 to be in jail or prison for drug offenses other than black and white. NCS victims observed the in 1983 and 1984. offender In 92% of the robberies and 5% of the burglaries. Note: Percentagesdo not add to 100% because arrests of persons of other races are not shown. The lifetime chance of incarceration In 1983 blacks accounted for 45% of all is six times higher for blacks than for whites prison admissions and about 47% of all admissions for violent crimes. Of all blacks admitted to prison in 1983, 38% The likelihood that any adult male will were admitted for violent crimes as com- have served time in a juvenile or adult pared to 31% of all whites. Eighteen per- jail or prison by age 64 is estimated to cent of all blacks were admitted for rob- be 18% for blacks and 3% for whites. bery as compared to 11% of all whites. However, after the first confinement, the likelihood of further commitments is similar for white and black males. About a third of each group who have ever been confined will have been confined four times by age 64.

Report to the Nation on Crime and Justice 47 What are the social and economic characteristics of offenders?

The relationship of an offender's Many offenders have been victims Most inmates have dependent children social and economic background of childhood abuse to crime has been hotly debated Women offenders are more likely than A study of inmates at the California men to have dependent children. In There is no agreement over the relation- Institution for Men at San Quentin found 1979, 74% of women prison inmates ship between crime and various social that many inmates had been abused and 54% of the men had dependent and economic factors. Some research- extensively as children. Although data children. In jails in 1983, 71% of the ers believe that crime results from are limited, some studies suggest that women and 54% of the men had deprived backgrounds, while others see adolescents subjected to extreme abuse dependent children. Of those inmates criminal behavior as another symptom and violence at home may develop psy- who had children, about 67% of those of maladjustment. Whatever the relation- chotic symptoms, neurological abnor- in jail and 71% of those in prison had 1 ship might be, we can measure certain malities, and violent behavior. or 2 children. characteristics of offenders and compare them to the population as a whole Prison and jail inmates were likely The level of education reached to give a profile of the offending popula- to have relatives who served time by jail and prison inmates was far tion. This profile does not indicate which below the national average came first, the social and economic About 40% of the prison inmates in characteristic or the criminal behavior. It 1979 and 34% of the jail inmates in About 40% of all jail and 28% of all also does not explain why some people 1983 had an immediate family member prison inmates had completed high with similar characteristics do commit (father, mother, brother, sister, spouse, or school as compared to 85% of males crimes and others do not. child) who had been incarcerated in the age 20-29 in the U.S. population. past. Baunach found that 53% of the About 45% of all prison and 41% of A high proportion of offenders grew 180 inmates who were mothers had all jail inmates as compared with 11% of up in homes with one parent other family members with criminal the U.S. population of males age 20-29 records. These family members were began but did not complete high About 48% of jail and prison inmates primarily siblings (59%) and husbands, school. grew up primarily with one parent or ex-husbands, or lovers (28%). As compared with the U.S. population other relatives. In 1980, 20% of the chil- of males age 20-29, there were few col- dren under age 18 in the United States Most offenders were not married lege graduates in jail or prison. were living with one parent. Moreover, about 15% of the jail inmates and 16% Among jail and prison inmates- Educational level was associated of the prison inmates grew up with nei- * About half had never been married with type of offense ther parent, whereas 4% of all children and another 24% were divorced or under age 18 in the United States in separated (vs. 54% unmarried and 4% Percent of 1980 were living with neither parent. divorced or separated among US. inmates who Some studies suggest that-the relation- males age 20-29). completed high school ship between family background and 22% of the prison and 21% of the jail Offense Jail Prison delinquency is particularly strong for population were married (vs. 47% of the - females.2 comparable US. population). Drug offenses 34% 2 9 010 Violent offenses 27 2 1 The proportion of divorced and sepa- Property offenses 27 19 rated whites was much higher in jails Public order and prisons than in the US. population; offenses 31 18 the marital status of black inmates was closer to that of blacks in the U.S. popu- Sources: BJS Survey of Inmates of State Correctional Facili- ties, 1979. unpublished data. BJS Survey of Inmates of Local lation. Jails, 1983. unpublished data.

48 Report to the Nation on Crime and Justice Many offenders were unemployed The proportion of blue-collar in the general population ($7,370). The workers was higher in prison median income for both male and The highest incarceration rate among than in the general population female jail inmates in 1983 did not US. males age 16-64 was among those exceed the poverty level as defined by who were unemployed prior to arrest: Prison U.S. popu- the US. Government. population age Number of Occupation lation 16-64 Many inmates had income inmates from nontraditional sources White-collar 15% 5 1010 per 100,000 before entering jail US. ~ooulation Blue-collar 68 33 Farm 2 3 Jail Prison - - Service 14 13 Among jail inmates- * 22% depended on welfare, Social In labor force 330 396 Sources: BJS Survey of Inmates of State Correct~onalFacili- Security, or unemployment benefits Employed 220 356 ties. 1979. unpublished data. The current population survey Unemployed 1,792 933 1972-81: A data book, volume I. Bureau of Labor Statistics 7% said that their main source of Bulletin, September 1982. income was illegal Not in labor 60% said that their main source of force 323 442 Few inmates had been working income had been a wage or a salary. Total 329 405 in their customary occupation A larger proportion of female than male About 45% of all males in jail in 1983 Before their arrest, 30% of all jail inmates- were unemployed at the time they inmates in 1983 who were working were * depended on welfare, unemployment entered jail. Among the 55% who were employed outside what they considered benefits, or Social Security (38% vs. working, 22% were working only part- to be their customary occupation. 22%) time. In the U.S. male population age Earlier surveys of prison inmates had depended on family or friends for 16-64, 84% are employed and of these similar findings. In addition to an inabil- their subsistence (31% vs. 230) 3% work part-time. ity to find work in their chosen field, this admitted that their main income was suggests some degree of underemploy- from illegal activities (11% vs. 700). A high proportion of adult felons ment. lacked steady employment The average inmate Adult felons were more likely than the was at the poverty level general population never to have before entering jail worked at all or to have held a wide variety of short-term jobs.3 Of the In 1983 about half the males in jail who prisoners in a RAND Corporation study, had been out of jail or prison for at 20% had never worked and another least a year had annual incomes under 20% held a variety of short-term jobs. $5,600, a median income of about half On average, felons in these groups that of men in the general population committed more crimes, particularly ($11,848) in 1981. Female jail inmates more property crimes, than the 60% reported a median income of about who had had a more stable employ- $4,000 during the year before arrest, ment history. slightly more than half of that for women

Report to the Nation on Crime and Justice 49 Drug and alcohol use is common among offenders

The drug use-crime link is complex Prison inmates used alcohol What is the relationship between more than their counterparts increased drug use and crime? There is evidence of a relationship in the general population between drug use, including alcohol Studies in Baltimore, California, and use, and crime. How strong it is and -Almost half the inmates-but only a Harlem show increased criminal involve- how it operates is not clear. Obviously, tenth of all persons age 18 and older in ment with more drug usage. Ball, some drug use is illegal in and of itself. the general population-drank an aver- Shaffer, and Nurco found that over a But its impact on other crimes is uncer- age of an ounce or more daily. 9-year period, the crime rate of 354 tain. As with other characteristics, drug Males, both in prison and in the black and white heroin addicts dropped use may be another symptom of mal- general population, were much more with less narcotics use and rose 4 to 6 adjustment. The general pattern of likely than females to drink an ounce or times with active narcotics use. Similarly, usage by offenders as compared to more. Anglin and Speckart compared criminal nonoffenders provides a profile of drug Men in prison were roughly three involvement of 753 white and Hispanic and alcohol use. times as likely as men in general to addicts before and after addiction. consume an ounce or more daily. Results showed that 21-30% more per- Some ways in which drug and alcohol Women in prison were over five times sons were involved in crimes the year use could contribute to crime include- more likely than women in general to after addiction began, arrests increased stimulating aggressiveness or weaken- consume that much. substantially, and the number of days ing inhibitions of offenders -A sixth of the inmates and a third of addicts were involved in crimes motivating offenders to commit crimes the general population abstained from increased 3 to 5 times their number to get money to buy drugs. all alcohol. prior to the first addiction. More than a third of all inmates drank Different drugs supposedly have differ- alcoholic beverages daily during the In a study of behaviors and economic ent links to crime. For example, some year before the crime. Two-thirds of impacts of 201 street heroin users in hypothesize that alcohol's reduction of these inmates drank very heavily; that Harlem between 1980 and 1982, John- inhibitions leads to crime, particularly is, at any one drinking session they typi- son et al. revealed that daily heroin aggressive acts. On the other hand, cally drank the equivalent of eight cans users reported the highest crime rates, heroin's addictive nature motivates some of beer, seven 4-ounce glasses of wine, 209 nondrug crimes per year compared addicts to commit crimes to get money or nearly nine ounces of 80-proof liquor. with 162 among regular users, and 116 to buy drugs. Looking at when the among irregular users. Daily heroin drugs or alcohol were consumed in Which comes first- users committed about twice the num- relationship to the time of the offense drug use or crime? ber of robberies and burglaries as regu- helps to clarify if and how drugs and lar users and about 5 times as many as alcohol are involved in crime. There is some indication that involve- irregular users. ment in crime may precede drug use. Drug use is far greater Greene found that most arrested among offenders than addicts began their criminal behavior among nonoffenders before they began using drugs regu- larly. Similarly, the 1979 Prison Inmate Percent who had Survey showed that for more than half ever used drug: the inmates, involvement in crime Jail Prison General preceded their drug use. Other inmates inmates population --- research shows that most heroin- Any drug 75% 78% 37% addicted criminals were involved in crime before they became addicted and Marijuana 72 75 33 Cocaine 38 37 25 that traditional income sources, rather Amphetamines 32 37 9 than street crimes, are the major source Barbiturates 27 35 6 of support for the drug habit. Heroin 22 30 2

Sources: Prisoners and drugs, BJS Bulletin. March 1983. BJS Survey of Inmates of Local Jails, 1983, unpublished data. Jail inmates, 1983, BJS Bulletin. November 1985. Highlights from the National Survey on Drug Abuse: 7982, CORRECTION NOTICE National Institute on Drug Abuse. BJS Survey of Inmates of State Correctional Facilities, 1979. unpublished data. High- Page 50, bottom left corner lights of the 1985 National Household Survey on Drug - Abuse, National Institute on Drug Abuse. * The percent of the general population who had ever used cocaine should read 12% and who had ever usea 1- nerom should read 1%.

50 Report to the Nation on Crime and Justice Drug users are more involved in money-producing crimes 2 out of 5 prison inmates reported they were under the influence of drugs or were very drunk around the time of the offense The RAND career criminal study found Heroin that, among felons, drug users committed more burglaries, con-type crimes, and drug sales than burglars, con-men, and drug dealers who did not use drugs. For other crimes there were no appreciable differences between drug Offense users and nondrug users in either the Homicide number of prisoners involved or in the Sexual assault number of crimes they committed. Ball's study of Baltimore addicts showed that drug users committed an enormous number of crimes, mainly theft and drug dealing, and that, on average, the typi- Larceny cal addict committed a crime every Auto theft other day. Drug offenses'

How does drug and alcohol use I , I I I vary by crime? 0 10 20 30 40 50 60 70 80 90 100 Percent of inmates surveyed. Among prison inmates in 1979 about 'Includes trafficking and possession. Source: BJS Survey of State Prison Inmates, 1979. 35% of the property offenders, primarily burglars, and 38% of the robbers had been under the influence of drugs, the highest proportion who reported How do inmates vary mainly marijuana, at the time of the being under the influence of drugs at in their drug use? crime. By contrast, smaller proportions the time of the current crime. of murderers (21%) and rapists (22%) Many inmates were under the had been under the influence of drugs Nearly half the incarcerated offenders influence of marijuana but usually in at the time of the crime for which they had been drinking just prior to the cur- combination with other more serious were incarcerated. rent crime. drugs such as heroin. About half the convicted offenders At the time of their offense, fewer jail Similarly, among jail inmates in 1983 incarcerated for a violent crime had inmates were under the influence of almost 1 in 3 convicted property used alcohol before the crime. Alcohol heroin (9% prison inmates, 5% jail offenders as compared with 1 in 4 vio- use was particularly pervasive among inmates). lent offenders said they had been under persons convicted of assault (about 5% of the prison inmates were under the influence of drugs at the time of the 60%). the influence of cocaine at the time of current offense. Among property Among property offenders, more than their offense. offenders the highest proportion using 4 in 10 convicted inmates had used Among prison inmates, women were drugs at the time of the crime were alcohol just before the current crime. more likely than men to have been those convicted of burglary (39%), auto Nearly 3 in 10 convicted drug under the influence of heroin (14% vs. theft (33%), or larceny (30%). Among offenders had used alcohol before the 8 010). violent offenders, robbers (31%) were current crime. White prison inmates were more likely than black inmates to have been drinking heavily (39% vs. 18%).

Report to the Nation on Crime and Justice 51 Basic sources Office of Juvenile Justice and Delinquency Blumstein, Alfred, David f? Farrington, and Prevention: Soumyo Moitra, "Delinquency careers: Inno- U.S. Department of Justice National lnstitute of Juvenile Justice and cents, desisters, and persisters," in Crime and Delinquency Prevention- justice: An annual review of research, volume Bureau of Justice Statistics: Weiss, J. and J. Sederstrom, The 6, Michael H. Tonry and Norval Morris, eds. BJS Bulletins- G., prevention of serious delinquency: What to (Chicago: University of Chicago Press, 1985) Jail inmates, 1983, NCJ-99175, November do?, 1981 Chaiken, Jan M., and Marcia R. Chaiken, 1985; 1984, NCJ-101094, May 1986 Varieties of criminal behavior (Santa Monica, Prisoners and alcohol, NCJ-86223, January U.S. Department of Commerce Calif.: The RAND Corporation, 1982) 1983 Prisoners and drugs, NCJ-87575, March 1983 Bureau of the Census: Cline, Hugh F., "Criminal behavior over the Prisoners in 1983, NCJ-92949, April 1984; Educational attainment in the United States: life span," in Constancy and change in 1984, NCJ-97118, April 1985; 1985, March 1979 and 1978, Current Population human development, 0. G. Brim, Jr. and J. NCJ-101384, June 1986 Reports, Series P-20, No. 356, and March Kagan, eds. (Cambridge, Mass.: Harvard Prisons and prisoners, NCJ-80697, 1981 and 1980, No. 390 University Press, 1980) January 1982 Statistical abstract of the United States 1981, Cohen, Jacqueline, "Incapacitation as a Probation and parole 1983, NCJ-94776, 1984, and 1987 strategy for crime control: Possibilities and September 1984 pitfalls:' in Crime and justice: An annual BJS Special Reports- US. Department of Health and Human review of research, volume 5, M. Tonry and Career att terns in crime, NCJ-88672, Services N. Morris, eds. (Chicago: University of ~une'1983 Public Health Service: Chicago Press, 1983) Examining recidivism, NCJ-96501, Dunford and Elliott, "Estimation of probability Februarv 1985 National Institutes of Health- National lnstitute on Drug Abuse of arrest per crime," National Youth Survey, in Prison adr;lissions and releases, 1982, A. Blumstein et al., Criminal careers and NCJ-97995, July 1985; 1983, NCJ-100582, Highlights from the National Survey on Drug "career criminals," volume 1 (Washington: March 1986 Abuse: 1982, DHHS Publication No. National Academy Press, 1986) The prevalence of imprisonment, NCJ-93657, 83-1277 July 1985 Highlights of the 1985 National Household Gettinger, S., 'Addicts and crime," Police Recidivism of young parolees, NCJ-104916, Survey on Drug Abuse, September 1986 Magazine (1979) 2(6):35 May 1987 National Survey on Drug Abuse: Main Glueck, S., and E. Glueck, Family environment and delinquency (Boston: Houghton BJS Reports- findings, 1979 Mifflin, 1962) Children in custody: 1982-83 Census of U.S. Department of Labor Juvenile Detention and Correctional Green, B. T., "Examination of the relationship Facilities, NCJ-101686, September 1986 Bureau of Labor Statistics: between crime and substance use in a Prisoners in State and Federal institutions on The current population survey 1972-81: A druglalcohol treatment population:' Interna- August 31, 1982, NCJ-93311, August 1984; data book, volume I, BLS Bulletin #2096, tional Journal of the Addictions, 16(4):627-45 1983, NCJ-99861, June 1986 September 1982 Haapanen, Rudy A,, and Carl F. Jesness, BJS Surveys- Early identification of the chronic offendec National Prisoner Statistics, 1983, 1984, and Other sources Department of the Youth Authority, State of 1985 Anglin, M. D., and G. Speckart, Narcotics California, February 1982 Prisoners in State and Federal Institutions, use and crime: A confirmatory analysis (Los Hamparian, Donna, Richard Schuster, Simon 1983 Angeles: UCLA, 1984), unpublished report Dinitz, and John P. Conrad, The violent few Survey of lnmates of Local Jails, 1983 (Lexington, Mass.: Lexington Books, 1978) Survey of lnmates of State Correctional Ball, John C., J. W. Shaffer, and D. N. Nurco, Hoffman, "Screening for risk: A revised Facilities, 1979 "Day to day criminality of heroin addicts in P., Baltimore-A study in the continuity of Salient Factor Score (SFS 81):' Journal of Federal Bureau of Investigation: offense rates," Drug and Alcohol Depen- Criminal Justice (1983) 11:539-547 Age-specific arrest rates and race-specific dence (1983) 12:119-42 Inciardi, James A., Careers in crime arrest rates for selected offenses 1965-85, Ball, J. C., et al., 'The criminality of heroin (Chicago: Rand McNally College Publishing FBI Uniform Crime Reporting Program, addicts when addicted and when off opiates," Company, 1975) December 1986 in The drugs-crime connection, J. A. Inciardi, Crime in the United States 1983, 1984, and lnstitute for Law and Social Research, Curb- ed. (Beverly Hills, Calif.: Sage Publications, ing the repeat offender: A strategy for prose- 1985 1981) Uniform Crime Reports, 1961-85 cutors (Washington: lnstitute for Law and Baunach, Phyllis Jo, Mothers in prison (New Social Research, 1977) Law Enforcement Assistance Administration: Brunswick, N. J.: Transaction, Inc., 1985), pp. lnstitute for Law and Social Research, High- Criminal careers of habitual felons, July 1978 15-26 lights of interim findings and implications, Blumstein, A,, and J. Cohen, "Estimation of PROMIS Research Project (Washington: Insti- National lnstitute of Justice: individual crime rates from arrest records," tute for Law and Social Research, 1977) Gropper, B. A., "Probing the links between Journal of Criminal Law and Criminology Johnson, B., Goldstein, E. Preble, J. drugs and crime," NCJ-96668, February f? (1979) 70(4):581 Schmeidler, D. Lipton, B. Spunt, and T. Miller, 1985 Blumstein, A,, J. Cohen, J. Roth, and C. Shannon, L. W., Assessing the relationship Taking care of business: The economics of Visher, eds., Criminal careers and "career crime by heroin abusers (Lexington, Mass.: of adult criminal careers to juvenile careers, criminals," volume 1 (Washington: National Lexington Books, 1985) I978 Academy Press, 1986)

52 Report to the Nation on Crime and Justice Klein, S., and M. Caggiano, The prevalence, Wolfgang, Marvin E., and Paul E. Tracy, 'The M. Hennessy, i? J. Richards, and R. A. Berk, predictability, and policy implications of recidi- 1945 and 1958 birth cohorts: A comparison "Broken homes and middle-class delin- vism (Santa Monica, Calif.: The RAND Cor- of the prevalence, incidence, and severity of quency: A reassessment:' Criminology poration, August 1986) delinquent behavior," paper prepared at the (February 1978) 15(4):505-28 Langan, Patrick A,, "Racism on trial: New conference on "Public Danger, Dangerous i? Richards. A. Berk, and B. Forster, Crime as evidence to explain the racial composition of Offenders and the Criminal Justice System," play: Delinquency in a middle class suburb prisons in the United States:' Journal of sponsored by Harvard University and the (Cambridge, Mass.: Ballinger Publishing Criminal Law and Criminology (Fall 1985) John F. Kennedy School of Government Company, 1979) 76:3 through a grant from the National lnstitute of Justice, February 11-12, 1982 3For further reading, see- Langan, Patrick A,, and David i? Farrington, S. K. Long and A. D. White, "Current eco- 'Two-track or one-track justice? Some evi- Notes nomic trends: Implications for crime and dence from an English longitudinal survey," criminal justice," Crime and criminal justice in 'See, for example, Michael J. Hindelang, Journal of Criminal Law and Criminology a declining economy, Kevin N. Wright, ed. "Race and involvement in common law per- (1983) 74(2):519-46 (Boston: Oelgeschlager, Gun and Hain, 1981) sonal crimes," American Sociological Review Lewis, D. O., et al., "Violent juvenile delin- (1978) 43:93-109; 'Variations in sex-age-race L. N. Friedman, "Correlates of crime: Should quents; psychiatric, neurological, and abuse specific incidence rates of offending," Ameri- the relation of unemployment and crime be factors," Journal of the American Academy of can Sociological Review (1981) 46:461-74; reconsidered?" in Anatomy of criminal justice: Child Psychiatry (1979) 18:307-19 Alfred Blumstein, "On the racial dispropor- A system overview 1980, Cleon H. Foust and Ounce of prevention: Toward an understand- tionality of United States' prison populations," D. Robert Webster, eds. (Lexington, Mass.: ing of the causes of violence: Preliminary Journal of Criminal Law and Criminology Heath Lexington Books, 1980) report to the people of California, California (1982) 733:1259-1281; Patrick A. Langan, R. A. Tropp, "Suggested policy initiatives for Commission on Crime Control and Violence "Racism on trial: New evidence to explain the employment and crime problems," in Crime Prevention, 1982 racial composition of prisons in the United and employment issues-A collection of Petersilia, J., S. Turner, and J. Peterson, States," Journal of Criminal Law and Criminol- policy relevant monographs, National lnstitute Prison versus probation in California (Santa ogy (Fall 1985) 76:3. of Justice, US. Department of Justice, 1978 Monica. Calif.: The RAND Corporation, 1983) 2For further reading, see- T. P. Thornberry and R. L. Christenson, Petersilia, Joan, Racial disparities in the crimi- H. Rankin, "Family context of delinquency," "Unemployment and criminal involvement, an naljustice system (Santa Monica, Calif.: The Social Problems (April 1983) 20(4):466-79 investigation of reciprocal causal structures," American Sociological Review (June 1984) RAND Corporation, 1983) R. Giallombardo, "Female delinquency," in 49(3):398-411 Peterson, M., and A. Braeker, Doing crime: A Critical issues in juvenile delinquency, David Shichor and Delos H. Kelly, eds. (Lexington, S. Cavanaugh, "Crime and employment survey of California prison inmates (Santa background summary and selected state- Monica, Calif.: The RAND Corporation. 1980) Mass.: Heath Lexington Books, 1980) ments" (Washington: Congressional Research Peterson, M. A,, et al., Who commits crimes: S. K. Datesman and F. R. Scarpitti, "Female Service, 1983) A survey of prison inmates (Cambridge, delinquency in broken homes-A reassessment," Criminology (May 1975) 13(1):33-35 M. Sviridoff and J. W. Thompson, "Linkages Mass.: Oelgeschlager, Gun and Hain, 1981) between employment and crime: A qualita- J. M. Andrew, "Delinquency, sex, and family Pryor, Donald E., and Walter F. Smith, "Sig- tive study of Rikers releases," in Unemploy- variables:' Social Biology (summer 1976) nificant research findings concerning pretrial ment and crime, National lnstitute of Justice, 23(2):168-71 release," Pretrial issues (Washington: Pretrial U.S. Department of Justice, NCJ-81540, 1982 L. Rosen and K. Neilson, "Broken home and Services Resource Center, February 1982) Richard B. Freeman, "Crime and unemploy- delinquency," in Crime in society, Leonard D. ment," in Crime and public policy, James Q. Rolph, John E., and Jan Chaiken, Identifying Savitz and Norman Johnston, eds. (New Wilson, ed. (San Francisco: lnstitute for Con- high-rate serious criminals from official York: John Wiley and Sons, 1978) records (Santa Monica, Calif.: The RAND temporary Studies, 1983) Corporation, April 1987) L. W. Shannon, Assessing the relationship of adult criminal careers to juvenile careers, Schmalleger, F., 'World of the career crimi- National lnstitute of Justice, 1978 nal:' Human Nature (1979) 2(3):50 K. Wilkinson, "Broken family and juvenile "The impact of prior criminal history on delinquency: Scientific explanation or ideol- recidivism in Illinois," Research Bulletin #3, ogy," in Juvenile delinquency: A book of Illinois Criminal Justice Information Authority readings, 3rd edition, R. Giallombardo, ed. (1986) (New York: John Wiley and Sons, 1976) Watters, J. K., C. Reinarman, and J. Fagan, K. Wilkinson, "Broken home and delinquent "Causality, context, and contingency: Rela- behavior: An alternative interpretation of con- tionships between drug abuse and delin- tradictory findings," in Understanding crime, quency," Contemporary Drug Problems Travis Hirschi and Michael Gottfredson, eds. (1985) 12(3):351-73 (Beverly Hills, Calif.: Sage Publications, 1980) Winterfield, Laura A,, Criminal careers of J. W. C. Johnstone, "Delinquency and the juveniles in New York City (New York: VERA changing American family," in Critical issues lnstitute of Justice, 1986) in juvenile delinquency, David Shichor and Wolfgang, M., R. Figlio, and T. Sellin, Delin- Delos Kelly, eds. (Lexington, Mass.: Heath quency in a birth cohort (Chicago: University Lexington Books, 1980) of Chicago Press, 1972) For a discussion of the relationship between delinquency and one-parent families among juveniles from middle-class families, see-

Report to the Nation on Crime and Justice 53

Chapter lV The response to crime

Marianne W. Zawitz Are juveniles handled differently than Carla K. Gaskins adults? Can juveniles be tried in a crimi- Herbert Koppel nal court? Lawrence A. Greenfeld Peter Greenwood, The RAND How are the Federal and State courts Corporation organized? This chapter gives an overview of crimi- What are the main differences between nal justice at all levels of government- adult and juvenile courts? Federal, State, and local. It not only ex- amines the criminal justice process and How many cases brought by the prose- institutions but also the philosophical cutor result in guilty pleas? How many base and legal mandates of our system result in guilty verdicts? How often are of justice. It contains data and research cases tried before a jurp findings that quantify crucial actions at How long does it take for a criminal five key stages of the criminal justice case to move through the criminal jus- process: tice system? Entry into the system To what extent do requirements for jury Prosecution and pretrial services duty vary among the States? Adjudication Sentencing and sanctions How many States recognize a defense Corrections of insanitp What is the difference between competency to stand trial and the insanity defense? The data presented answer such questions as- Is the criminal caseload of appeals courts increasing? In what circum- How does the criminal justice system stances are State cases reviewed by Assistance on this chapter was provided process cases? What is discretion and Federal courts? by Paul White, Susan Kline, and Sara E. how is it exercised in the handling of Smith of BJS; John Wilson of the Office What are the various sentencing alterna- criminal cases? of Justice Programs; Bernard Auchter of t ives? How much crime does the criminal jus- the National Institute of Justice, and tice system deal with? In what ways have most States recently Barbara Allen-Hagen of the Office of changed their approach to sentencing? Juvenile Justice and Delinquency How does police strength in your Prevention. Assistance with the material county compare to that of other coun- What drunk driving sanctions are avail- on forfeiture was provided by M. Miles ties? What is the relationship between able? Matthews, Deputy Associate Attorney police strength and crime? General, and Joseph A. Florio, Asset What is forfeiture? When is it used? Forfeiture Section, Criminal Division. What is the role of private security in Invaluable contributions were also made crime control? When is the death penalty used? by Julio Borquez and Spencer Price Nash of the Inter-university Consortium How many people were arrested in a What sanctions are available for juvenile on Political and Social Research; typical yeat? For what offenses are they offenders? Patricia Smith of the Spangenberg arrested? What percentage of crimes Group; Barbara Boland of Abt Associ- result in an arrest? How do sentence lengths differ from ates; Joseph P. Briggs of the US. Mar- actual time served? shals Service; Linda Szymanski and What is the role of the prosecutor? Hunter Hurst of the National Center for How many people are under some form Juvenile Justice; Janet Munsterman of correctional supervision? Are correc- How many arrests result in prosecution? (Center for Jury Studies) and lngo How many prosecutions result in convic- tional populations increasing? How tions? many prisoners are confined in State Keilitz (Institute on Mental Disability and and Federal institutions? the Law) of the National Center for State To what extent are defendants released Courts; Mary Toborg of Toborg Associ- pending trial? How many released In what types of facilities are prisoners ates; D. Alan Henry of the Pretrial defendants fail to appear for trial or held? How densely populated are our Resources Center; John A. Carver of commit additional offenses? prisons? the National Association of Pretrial Serv- ices Agencies; and Phillip J. Renninger What is the role of the public defender? How many parolees return to prison? and Richard S. Morelli of the Pennsylva- How are defense services for indigents How many inmates were previously in nia Commission on Crime and Delin- provided in your State? prison? quency.

Report to the Nation on Crime and Justice 55 Section 1. An overview

The response to crime is a complex process that involves citizens as well as many agencies, levels, and branches of government

The private sector initiates What is the sequence of events in the criminal justice system? the response to crime Entry into the system Prosecution and pretrial services This first response may come from any part of the private sector: individuals, Information families, neighborhood associations, business, industry, agriculture, educational institutions, the news media, or any other private service to the public.

It involves crime prevention as well as participation in the criminal justice process once a crime has been committed. Private crime prevention is more than providing private security or burglar alarms or participating in neighborhood watch. It also includes a commitment to stop criminal behavior by not engaging in it or condoning it when it is committed by others. Misdemeano Citizens take part directly in the criminal justice process by reporting crime to the police, by being a reliable participant (for example, witness, juror) in a criminal Waived to proceeding, and by accepting the disposition of the system as just or reasonable. As voters and taxpayers, citizens also participate in criminal justice through the policymaking process that affects how the criminal justice Juvenile offenses process operates, the resources available to it, and its goals and objectives. At Nonpolice referrals every stage of the process, from the 2 original formulation of objectives to the decision about where to locate jails and prisons and to the reintegration of Note: This chart gives a simplified view of caseflow inmates into society, the private sector through the criminal justice system. Procedures vary has a role to play. Without such involve- among jurisdictions. The weights of the lines are not ment, the criminal justice process can- intended to show the actual size of caseloads. not serve the citizens it is intended to protect. require that specific steps be taken in Once a law enforcement agency has the administration of criminal justice. established that a crime has been com- The government responds to crime mitted, a suspect must be identified and through the criminal justice system The description of the criminal and juve- apprehended for the case to proceed nile justice systems that follows portrays through the system. Sometimes, a sus- We apprehend, try, and punish the most common sequence of events pect is apprehended at the scene; how- offenders by means of a loose con- in the response to serious criminal ever, identification of a suspect some- federation of agencies at all levels of behavior. times requires an extensive investiga- government. Our American system of tion. Often, no one is identified or justice has evolved from the English Entry into the system apprehended. common law into a complex series of procedures and decisions. There is no The justice system does not respond to Prosecution and pretrial services single criminal justice system in this most crime because so much crime is country. We have many systems that are not discovered or reported to the police After an arrest, law enforcement agen- similar, but individually unique. (see chapter 11). Law enforcement agencies present information about the case cies learn about crime from the reports and about the accused to the prosecu- Criminal cases may be handled differ- of citizens, from discovery by a police tor, who will decide if formal charges ently in different jurisdictions, but court officer in the field, or from investigative will be filed with the court. If no charges decisions based on the due process and intelligence work. are filed, the accused must be released. guarantees of the U.S. Constitution The prosecutor can also drop charges

56 Report to the Nation on Crime and Justice tion of the court. If the judge does not find probable cause, the case is dis- dication Sentencing and sanctions Corrections missed; however, if the judge or magis- - P trate finds probable cause for such a belief, or the accused waives his or her right to a preliminary hearing, the case may be bound over to a grand jury.

A grand jury hears evidence against the accused presented by the prosecutor and decides if there is sufficient evidence to cause the accused to be brought to trial. If the grand jury finds sufficient evidence, it submits to the court an indictment (a written statement of the essential facts of the offense charged against the accused). Where the grand jury system is used, the grand jury may also investigate criminal activity generally and issue indictments Out of system called grand jury originals that initiate criminal cases.

Misdemeanor cases and some felony cases proceed by the issuance of an information (a formal, written accusation Released Nonpayment submitted to the court by a prosecutor). In some jurisdictions, indictments may Probation be required in felony cases. However, the accused may choose to waive a Juvenile grand jury indictment and, instead, accept service of an information for the crime.

Adjudication

[Revocation 1 Once an indictment or information has Source: Adapted from The challenge of crime in a free society. been filed with the trial court, the President's Commission on Law Enforcement and Administration accused is scheduled for arraignment. of Justice, 1967. At the arraignment, the accused is informed of the charges, advised of the after making efforts to prosecute (nolle another time during the process. Pretrial rights of criminal defendants, and asked prosequi). release and bail were traditionally to enter a plea to the charges. Some- intended to ensure appearance at trial. times, a plea of guilty is the result of A suspect charged with a crime must However, many jurisdictions permit negotiations between the prosecutor be taken before a judge or magistrate pretrial detention of defendants accused and the defendant, with the defendant without unnecessary delay. At the initial of serious offenses and deemed to be entering a guilty plea in expectation of appearance, the judge or magistrate dangerous to prevent them from com- reduced charges or a lenient sentence. informs the accused of the charges and mitting crimes in the pretrial period. The decides whether there is probable court may decide to release the If the accused pleads guilty or pleads cause to detain the accused person. accused on hislher own recognizance, nolo contendere (accepts penalty with- Often, the defense counsel is also into the custody of a third party, on the out admitting guilt), the judge may assigned at the initial appearance. If the promise of satisfying certain conditions, accept or reject the plea. If the plea is offense is not very serious, the determi- or after the posting of a financial bond. accepted, no trial is held and the nation of guilt and assessment of a pen- offender is sentenced at this proceeding alty may also occur at this stage. In many jurisdictions, the initial appear- or at a later date. The plea may be ance may be followed by a preliminary rejected if, for example, the judge In some jurisdictions, a pretrial-release hearing. The main function of this hear- believes that the accused may have decision is made at the initial appear- ing is to discover if there is probable been coerced. If this occurs, the case ance, but this decision may occur at cause to believe that the accused com- may proceed to trial. other hearings or may be changed at mitted a known crime within the jurisdic-

Report to the Nation on Crime and Justice 57 If the accused pleads not guilty or not fines-primarily applied as penalties in will be under the supervision of a guilty by reason of insanity, a date is set minor offenses parole officer in the community for the for the trial. A person accused of a seri- restitution-which requires the balance of his or her unexpired sen- ous crime is guaranteed a trial by jury. offender to provide financial compensa- tence. This supervision is governed by However, the accused may ask for a tion to the victim. specific conditions of release, and the bench trial where the judge, rather than releasee may be returned to prison for a jury, serves as the finder of fact. In In many States, State law mandates that violations of such conditions. both instances the prosecution and persons convicted of certain types of defense present evidence by question- offenses serve a prison term. The juvenile justice system ing witnesses while the judge decides on issues of law. The trial results in Most States permit the judge to set the The processing of juvenile offenders is acquittal or conviction on the original sentence length within certain limits, but not entirely dissimilar to adult criminal charges or on lesser included offenses. some States have determinate sentenc- processing, but there are crucial differing laws that stipulate a specific sen- ences in the procedures. Many juveniles After the trial a defendant may request tence length, which must be served and are referred to juvenile courts by law appellate review of the conviction or cannot be altered by a parole board. enforcement officers, but many others sentence. In many criminal cases, are referred by school officials, social appeals of a conviction are a matter of Corrections services agencies, neighbors, and even right; all States with the death penalty parents, for behavior or conditions that provide for automatic appeal of cases Offenders sentenced to incarceration are determined to require intervention involving a death sentence. However, usually serve time in a local jail or a by the formal system for social control. under some circumstances and in some State prison. Offenders sentenced to jurisdictions, appeals may be subject to less than 1 year generally go to jail; When juveniles are referred to the juve- the discretion of the appellate court and those sentenced to more than 1 year nile courts, their intake departments, or may be granted only on acceptance of go to prison. Persons admitted to a prosecuting attorneys, determine a defendant's petition for a writ of cer- State prison system may be held in pris- whether sufficient grounds exist to war- tiorari. Prisoners may also appeal their ons with varying levels of custody or in rant filing a petition that requests an sentences through civil rights petitions a community correctional facility. adjudicatory hearing or a request to and writs of habeas corpus where they transfer jurisdiction to criminal court. In claim unlawful detention. A prisoner may become eligible for some States and at the Federal level parole after serving a specific part of his prosecutors under certain circumstances Sentencing and sanctions or her sentence. Parole is the condi- may file criminal charges against tional release of a prisoner before the juveniles directly in criminal courts. After a guilty verdict or guilty plea, sen- prisoner's full sentence has been tence is imposed. In most cases the served. The decision to grant parole is The court with jurisdiction over juvenile judge decides on the sentence, but in made by an authority such as a parole matters may reject the petition or the some States, the sentence is decided board, which has power to grant or juveniles may be diverted to other agen- by the jury, particularly for capital revoke parole or to discharge a parolee cies or programs in lieu of further court offenses such as murder. altogether. The way parole decisions are processing. Examples of diversion pro- made varies widely among jurisdictions. grams include individual or group coun- In arriving at an appropriate sentence, a seling or referral to educational and sentencing hearing may be held at Offenders may also be required to serve recreational programs. which evidence of aggravating or out their full sentences prior to release mitigating circumstances will be consid- (expiration of term). Those sentenced If a petition for an adjudicatory hearing ered. In assessing the circumstances under determinate sentencing laws can is accepted, the juvenile may be surrounding a convicted person's crimi- be released only after they have served brought before a court quite unlike the nal behavior, courts often rely on their full sentence (mandatory release) court with jurisdiction over adult presentence investigations by probation less any 'Qoodtime" received while in offenders. In disposing of cases juvenile agencies or other designated authori- prison. Inmates get such credits against courts usually have far more discretion ties. Courts may also consider victim their sentences automatically or by than adult courts. In addition to such impact statements. earning it through participation in options as probation, commitment to programs. correctional institutions, restitution, or The sentencing choices that may be fines, State laws grant juvenile courts available to judges and juries include If an offender has an outstanding the power to order removal of children one or more of the following: charge or sentence in another State, a from their homes to foster homes or the death penalty detainer is used to ensure that when treatment facilities. Juvenile courts also incarceration in a prison, jail, or other released from prison he or she will be may order participation in special pro- confinement facility transferred to the other State. grams aimed at shoplifting prevention, probation-allowing the convicted per- drug counseling, or driver education. son to remain at liberty but subject to If released by a parole board decision They also may order referral to criminal certain conditions and restrictions or by mandatory release, the releasee court for trial as adults.

58 Report to the Nation on Crime and Justice Despite the considerable discretion State constitutions and laws define the The response to crime is mainly associated with juvenile court proceed- criminal justice system within each State a State and local function ings, juveniles are afforded many of the and delegate the authority and respon- due-process safeguards associated with sibility for criminal justice to various Very few crimes are under exclusive adult criminal trials. Sixteen States per- jurisdictions, officials, and institutions. Federal jurisdiction. The responsibility to mit the use of juries in juvenile courts; State laws also define criminal behavior respond to most crime rests with the however, in light of the US. Supreme and groups of children or acts under State and local governments. Police pro- Court's holding that juries are not essen- jurisdiction of the juvenile courts. tection is primarily a function of cities tial to juvenile hearings, most States do and towns. Corrections is primarily a not make provisions for juries in juvenile Municipalities and counties further function of State governments. More courts. define their criminal justice systems than three-fifths of all justice personnel through local ordinances that proscribe are employed at the local level. The response to crime is founded additional illegal behavior and establish Percent of criminal justice in the intergovernmental the local agencies responsible for crimi- employment by level of structure of the United States nal justice processing that were not government established by the State. ---Local State Federal Under our form of government, each State and the Federal Government has Congress also has established a crimi- Police 77% 15% 8% its own criminal justice system. All sys- nal justice system at the Federal level to Judicial (courts only) 60 32 8 Prosecution and legal tems must respect the rights of indi- respond to Federal crimes such as services 58 26 17 viduals set forth in court interpretation of bank robbery, kidnaping, and transport- Public defense 47 50 3 the US. Constitution and defined in ing stolen goods across State lines. Corrections 35 61 4 case law. Total 62% 31O/o 8%

Source: Justice expenditure and employment. 1985, BJS Bullet~n.March 1987.

Discretion is exercised throughout where the situation fits in the scheme Who exercises discretion? the criminal justice system of law, rules, and precedent which official response is appropriate. These . . .must often decide criminal justice whether or not or Discretion is "an authority conferred by officials. . . how to- law to act in certain conditions or situa- To ensure that discretion is exercised tions in accordance with an official's or responsibly, government authority is Police Enforce specific laws an official agency's own considered often delegated to professionals. Profes- Investigate specific crimes judgment and conscience."l Discretion sionalism requires a minimum level of Search people, vicinities, is exercised throughout the government. buildings training and orientation, which guides Arrest or detain people It is a part of decisionmaking in all officials in making decisions. The profes- government systems from mental health sionalism of policing discussed later in Prosecutors File charges or petitions to education, as well as criminal justice. this chapter is due largely to the desire for adjudication Seek indictments to ensure the proper exercise of police Drop cases Concerning crime and justice, legislative discretion. Reduce charges bodies have recognized that they cannot anticipate the range of circum- The limits of discretion vary from State Judges or Set bail or conditions stances surrounding each crime, antici- magistrates for release to State and locality to locality. For Accept pleas pate local mores, and enact laws that example, some State judges have wide Determine delinquency clearly encompass all conduct that is discretion in the type of sentence they Dismiss charges criminal and all that is not.2 Therefore, may impose. In recent years other Impose sentence persons charged with the day-to-day States have sought to limit the judges' Revoke probation response to crime are expected to exer- discretion in sentencing by passing Correctional Assign to type of cise their own judgment within limits set mandatory sentencing laws that require officials correctional facility by law. Basically, they must decide- prison sentences for certain offenses. Award privileges Punish for disciplinary * whether to take action infractions

Paroling Determine date and authority conditions of parole Revoke parole Report to the Nation on Crime and Justice 59 More than one agency In response to dual jurisdiction and to Differences in local laws, has jurisdiction over some promote more effective coordination, agencies, resources, standards, criminal events Law Enforcement Coordinating Commit- and procedures result in varying tees have been established throughout responses in each jurisdiction the country and include all relevant Fed- The response to most criminal actions is The outcomes of arrests for serious eral and local agencies. usually begun by local police who react cases vary among the States as shown to violation of State law. If a suspect is by Offender-based Transaction Statistics Within States the response apprehended, he or she is prosecuted from nine States: locally and may be confined in a local to crime also varies from one jail or State prison. In such cases, only locality to another % of arrests for serious crimes one agency has jurisdiction at each that result in. . . stage in the process. The response differs because of statu- Prose- Convic- Incarcer- tory and structural differences and ---cution tion ation However, some criminal events because differences in how discretion is exer- of their characteristics and location may cised. Local criminal justice policies and Virginia 100% 61% 55% come under the jurisdiction of more programs change in response to local Nebraska 99 68 39 than one agency. For example, such attitudes and needs. For example, the overlapping occurs within States when prosecutor in one locality may concen- New York 97 67 31 local police, county sheriffs, and State trate on particular types of offenses that Utah 97 79 9 police are all empowered to enforce plague the local community while the State laws on State highways. prosecutor in another locality may con- Virgin Islands 95 55 35 centrate on career criminals. Congress has provided for Federal juris- Minnesota 89 69 48 diction over crimes that- The response to crime also varies Pennsylvania 85 56 24 * materially affect interstate commerce on a case-by-case basis occur on Federal land California 78 61 45 involve large and probably interstate No two cases are exactly alike. At each criminal organizations or conspiracies stage of the criminal justice process offi- Ohio 77 50 21 are offenses of national importance, cials must make decisions that take into Source: Disaggregated data used in Zacking offenders: such as the assassination of the account the varying factors of each While.collar crime, BJS Special Report. November 1986. President.3 case. Two similar cases may have very Some of this variation can be explained different results because of various fac- by differences among States. For exam- Bank robbery and many drug offenses tors, including differences in witness ple, the degree of discretion in deciding are examples of crimes for which the cooperation and physical evidence, the whether to prosecute differs from State States and the Federal Government availability of resources to investigate to State; some States do not allow any both have jurisdiction. In cases of dual and prosecute the case, the quality of police or prosecutor discretion; others jurisdiction, an investigation and a the lawyers involved, and the age and allow police discretion but not prosecu- prosecution may be undertaken by all prior criminal history of the suspects. tor discretion and vice versa. authorized agencies, but only one level of government usually pursues a case. For example, a study of FBI bank robbery investigations during 1978 and 1979 found that of those cases cleared- * 36% were solved by the FBI alone 25% were solved by a joint effort of the FBI and State and local police 40% were solved by the State and local police acting alone.

60 Report to the Nation on Crime and Justice Basic sources U.S. Department of Justice Bureau of Justice Statistics: BJS Bulletins- Bank robbery: Federal offenses and offenders, NCJ-94463, August 1984 Justice expenditure and employment, 1985, NCJ-104460, March 1987 BJS Special Report- Tracking offenders: White-collar crime, NCJ-102867, November 1986 BJS Report- Justice expenditure and employment in the U.S., 1971-79, NCJ-92596, August 1984 President's Commission on Crime and the Administration of Justice The challenge of crime in a free society (Washington: USGPO, 1968) Other sources Cohn, Alvin W., Crime and justice administration (Philadelphia: J.B. Lippincott Company, 1976) Gottfredson, Michael R., and Don M. Gott- fredson, Decisionmaking in criminal justice: Toward the rational exercise of discretion (Cambridge, Mass.: Ballinger Publishing Company, 1980) Hazzard, Geoffrey C., Jr., "Criminal Justice System: Overview," in Encyclopedia of crime and justice, volume 2, Stanford H. Kadish, editor in chief (New York: The Free Press, 1983) Inbau, F., J. Thompson, and A. Mocussens, Criminal law: Cases and comments, 2nd edition (Mineola, N.Y.: Foundation Press, 1979), pp. 1-15 Jacob, Herbert, Justice in America, 3rd edition (Boston: Little, Brown & Co., 1978) Johnson, Elmer H., Crime, correction and society, 3rd edition (Homewood, Ill.: Dorsey Press, 1974) Reed, Sue Titus, Crime and criminology, 4th edition (New York: CBS College Publishing, 1985) Rossum, Ralph A,, The politics of the criminal justice system (New York: Marcel Dekker, Inc., 1978) Notes 'Roscoe Pound, "Discretion, dispensation, and mitigation: The problem of the individual special case," New York University Law Review (1960) 35:925, 926. 'Wayne R. LaFave, Arrest: The decision to take a suspect into custody (Boston: Little, Brown & Co.. 1964), pp. 63-184. 3Attorney General's Task Force on Violent Crime-Final report, U.S. Department of Jus- tice, August 17, 1981, p. 2.

Report to the Nation on Crime and Justice 61 Section 2. Entry into the criminal justice system

The system responds directly to a fraction of crime

Most crime is not reported to police The first contact with the criminal In a study of response time in Kansas justice system for most citizens City, only about 6% of the callers As noted in chapter II, only about a is the police dispatcher reported crimes in progress. Where dis- third of all crimes are reported to police. covery crimes are involved (those The crimes most likely to be reported In many cities citizens can report crimes noticed after the crime has been com- are those most serious in terms of injury through a universal number, such as pleted), few arrests may result even if and economic loss. 911. In other cities the citizen must call citizen reporting immediately follows dis- the police directly. The dispatcher will covery; by this time the offender may The criminal justice system responds to ask for facts about the crime, such as be safely away. If a suspect is arrested, crimes brought to its attention by what happened, where, when, whether the length of delay between the offense reports from citizens or through direct or not it involved injury or loss. This and arrest may crucially affect the observation by law enforcement officers. information helps the police to select government's ability to prosecute the Crimes are reported most often by the the most appropriate response. suspect successfully because of the victim or a member of the victimized availability of evidence and witnesses. household. Police discover 3% of Law enforcement is one reported personal crimes and 2% of of several police roles Today, police officers reported household crimes. do not always respond The roles of police officers are- to calls for service Most reported crimes are not solved by * Law enforcement-applying legal arrest. For that reason the proportion of sanctions (usually arrest) to behavior Based on research and the desire for crimes handled directly by the criminal that violates a legal standard. improved efficiency, many police depart- justice system through the processing of Order maintenance-taking steps to ments now use a number of response suspects is relatively small. Indirectly, control events and circumstances that alternatives to calls for service. The type the criminal justice system may be deal- disturb or threaten to disturb the peace. of alternative depends on a number of ing with more crime than appears from For example, a police officer may be factors such as whether the incident is arrest data because the offenders who called on to mediate a family dispute, to in progress, has just occurred, or are processed may have committed disperse an unruly crowd, or to quiet an occurred some time ago and whether much more crime than that for which overly boisterous party. anyone is or could be injured. Police they are arrested (see chapter Ill). Information gathering-asking rou- officers may be sent, but the call for tine questions at a crime scene, inspect- service may also be responded to by- Fallout for the crime of aggravated ing victimized premises, and filling out * Telephone report units who take the assault is shown in this chart: forms needed to register criminal crime report over the telephone. In complaints. some departments, more than a third of Aggravated assault Service-related duties-a broad the calls are initially handled in this way. rate per 1,000 persons age 12 and older range of activities, such as assisting Delayed response if officers are not injured persons, animal control, or fire needed at once and can respond when NCS victimization rate calls. they are available. Most departments state a maximum delay time, such as Wilson's analysis of citizen complaints 30 to 45 minutes, after which the radioed to police on patrol showed closest unit is assigned to respond. that- Civilian personnel trained to take * 10% required enforcement of the law reports; they may be evidence techni- more than 30% of the calls were cians, community service specialists, appeals to maintain order animal control officers, or parking 22% were for information gathering enforcement officers. 38% were service-related duties. Referral Po other noncriminal justice agencies such as the fire depart- Most crime is not susceptible ment, housing department, or social to a rapid police response service agencies. A request for a walk-in report where A study by the Police Executive the citizen comes to the police depart- Research Forum suggests that police ment and fills out a report. response time is important in securing arrests only when they are called while the crime is in progress or within a few seconds after the crime was committed. Otherwise, the offender has plenty of time to escape.

62 Report to the Nation on Crime and Justice A variety of public agencies provide protection from crime

Law enforcement evolved Traditionally, the police Professionalism and advanced throughout U.S. history function has been dominated technology have also transformed by local governments policing in the past half century In colonial times law was enforced by constables and a night watch made up in 1986 there were 11,743 municipal, In 1982, 79% of police officers in a of citizens who took turns watching for 79 county, and 1,819 township general- sample survey conducted by the FBI fires and unruly persons. By the begin- purpose police agencies in the United reported that they had done some col- ning of the 19th century, most citizens States. Together, they employ 533,247 lege work. 23% of the respondents had who could afford it paid for someone full-time equivalent employees. received baccalaureate degrees.' Basic else to take their watch. Other State and local law enforcement and in-service training is now regarded groups include State agencies such as as indispensable. More than 670 train- The first publicly supported, centralized, the 51 State police and highway patrols ing academies now exist in the United consolidated police organization in the and some 965 special police agencies States.* United States was established in New including park rangers, harbor police, In 1964 only one major police depart- York in 1844. It was modeled after the transit police, and campus security ment was using automated data London Metropolitan Police created in forces. Along with their independent processing.3 More recent surveys sug- 1829 by Sir Robert Peel. Other major responsibilities, these agencies often gest that virtually all jurisdictions of American cities adopted the same sys- support local law enforcement on tech- 50,000 or more population were using tem soon after. Today, more than 90% nical matters such as forensics and computers by 1981.4 of all municipalities with a population of identification. In 1922 less than 1,000 patrol cars 2,500 or more have their own police The Federal Government employs 8% were in use in the entire country.5 At forces. of all law enforcement personnel. that time, only one city had radio- Among the more than 50 Federal law equipped cars. Today, the patrol car has Rural policing in the United States enforcement agencies are the Federal almost redaced the "beat COD"and developed from the functions Bureau of Investigation (FBI), the Drug police communications enable the of sheriffs Enforcement Administration (DEA), the patrol officer to have access to citizen Bureau of Alcohol, Tobacco, and Fire- calls for service as well as data banks The office of sheriff, a direct import from arms (BATF), the Secret Service, and on a variety of critical information, 17th century England, was used primar- the Postal Inspection Service. including outstanding warrants and sto- ily in the rural colonies of the South. As len property. elected county officials, sheriffs had Urbanization and social change detention and political functions along have had great impact on policing with law enforcement responsibilities. Increased civilian The dramatic shift in population to employment has also Originally responsible for large, sparsely urban areas since World War II has had changed police agencies populated areas, many sheriffs were great impact on the demand for police The increase results from the- faced with big city law enforcement service. The percentage of police * desire to free up sworn officers problems because of urban growth after officers employed in urban areas rose for patrol duties World War II. In some counties the from 68% in 1977 to 82% in 1982. need for technical expertise, sheriff's office has retained its detention During the recent period of increasing such as data processing. functions, but law enforcement functions concern about employment discrimina- Percent are handled by county police depart- tion against women and minorities, civilian ments. In other counties the sheriff's mostly white, male police departments office resembles many big city police have added women and minorities to departments. There are more than 3,000 their ranks. The proportion of sworn sheriff's departments in the United officers who were women went from 2% States today. in 1971 to almost 7% in 1985. The proportion of police officers and detectives who were black went from 9% in 1983 to 12% in 1985.

Source: FBI Uniform Crime Reports, 1971-85.

Report to the Nation on Crime and Justice 63 The demand for law enforcement service varies among jurisdictions

Most counties have between 1 and 3 police officers per 1,000 residents

Number of law enforcement officers per 1,000 residents

Source: Cornpendrum of public ernployrnenl. Census of Governments, US Bureau of the Census, 1982

There is no standard level County, Tennessee (containing the city ship between either the number of of police protection of Knoxville), with a population of over police officers on duty and the rate at 300,000, both have about 2 officers per which crime occurs or between crime Police employment in the United States 1,000 residents. rates and budget allocations for law ranges from 0 to 55 police per 1,000 enforcement. Some contend that if a residents; however, three-quarters of all No single factor determines the relationship is to be found between counties have between 1 and 3 officers police strength of a given area crime rates and police, it may be per 1,000 residents. The number of associated more with the tactics of law officers per 100 square miles ranges Decisions on the size of a police force enforcement officers than with their from 0 in some places in Alaska, where may be determined by a variety of fac- numbers6 State police and Federal authorities tors, including the budgetary constraints The rate of law enforcement officers enforce the law, to 8,667 in the of a city or county (see chapter V). per capita shows little relationship to boroughs of New York City. Yet, some Many people believe that increased county population. The analysis of per counties that greatly differ in population police employment will result in higher capita police rates per county shows and land area have similar levels of levels of protection and will lead to that the size of the law enforcement police protection. For example, San reductions in crime. Yet, researchers dis. contingent is influenced more by such Diego county, with a population of more agree about whether there is a relation- special factors as the presence of than 1.8 million in 1980 and Knox universities and large numbers of com-

64 Report to the Nation on Crime and Justice Most counties have fewer than 5 police officers per 100 square miles

Number of law enforcement officers per I00 square miles

Source: Compendium of public employmenl. Census of Governments, US Bureau of the Census, 1982.

muters or tourists than by the size of the State and local police employment was lowest (4300) in the Northeast, resident population. per capita rose by 63% in 25 years which in 1982 had the most police The area of a county also shows little officers per capita. or no relationship to either police Between 1957 and 1982 the number of employment levels or the number of police officers per 1,000 residents of the The greatest growth occurred between police per square mile (see map United States increased from 1.6 to 2.6. 1962 and 1972 (35%). More recently above). Some studies have shown that Around the same time, the reported (1972-82) police employment continued the strength of the police force is les- crime rate rose 436% (from 1.1 UCR to grow, but at a much slower rate. A sened as the enforcement area in Index Crimes per 1,000 population in recent study found that after rapid square miles goes up.7 1960 to 5.9 in 1980). growth in the late 1960s and early One factor that appears to contribute 1970s, the number of police employees to police strength is density. As the Between 1957 and 1982 growth in the in 88 cities of at least 100,000 inhabi- number of residents per square mile number of police officers per capita- tants has leveled off since 1972. increases, there is likely to be an * occurred in all regions of the country increase in the number of police per was highest (7900) in the North Cen- capita. tral region

Report to the Nation on Crime and Justice 65 Private security plays an important role in crime control

Private security continues to grow 1.1 million people are estimated 37 States license private investigators. to be employed in private security Alarm companies must obtain a After public police agencies were license in 25 States and are regulated Proprietary security 448,979 in 10 States. formed in the mid-1800s, organized pri- Guards 346,326 vate law enforcement developed in Store detectives 20,106 8 States license armored car compa- response to- Investigators 10,000 nies and 6 States license couriers. * the lack of public police protection in Other workers 12.21 5 In fewer than 12 States, the same the expanding West Manager and staff 60,332 agency or board regulates alarm com- problems with interstate jurisdiction Contract security panies and armored car firms, as well development of the railroad Guards and investigator as guard, patrol, and investigative firms. * increased industrialization. Central alarm station 3 States have independent regulatory Local alarm Armored carlcourier boards; 6 States have such boards in The first private security officer, Allan Security equipment State agencies. Pinkerton, had a tremendous impact on Specialized services Private security is regulated by the private security through his work with Security consultants department of public safety or State police in 15 States, the department of the railroads and through his establish- Total 1,100,000 ment of the first private security firm. commerce or occupational licensing Owing to the lack of a Federal law Source: Cunningham and Taylor, Privale security and police agency in 7 States, and the department in America: The Hallcres! report (Portland, Oreg.: Chaneller enforcement agency, Pinkerton's security Press, 1985). of state in 5 States. agency was hired by the Federal Government in 1861. More recently The authority of private security Public police are often employed there has been increased need for pri- personnel varies among States by private security firms vate security, particularly to protect and localities defense secrets and defense supplies Some police officers "moonlight" as pri- provided by the private sector. More Many States give private security per- vate security officers in their off-duty recent growth in private security is in sonnel authority to make felony arrests hours. According to the Hallcrest survey, response to growth of crime and secu- when there is "reasonable cause" to 81% of the surveyed police departments rity needs in businesses. believe a crime has been committed. permit moonlighting, but most estimated Unlike sworn police officers, private per- that 20% or less of their officers are The private security industry sonnel are not obligated to tell arrestees working as private security personnel. protects private concerns of their rights. Private security usually Acting like a contract security firm, against losses from accidents, cannot detain suspects or conduct some police departments provide per- natural disasters, or crime searches without the suspect's consent. sonnel to private concerns and use the In some States laws give private security revenue for the department. This for-profit industry provides- authority to act as "special police" within * personnel, such as guards, investiga- a specific jurisdiction such as a plant, a Private security has continued tors, couriers, bodyguards store, or university campus. to outnumber public police equipment, including safes, locks, since the 1950s lighting, fencing, alarm systems, closed Many private security firms circuit television, smoke detectors, fire are licensed or regulated Public police protection grew most extinguishers, and automatic sprinkler rapidly in the late 1960s and early systems In some jurisdictions both State and 1970s in response to increasing urbani- services, including alarm monitoring; local requirements must be met to zation and crime rates. Public police employee background checks and drug obtain a license to provide private protection has stabilized in the 1980s testing; evacuation planning; computer security. but private security has continued to security planning; and polygraph grow. Further growth of the private testing. At the State level- security industry is expected, particu- * 35 States license guard and patrol larly in relation to products using high Private security is provided either by firms. technology, such as electronic access direct hiring (proprietary security) or by 22 States and the District of Columbia control and data encryption units for hiring specific services or equipment require the registration of guards. computer security systems. (contract security).

66 Report to the Nation on Crime and Justice --a%r=zm -_____ Most criminal cases are initiated by arrest

When a crime has been committed, a suspect must be identified 11.9 million arrests were reported and apprehended for the case by law enforcement agencies in 1985 to proceed through the system Estimated number of Sometimes a suspect is apprehended at -Rank Offense arrests the scene; however, extensive investigations may be required to identify a sus- 1 All other offenses (except traffic) 2,489,200 pect, and, in many cases, no one is 2 Driving under the influence 1,788,400 identified or apprehended. Law enforce- * 3 Larceny-theft 1,348,400 ment agencies have wide discretion in 4 Drunkenness 964,800 determining when to make an arrest, 5 Drug abuse violations 81 1,400 but to arrest a suspect properly they must obtain an arrest warrant from the 6 Disorderly conduct 671,700 7 Simple assaults court prior to arrest or they must be 637,600 8 Liquor law violations 548,600 able to show that at the time of arrest *9 Burglary 443,300 they had probable cause to believe that 10 Fraud 342,600 the suspect committed the crime. A suspect who is arrested (taken into physical *I1 Aggravated assault 305,390 custody) must then be booked (official 12 Vandalism 259,600 recording of the offenses alleged and 13 Weapons: carrying, possessing, the identity of the suspect). In some etc. 180,900 States law enforcement agencies must 14 Runaway 161,200 *15 Robbery fingerprint suspects at the time of arrest 136,870 and booking. *16 Motor vehicle theft 133,900 17 Stolen property: buying, Most persons enter the criminal receiving, possessing 127,100 justice system through arrest, 18 Prostitution and commercial vice 113,800 but some enter in other ways 19 Sex offenses (except forcible rape) 100,600 20 Forgery and counterfeiting 87,600 A person may be issued a citation by a police officer requiring a court appear- 21 Curfew and loitering law violations 81,500 22 ance to answer a criminal charge. Offenses against family and children 58,800 Generally, a citation creates an obliga- * 23 Forcible rape 36,970 tion to appear in court. However, in 24 Vagrancy 33,800 some jurisdictions, a payment of money 25 Gambling 32,100 can be made in lieu of a court appearance; the common example of such a *26 Arson 19,500 provision is the case of a minor traffic *27 Murder and nonnegligent man. violation. Alternatively, a person may be slaughter 18,330 issued a summons (a written order by a 28 Suspicion 12,900 29 Em bezzlement judicial officer requiring an appearance 11,400 in court to answer specific charges). A 'UCR lndex Crimes. Source: FBI Crime in the United States, 1985. third way of entering the criminal justice system is through indictment by a grand Only one of every five arrests jury. Such indictments usually follow the is for a UCR lndex offense referral of allegations and evidence by the prosecutor. Occasionally, a grand * 21% of all arrests involved UCR lndex jury will issue an indictment pursuant to crimes a criminal investigation initiated by the 28% of all arrests are directly related prosecutor. Such an indictment is com- to drinking (driving under the influence, monly known as a 'brand jury original." drunkenness, and liquor law violations) 7% of all arrests are drug abuse violations including sale, manufacture andlor possession of cocaine, heroin, marijuana, or synthetic and other manufac- tured drugs.

Report to the Nation on Crime and Justice 67 For most crimes, no one is apprehended

For every five offenses reported to police. . .

Source: FBI Uniform Cr~meReports. 1984.

When is a crime considered solved? The interpretation of clearance statistics Most crimes are not cleared must be approached with caution. For by arrest Law enforcement agencies measure example, a number of criminal offenses solved cases by counting clearances, may be designated as cleared when a Reported crimes that is, the number of cases in which a single offender has been apprehended cleared by known criminal offense has resulted in for their commission. However, because arrest the arrest, citation, or summoning of a the crimes may have involved the partic- person in connection with the offense or ipation of multiple suspects, the term Murder 72% in which a criminal offense has been clearance may suggest that a criminal Aggravated assault 62 "resolved" (location and identity of sus- investigation has closed, when in fact it Forcible rape 54 pect known), but an arrest is not pos- may be continued until the remaining Robbery 25 sible because of exceptional circum- suspects are apprehended. Additionally, stances such as the death of the a case may be cleared even though the Larceny-theft 20 suspect or the refusal of the victim to suspect will not be processed for that Motor vehicle theft 15 prosecute. offense or is later absolved of wrong- Burglary 14 doing. All UCR Index Crimes 21010

Source. FBI Crime in the Uniled Slates. 1985.

68 Report to the Nation on Crime and Justice . . .there is approximately one arrest

. . Number of UCR lndex arrests per 1,000 populat~on Oto4 4t08 8to12 nnn 0Annual data mcomplete Source: FBI Uniform Crime Reports, 1984

Serious violent crimes are more intensive investigative efforts are used likely to be cleared than serious more frequently with crimes of violence, property crimes resulting in a greater number of arrests.

The rate of clearance for crimes of vio- UCR lndex arrest rates for lence (murder, forcible rape, aggravated counties tend to follow a pattern assault, and robbery) is nearly 48% vs. similar to crime rates the 18% clearance rate for property crimes (burglary, larceny, motor vehicle Counties with very high arrest rates tend theft). This wide variation is largely to be in urban or resort areas, which because- also have high crime rates. Counties * victims often confront perpetrators in with low arrest rates do not display a violent crimes consistent pattern, which is probably witnesses are more frequently avail- due in part to arrest reporting practices. able in connection with violent crimes than with property crimes

Report to the Nation on Crime and Justice 69 Basic sources Notes 'FBI A study of factors influencing the con- U.S. Department of Justice tinuing education of police officers, LeDoux Bureau of Justice Statistics: and Tully, July 1982. BJS Bulletin- 2O'Leary and Titus, Monograph, vols. I and Justice expenditure and employment, 1985, II, National Association of State Directors of NCJ-104460, March 1987 Law Enforcement Training (Columbia: South BJS Special Reports- Carolina Criminal Justice Authority, 1986). Police employment and expenditure trends, 3Kent Colton, "Police and computers: Use, BJS Special Report, NCJ-100117, February acceptance, and impact of automation," in 1986 The municipal yearbook, 1972 (Washington: Reporting crimes to the police, NCJ-99432, lnternational City Management Association, December 1985 1972). BJS Reports- 4Survey of police operational and administra- Criminal victimization in the United States, tive practices 1978 (Washington: Police 1973-85, October 1986 Executive Research Forum, 1978). Justice agencies in the United States, 1986, 5Herbert G. Locke, "The evolution of contem- forthcoming porary police service," in Local government BJS Survey- police manaaement, 2nd edition, Bernard L. National Crime Survey, 1975-85 Garmine, edT (Washington: lnternational City Management Association, 1982). Federal Bureau of Investigation: 6Colin Loftin and David McDowell, 'The Crime in the United States, 1975-85 police, crime, and economic theory: An Uniform Crime Reports, 1971-85 assessment," American Sociological Review National Institute of Justice: (June 1982) 47(3):393-401. Levine, Margaret J., and J. Thomas McEwen, 'James S. Kakalik and Sorrell Widhorn, Aids Patrol deployment, NCJ-99803, September to decisionmaking in police patrol, a report 1985 prepared for the U.S. Department of Housing and Urban Development (Santa Monica, U.S. Department of Commerce Calif.: The RAND Corporation, February Bureau of the Census: 1971), p. 90. Compendium of public employment, 1982 Census of Governments Historical statistics on governmental finances and employment, 1982 Census of Governments

Other sources Beckman, Erik, Law enforcement in a democratic society: An introduction (Chicago: Nelson-Hall, 1980) Calling the police: Citizens reporting of serious crime (Washington: Police Executive Research Forum, 1981) Chamberlin, Charles, 'A short history of private security,'' Assets Protection; lnternational Journal of Security and Investigation (July/August 1979) 4(3):35-38 Cunningham and Taylor, Private security and police in America: "The Hallcrest report" (Port- land, Oreg.: Chaneller Press, 1985) Hess and Wrobleski, Introduction to private security (St. Paul: West Publishing Company, 1982) Response time analysis: Executive summary (Kansas City, Mo.: Kansas City Police Depart- ment, September 1978) Wilson, James Q., Varieties of police behavior (Atheneum, N.Y.: Atheneum [by permission of Harvard University Press], 1971)

70 Report to the Nation on Crime and Justice Section 3. Prosecution and pretrial services

The prosecutor provides the link between the law enforcement and adjudicatory processes

The American prosecutor is unique in the world Differences in how prosecutors handle felony cases can be seen in 4 jurisdictions First, the American prosecutor is a public prosecutor representing the people Golden, Colorado 15 dismissed in matters of criminal law. Historically, 19 rejected 43 misdemeanor court 1 to trial European societies viewed crimes as 740 wrongs against an individual whose 3 divertedlreferred 24 pled guilty claims could be pressed through private 100 arrests 81 accepted prosecution. Second, the American 8 dismissed prosecutor is usually a local official, 0 referred 38 felony court 2 to trial 1- 733 : 5 divertedlreferred reflecting the development of autono- 23 pled guilty mous local governments in the colonies. Finally, as an elected official, the local American prosecutor is responsible to Manhattan, New York 28 dismissed the voters. 3 rejected 71 misdemeanor court t proceeded * to trial 1 divertedlreferred 42 pled guilty Prosecution is the function 100 arrests 97 accepted of representing the people 4 dismissed in criminal cases 0 referred 26 felony court I t26 proceeded 3 to trial 0 divertedlreferred -E 19 pled guilty After the police arrest a suspect, the + prosecutor coordinates the government's response to crime-from the initial screening, when the prosecutor decides Salt Lake City, Utah 12 dismissed whether or not to press charges, 21 rejected 32 misdemeanor court -* 28 proceeded 0 to trial through trial. In some instances, it con- t t 4 divertedlreferred 16 pled guilty tinues through sentencing wlth the 100 arrests 74 accepted presentation of sentencing recommen- I- 4 8 dismissed dations. 5 referred 42 felony court -* 41 proceeded 4 to trial 1 divertedlreferred 29 pled guilty Prosecutors have been accorded much discretion in carrying out their responsibilities. They make many of the deci- Washington, D.C. 28 dismissed sions that determine whether a case will 15 rejected 52 misdemeanor court 3 to trial proceed through the criminal justice 749 proceeded 18 pled guilty process. t t 3 divertedlreferred --E 100 arrests 84 accepted

Prosecution is predominantly t1 referred i 5 dismissed a State and local function 32 felony court -* 32 proceeded 6 to trial 0 divertedlreferred I21 pled guilty Prosecuting officials include State, district, county, prosecuting, and common- 'Less than .5%. Source: Barbara Boland with Ronald Sones, INSLAW, Inc., wealth attorneys; corporation counsels; The prosecution of felony arrests, 1981, BJS, 1986. circuit solicitors; attorneys general; and U.S. attorneys. Prosecution is carried out cution. Federal prosecution is the Index crime. Usually, once an arrest is by more than 8,000 State, county, muni- responsibility of 93 US. attorneys who made and the case is referred to the cipal, and township prosecution agen- are appointed by the President subject prosecutor, most prosecutors screen cies.' In all but five States, local prose- to confirmation by the Senate. cases to see if they merit prosecution. cutors are elected officials. Many small The prosecutor can refuse to prosecute, jurisdictions engage a part-time prose- The decision to charge is generally for example, because of insufficient evi- cutor who also maintains a private law a function of the prosecutor dence. The decision to charge is not practice. In some areas police share the usually reviewable by any other branch charging responsibility of local prosecu- Results of a 1981 survey of police and of government. tors. Prosecutors in urban jurisdictions prosecution agencies in localities of over often have offices staffed by many full- 100,000 indicate that police file initial time assistants. Each State has an office charges in half the jurisdictions sur- of the attorney general, which has juris- veyed. This arrangement, sometimes diction over all matters involving State referred to as the police court, is not law but generally, unless specifically commonly found in the larger urban requested, is not involved in local prose- areas that account for most of the UCR

Report to the Nation on Crime and Justice 71 Some prosecutors accept The official accusation in felony Some States do not require almost all cases for prosecution; cases is a grand jury indictment or a grand jury indictment others screen out many cases a prosecutor's bill of information to initiate prosecutions

Some prosecutors have screening units According to Jacoby, the accusatory Grand jury Grand jury indictment indictment designed to reject cases at the earliest process usually follows one of four required optional possible point. Others tend to accept paths: most arrests, more of which are dis- arrest to preliminary hearing for bind- All crimes Arizona missed by judges later in the adjudica- over to grand jury for indictment New Jersey Arkansas tion process. Most prosecutor offices fall arrest to grand jury for indictment South Carolina California Tennessee Colorado somewhere between these two arrest to preliminary hearing to a bill Virginia Idaho extremes. of information illinois a combination of the above at the All felonies Indiana Arrest disposition patterns in 16 jurisdic- prosecutor's discretion. Alabama Iowa Alaska Kansas tions range from 0 to 47% of arrests Delaware Maryland rejected for prosecution. Jurisdictions Whatever the method of accusation, the District of Columbia Michigan with high rejection rates generally were State must demonstrate only that there Georgia Missouri found to have lower rates of dismissal at is probable cause to support the Hawaii Montana Kentucky Nebraska later stages of the criminal process. charge. Maine Nevada Conversely, jurisdictions that accepted Mississippi New Mexico most or all arrests usually had high dis- The preliminary hearing is used New Hampshire North Dakota missal rates. in some jurisdictions to determine New York Oklahoma North Carolina Oregon probable cause Ohio South Dakota Prosecutorial screening practices Texas Utah are of several distinct types The purpose of the hearing is to see if West Virginia Vermont there is probable cause to believe a Washington Capital crimes only Wisconsin Several studies conclude that screening crime has been committed and that the Connecticut Wyoming decisions consider- defendant committed it. Evidence may Florida * evidentiary factors be presented by both the prosecution Louisiana Grand jury lacks the views of the prosecutor on key and the defense. On a finding of proba- Massachusetts authority to indict criminal justice issues ble cause the defendant is held to Minnesota Rhode Island Pennsylvania 8 the political and social environment in answer in the next stage of a felony which the prosecutor functions proceeding. Note: With the exception of capital cases a defendant can the resource constraints and organiza- always waive the right to an ~ndictment.Thus, the requirement for an indictment to initiate prosecution exists only in tion of prosecutorial operations. The grand jury emerged the absence of a waiver. from the American Revolution Source: Deborah Day Emerson. Grand jury reform: A review Jacoby's study confirmed the presence as the people's protection of key issues. National Institute of Justice, U.S. Department of at least three policies that affect the against oppressive prosecution of Justice, January 1983. screening decision: by the State Legal sufficiency-an arrest is The secrecy of the grand jury accepted for prosecution if, on routine Today, the grand jury is a group of ordi- is a matter of controversy review of the arrest, the minimum legal nary citizens, usually no more than 23, elements of a case are present. which has both accusatory and inves- Critics of the grand jury process sug- System efficiency-arrests are tigative functions. The jury's proceedings gest it denies due process and equal disposed as quickly as possible by the are secret and not adversarial so that protection under the law and exists only fastest means possible, which are rejec- most rules of evidence for trials do not to serve the prosecutor. Recent criti- tions, dismissals, and pleas. apply. Usually, evidence is presented by cisms have fostered a number of Trial sufficiency-the prosecutor the prosecutor who brings a case to the reforms requiring due process protec- accepts only those arrests for which, in grand jury's attention. However, in some tions for persons under investigation his or her view, there is sufficient evi- States the grand jury is used primarily and for witnesses; requiring improve- dence to convict in court. to investigate issues of public corruption ments in the quality and quantity of evi- and organized crime. dence presented; and opening the proceeding to outside review. While there is much variation in the nature and implementation of reforms, 15 States have enacted laws affording the right to counsel, and 10 States require evidentiary standards approaching the requirements imposed at trial.

72 Report to the Nation on Crime and Justice Why are some cases rejected or dismissed?

Once charges are filed, Evidence problems are the most common reason a case may be terminated for prosecutors to reject cases only by official action Percent of felony arrests declined for prosecution because of - The prosecutor can drop a case after Insuffi- Due Interest Plea on Referral Referral Declined cient Witness process of another to for other making efforts to prosecute (nolle Jurisdiction cases' evidence problems problems justice case diversion prosecution Other prosequi), or the court can dismiss the ------case on motion of the defense on Golden. Colo. 41 59% 27% 20/0 5% 20/0 2% 20/0 OVo grounds that the government has failed Greeley, Colo. 235 52 7 0 38 0 1 2 0 to establish that the defendant commit- Manhattan, N.Y. 995 61 23 5 4 0 - 3 4 ted the crime charged. The prosecution New Orleans, La. 4.1 14 38 30 12 8 0 7 4 - also may recommend dismissal, or the Salt Lake City, Utah 973 58 12 1 8 1 2 19 - judge may take the initiative in dismiss- San Diego, Calif. 4,940 54 15 6 9 1 0 9 7 ing a case. A dismissal is an official Washington, D.C. 1,535 30 24 - 13 0 - 3 29 action of the court. 'Excludes cases for which reasons are unknown Source: Barbara Boland with Ronald Sones. INSLAW. Inc.. - Insufficient dala to calculate. Prosecul~onof felony arrests. 1981, BJS, 1986. What are the most common reasons for rejection or dismissal? Guilty pleas on other charges are a major cause of dismissals Percent of cases dismissed because of - Many criminal cases are rejected or dis- Insuffi- Due Interest Plea on Referral Referral missed because of- Dismissed cient Witness process of ,another to for other * insufficient evidence that results Jurisdiction cases' evidence problems problems justice Icase diversion prosecution Other - ppp -. from a failure to find sufficient physical evidence that links the defendant to the Brighton, Colo. 430/0 Colorado Springs, 40 offense Col0. witness problems that arise, for Fort Collins, 41 example, when a witness fails to appear, Cob gives unclear or inconsistent statements, Golden. Colo. 38 is reluctant to testify, is unsure of the Greeley, Colo. 18 identity of the offender or where a prior Indianapolis. Ind. 2 1 relationship may exist between the Los Angeles. Calif. 2 victim/witness and offender Louisville, Ky. 5 the interests of justice, wherein the Manhattan. N.Y. 4 prosecutor decides not to prosecute New Orleans, La. 6 certain types of offenses, particularly Portland, Ore. 23 those that violate the letter but not the Pueblo, Colo. 43 spirit of the law (for example, offenses St. Louis. Mo. 10 involving insignificant amounts of prop- Salt Lake City, Utah 27 erty damage) San Diego, Calif. 18 due process problems that involve Washington, D.C. 9 violations of the Constitutional require- Note. D~sm~ssedcases in th~stable ~ncludediversons. ments for seizing evidence and for 'Excludes cases for wh~chreasons are unknown. Source: Barbara Boland with Ronald Sones, INSLAW, Inc.. -Insuff~cieni dala to calculate. Proseculion of felony arrests. 1981, BJS, 1986. questioning the accused a plea on another case, for example, when the accused is charged in several A prior relationship between The Fourth Amendment prohibits cases and the prosecutor agrees to victim and defendant is a major unreasonable searches and seizures drop one or more of the cases in cause of witness problems in the collection of evidence exchange for a plea of guilty on another case Williams found that problems with the Under the exclusionary rule, evidence * pretrial diwetsion that occurs when complaining witness accounted for 61% obtained in violation of the Fourth the prosecutor and the court agree to of the refusals to prosecute violent Amendment may not be used in crimi- drop charges when the accused suc- crimes by nonstrangers and 54% of the nal proceedings. Both the police and cessfully meets the conditions for diver- dismissals.* Conviction rates are com- prosecutors drop cases based on sion, such as completion of a treatment mensurately lower in such cases involv- what they find is improperly obtained program ing family acquaintances; Forst showed evidence. * referral for other prosecution, such that in New Orleans the conviction rate as when there are other offenses, perfor crimes by strangers was 48010, but In five jurisdictions studied, Boland haps of a more serious nature, in a only 30% for crimes by friends or found that drug cases were more likely different jurisdiction, or deferral to Fed- acquaintances and 19% for crimes by than other felonies to be rejected by eral prosecution. family members.3 prosecutors because of due process problems.

Report to the Nation on Crime and Justice 73 The Sixth Amendment of the Constitution provides the accused the right to be assisted by counsel

Supreme Court decisions in Gideon v. rn Assigned counsel systems involve Ad hoc systems represent about 75% of Wainwright (1963) and Argersinger v. the appointment by the courts of private all assigned counsel programs. The Hamlin (1972) established that the right attorneys as needed from a list of availa- others are part of a coordinated system to an attorney may not be frustrated by ble attorneys. There are two main types of indigent defense. Though such coun- lack of means. For both felonies and of assigned counsel systems: Ad hoc sel systems operate in almost two-thirds misdemeanors for which jail or prison assigned counsel systems in which of the counties, they predominate in can be the penalty, the State must pro- individual private attorneys are small counties with fewer than 50,000 vide an attorney to any accused person appointed by individual judges and pro- residents. who is indigent. vide representation on a case-by-case basis. Coordinated systems have an The institutional response to this Con- administrator who oversees the appoint- stitutional mandate is still evolving as ment of counsel and develops a set of States experiment with various ways to standards and guidelines for program provide legal counsel for indigent defen- administration; coordinated systems are dants. sometimes indistinguishable from public defender programs. A defendant is entitled to representation by counsel Contract systems involve government Contract systems are a relatively new at every critical step in the contracting with individual attorneys, bar way to provide defense services. They criminal justice process associations, or private law firms to pro- are found in small counties (less than vide services for a specified dollar 50,000) and very large ones. They vary The Sixth Amendment provides the right amount. County agencies are usually considerably in organization, funding, to counsel in criminal prosecution but responsible for the award of defender and size. In about a fourth of the coun- does not specify what steps or proceed- services contracts, and they are now ties reporting them, they serve as an ings are included. Through the years frequently awarded to individual practi- overflow for public defender offices and the Supreme Court has held that a tioners as opposed to law firms or other also represent codefendants in cases of defendant has the right to counsel at organized groups. conflict of interest. such critical steps as police interroga- tion, police lineup, preliminary hearing, Source: Robert L. Spangenberg et al. of Abt Associates, Inc.. BJS Nationalcriminal defense systems study. October 1986. and appeal, as well as probation and parole revocation proceedings.

Assigned counsel systems continue to dominate defender systems

About 60% of U.S. counties used assigned counsel in 1983 (down from 72% in 1973); 34%, public defenders; and 6010, contract attorneys.

74 Report to the Nation on Crime and Justice Each State adopts its own approach Standards and procedures vary Organization and funding to providing counsel for indigents for determining indigency of indigent defense programs also vary among the States Among the States- Estimates of indigency rates from the * Some provide counsel to all indigents national lndigent Defense Survey indi- Indigent defense- charged with a misdemeanor; other cate that more than 40% of all defen- * is completely funded in 18 States and States provide counsel only to those for dants charged with felonies are classi- the District of Columbia whom a jail or prison term is possible. fied as indigent even though the States partially funded in 22 States Some assess the cost of an attorney use different levels of income to deter- funded by the county, sometimes against the defendant and collect for it mine indigency. lndigency rates for assisted by municipalities, the Federal in installments after the trial; others pro- defendants charged with a misdemeanor Government, and private grants in I1 vide counsel completely free of charge. are much lower because the eligibility States. criteria for misdemeanants are more These options are often used in combi- restrictive in many States. In 33 States indigent defense services nation. are organized at the county level alone or in combination with a statewide sys- What type of indigent defense delivery system is used tem or with judicial districts; 13 States by the majority of counties in each State? have statewide organizations only; 4 States rely on judicial districts.

Case assignments to attorneys representing indigents usually are made within 48 hours of arrest

Traditionally, in many jurisdictions attorneys who provide indigent defense services were not appointed until formal arraignment. The time between arrest and arraignment may exceed 30 days in some counties. A third of all counties surveyed in the last national survey of public defense services reported that counsel was appointed within 1 day of arrest. More than half of all sample counties (58%) reported appointment within 48 hours of arrest.

Early representation is most likely to occur in counties serviced by public defenders; 39% of all public defender counties reported that representation was provided within 24 hours; 33% of counties served by assigned counsel Source: Robert L. Spangenberg et at. of Abt Associates, Inc.. and 120!0 of counties served by contract BJS National criminal defense systems sfudx October 1986. updated by the Spangenberg Group. March 198z systems reported similar representation.

Report to the Nation on Crime and Justice 75 Most defendants are eligible for release pending trial

The traditional objective of bail Both financial bonds and alternative release options are used today and other pretrial release options is to assure appearance at trial Financial bond Alternative release options

In medieval times the accused was Fully secured bail-The defendant Release on recognizance (R0R)-The bailed to a third party who would be posts the full amount of bail with the court releases the defendant on the tried in place of the accused if the court. promise that he or she will appear in accused failed to appear. As the system court as required. evolved, the guarantee became the Privately secured bail-A bondsman posting of a money bond that was for- signs a promissory note to the court for Conditional release-The court feited if the accused failed to appear. In the bail amount and charges the defen- releases the defendant subject to his or the United States the Eighth Amend- dant a fee for the service (usually 10% her following specific conditions set by ment states that bail shall not be exces- of the bail amount). If the defendant the court, such as attendance at drug sive, but it does not grant the right to fails to appear, the bondsman must pay treatment therapy or staying away from bail in all cases. The right to bail for the court the full amount. Frequently, the complaining witness. many offenses was established by Fed- the bondsman requires the defendant to eral and State laws early in our history. post collateral in addition to the fee. Third party custody-The defendant is released into the custody of an individ- The modern bail reform movement Deposit bail-The courts allow the ual or agency that promises to assure resulted in new release options defendant to deposit a percentage his or her appearance in court. No (usually 10%) of the full bail with the monetary transactions are involved in The movement was based on the belief court. The full amount of the bail is this type of release. that detaining the poor because they required if the defendant fails to appear. could not afford bail violated their right The percentage bail is returned after Citation release-Arrestees are against excessive bail. In the early disposition of the case, but the court released pending their first court 1960s seeking alternatives to the com- often retains 1% for administrative costs. appearance on a written order issued mercial bail bondsman, the Vera Insti- by law enforcement personnel. tute created the Manhattan bail project, Unsecured bail-The defendant pays which showed that defendants with no money to the court but is liable for community ties could be released with- the full amount of bail should he or she out bail and still return for trial at the fail to appear. same or better rates as those on money bail. Bail reform and other factors Of jail inmates for whom bail had been More than 300 pretrial service programs appear to have increased set, 94% could not afford the bond that now operate throughout the Nation.4 the number of people being had been set. They were mainly proba- These programs are responsible for released prior to trial tioners or parolees whose release had defining and screening a target popula- been revoked or persons charged with tion of offenders who can be released A 1976 study in 20 cities found that the offenses for which bail is not permitted. before trial as a means of preventing release rate had risen from 48% in unnecessary detention of persons 1962 to 67% in 1971.5 More recently, Most defendants are not detained unlikely to flee before trial and/or to Toborg found that 85% of the defen- prior to trial commit other crimes while on release. dants in her eight-site sample were released prior to trial. In Toborg's study, 85% of defendants in After the Federal Bail Reform Act of her eight-site sample were released 1966 many States passed laws that Most unconvicted jail inmates before trial. Some jurisdictions are much limited the role of bondsmen. Five have had bail set less likely than others to release defen- States (Kentucky, Oregon, Wisconsin, dants on nonfinancial conditions, but Nebraska, and Illinois) have eliminated Of 88,120 unconvicted jail inmates sur- the overall rate of release is similar. bail bonding for profit. Kentucky dealt veyed in 1983, 87% had bail set and Some jurisdictions detain a high propor- with both bondsmen and release pro- 13% had not had bail set. tion of defendants at the time of arraign- grams in 1976 when it banned bonds- ment, but eventually release most of men and set up a statewide system of pretrial services agencies.

76 Report to the Nation on Crime and Justice them before trial. According to Brosi, Many States have shown concern The enactment of State public the detention rate in Salt Lake City about the effect of pretrial release danger laws does not guarantee dropped from 41% at arraignment to on community safety their implementation between 10% and 12% before trial. Gaynes has noted that at the State level A recent study of pretrial crime in four Data from the Federal system show most changes in pretrial release prac- jurisdictions shows that pretrial hearings similar results in that less than 18% of tices prompted by concern over com- for defendants charged with rape, rob- all defendants charged are detained munity safety have been enacted within bery, or another felony while on bail prior to trial. the past decade, many since 1979. In resulted more often in the setting of 1982 voters in five States (Arizona, money bail than the use of any other How many released defendants California, Colorado, Florida, and Illinois) danger law provisions. Pretrial rearrest fail to appear in court? approved constitutional amendments rates for these defendants ranged from limiting the right to bail to assure com- 9% to 41%. Pryor and Smith found that- munity safety in pretrial release. lowa * Upwards of 85% of all defendants passed a public danger law in 1983 Danger laws in the Federal justice sys- released pending trial appeared for all and in 1984 the Federal Bail Reform Act tem appear to be invoked more readily court sessions. was passed. As of 1984, 32 States, the than in the States. Of the close to 1,500 People charged with the more serious District of Columbia, and the Federal detention hearings held in the first 12 offenses were more likely to appear. Government permitted judges to con- months after passage of bail reform Willful failure to appear where the sider danger to the community when laws in the Crime Control Act of 1984, defendant absconds or is returned by setting bail or other pretrial release con- 82% resulted in preventive detention. force did not exceed 4% of all released ditions. The use of these provisions defendants. varies widely from State to State.

How many of those released are rearrested prior to trial? About three-fifths of the States have one or more provisions to ensure community safety in pretrial release In Toborg's study of eight jurisdictions- Tvoe of orovision States that have enacted the orovision * 16% of all released defendants were Exclusion of certain crimes from Colorado, District of Columbia, Florida, Georgia, Michigan, rearrested; rates for individual jurisdic- automatic bail eligibility Nebraska, Wisconsin tions ranged from 8% to 22%. 30% of those rearrested were rear- Definition of the purpose of bail Alaska, Arizona. California, Delaware, District of Columbia, Florida, rested more than once. to ensure appearance and safety Hawaii, Minnesota, South Carolina, South Dakota, Vermont, Virginia, About half of those rearrested were Wisconsin later convicted. Inclusion of crime control Alabama. California. Florida, Georgia, Minnesota, South Dakota, factors in the release decision Wisconsin This is consistent with Pryor and Smith's Inclusion of release conditions Alaska, Arkansas, Colorado, Delaware, District of Columbia, Florida, analysis of release research that found related to crime control Hawaii, Illinois, lowa, Minnesota, New Mexico, North Carolina. South rearrest rates between 10% and 20% Carolina, South Dakota. Vermont. Virginia, Washington, Wisconsin with about half of those rearrested being convicted. Limitations on the right to bail Colorado, District of Columbia, Florida, Georgia, Hawaii, Indiana, for those previously convicted Michigan, New Mexico, Texas. Utah, Wisconsin

A study of pretrial misconduct in the Revocation of pretrial release Arizona, Arkansas, Colorado, District of Columbia, Georgia, Hawaii, Federal system indicates a relationship when there is evidence that the Illinois, Indiana, Maryland, Massachusetts, Michigan. Nevada, New between the length of time on bail and accused committed a new crime Mexico, New York, Rhode Island, Texas, Utah, Vermont, Wisconsin the likelihood of a rearrest, a failure to Limitations on the right to bail Arizona, Arkansas, Colorado, District of Columbia, Florida. Georgia, appear for a court date, andlor a viola- for crimes alleged to have been Illinois, Indiana, Maryland, Massachusetts, Michigan, Minnesota. tion of release conditions. The probabil- committed while on release Nevada, New Mexico, New York, Rhode Island, Tennessee, Texas, ity of misconduct was 10% for defen- Utah, Vermont, Wisconsin dants who were on bail for 90 days, Provisions for pretrial detention Arizona, Arkansas, California, Colorado, District of Columbia. 14% for defendants on bail for 180 to ensure safety Florida, Georgia, Hawaii, Illinois, Indiana, Maryland, Massachusetts, days, and 17% for defendants who were Michigan, Nebraska, Nevada, New Mexico. New York, Rhode free for 270 days. Island, South Dakota, Texas, Utah, Vermont, Virginia, Washington, Wisconsin

Source: Elizabeth Gaynes. Typology of Slale laws which per- updated from Public danger as a faclor in pretrial release: A mil consideral~onof danger in the pretrial release decision comparative analysls of Slate laws, Barbara Gottlieb, (Washington. Pretrial Services Resource Center, 1982) and Nat~onaiinstitute oi Justice. July 1985.

Report to the Nation on Crime and Justice 77 Cases involving juveniles are handled much differently than adult cases

The juvenile court and a separate Despite the wide discretion and infor- drug offenses, and property crimes. process for handling juveniles mality associated with juvenile court Other referral sources are most likely in resulted fmm reform movements proceedings, juveniles are protected by cases involving status offenses (truancy, of the late 19th century most of the due process safeguards ungovernability, and running away). associated with adult criminal trials. Until that time juveniles who committed "intake" is the first step in crimes were processed through the Most referrals to juvenile court the processing of juveniles criminal courts. In 1899 Illinois estab- are for property crimes, but lished the first juvenile court based on 17% are for status offenses At intake, decisions are made about the concepts that a juvenile was a sal- whether to begin formal proceedings. vageable human being who needed Reasons for referrals to juvenile courts Intake is most frequently performed by treatment rather than punishment and 11% Crimes against persons the juvenile court or an executive that the juvenile court was to protect the Criminal homicide 1% branch intake unit, but increasingly child from the stigma of criminal Forcible rape 2 prosecutors are becoming involved. In Robbery 17 addition to beginning formal court proceedings. Delinquency and other sit- Aggravated assault 20 uations such as neglect and adoption proceedings, officials at intake may refer Simple assault -59 were deemed to warrant the court's 100% the juvenile for psychiatric evaluation, intervention on the child's behalf. The informal probation, or counseling, or, if juvenile court also handled "status 46% Crimes against property appropriate, they may close the case offenses" (such as truancy, running Burglary 25% altogether. Larceny 47 away, and incorrigibility), which are not Motor vehicle theft 5 applicable to adults. Arson 1 For a case involving a juvenile Vandalism and trespassing 19 to pmceed to a court adjudication, Stolen property offenses 3 While the juvenile courts and the han- - the intake unit must file a petition dling of juveniles remain separated from 100% with the court criminal processing, the concepts on 5% Drug offenses 100% which they are based have changed. Intake units handle most cases infor- Today, juvenile courts usually consider 21% Offenses against public order mally without a petition. The National an element of personal responsibility Weapons offenses 6% Center for Juvenile Justice estimates Sex offenses 6 that more than half of all juvenile cases when making decisions about juvenile Drunkenness and disorderly offenders. conduct 23 disposed of at intake are handled infor- Contempt, probation, and mally without a petition and are dis- Juvenile courts may retain jurisdiction parole violations 21 missed and/or referred to a social serv- Other 44 until a juvenile becomes legally an adult - ice agency. (at age 21 or less in most States). This 100% limit sets a cap on the length of time 17% Status offenses Initial juvenile detention juveniles may be institutionalized that is Running away 28% decisions are usually made often much less than that for adults who Truancy and curfew violations 21 by the intake staff commit similar offenses. Some jurisdic- Ungovernability 28 Liquor violations 23 tions transfer the cases of juveniles - Prior to holding an adjudicatory hear- accused of serious offenses or with long 100% ing, juveniles may be released in the criminal histories to criminal court so 100% Total all offenses custody of their parents, put in protec- that the length of the sanction cannot tive custody (usually in foster homes or be abridged. Note: Percents may not add to 100 because of round~ng runaway shelters), or admitted to deten- Source: Delinquency in /he United Slates 1983, National tion facilities. In most States juveniles Juvenile courts are very different Center for Juvenile Justice, July 1986. are not eligible for bail, unlike adults. from criminal courts Arrest is not the only means of Relatively few juveniles The language used in juvenile courts is referring juveniles to the courts are detained prior less harsh. For example, juvenile to court appearance courts- While adults may begin criminal justice * accept "petitions" of 'tielinquency" processing only through arrest, sum- One juvenile case in five involved rather than criminal complaints mons, or citation, juveniles may be secure detention prior to adjudication in conduct "hearings," not trials referred to court by law enforcement 1983. Status offenders were least likely "adjudicate" juveniles to be "delin- agencies, parents, schools, victims, pro- to be detained. The proportion of status quent" rather than find them guilty of a bation officers, or other sources. offenders detained has declined from crime 40% in 1975 to 11% in 1983. order one of a number of available Law enforcement agencies refer three- '%lispositionsVrather than sentences. quarters of the juvenile cases, and they are most likely to be the referral source in cases involving curfew violations,

78 Report to the Nation on Crime and Justice The demand for law enforcement service varies among jurisdictions

Most counties have between 1 and 3 police officers per 1,000 residents

Number of law enforcement officers per 1,000 residents

Source: Cornpendrum of public ernployrnenl. Census of Governments, US Bureau of the Census, 1982

64 Report to the Nation on Crime and Justice Most counties have fewer than 5 police officers per 100 square miles

Number of law enforcement officers per I00 square miles

Source: Compendium of public employmenl. Census of Governments, US Bureau of the Census, 1982.

Report to the Nation on Crime and Justice 65 Private security plays an important role in crime control

66 Report to the Nation on Crime and Justice --a%r=zm -_____ Most criminal cases are initiated by arrest

Report to the Nation on Crime and Justice 67 For most crimes, no one is apprehended

For every five offenses reported to police. . .

Source: FBI Uniform Cr~meReports. 1984.

Source. FBI Crime in the Uniled Slates. 1985.

68 Report to the Nation on Crime and Justice . . .there is approximately one arrest

. . Number of UCR lndex arrests per 1,000 populat~on Oto4 4t08 8to12 nnn 0Annual data mcomplete Source: FBI Uniform Crime Reports, 1984

70 Report to the Nation on Crime and Justice Section 3. Prosecution and pretrial services

The prosecutor provides the link between the law enforcement and adjudicatory processes

72 Report to the Nation on Crime and Justice Why are some cases rejected or dismissed?

Report to the Nation on Crime and Justice 73 The Sixth Amendment of the Constitution provides the accused the right to be assisted by counsel

The defense attorney's function Who defends indigents? is to protect the defendant's legal rights and to be the defendant's Public defender programs are public Local public defenders operate autono- advocate in the adversary process or private nonprofit organizations with mously in 32 States and the District of full- or part-time salaried staff. Within the Columbia, and 15 States have a State- Defendants have the right to defend public defender classification, there are administered system. Public defender themselves, but most prefer to be two categories-statewide and local. systems are the dominant form in 43 of represented by a specialist in the law. Under statewide systems, one person, the 50 largest counties and, overall, Relatively few members of the legal designated by statutes of the State as serve 68% of the Nation's population. profession specialize in criminal law, but the public defender, is charged with lawyers who normally handle other developing and maintaining a system of types of legal matters may take criminal representation for each county in the cases. State. Often a governing board shares responsibility for program operation. By The right to the assistance contrast, most local public defenders of counsel is more than the right operate autonomously and do not have to hire a lawyer a central administrator. Supreme Court decisions in Gideon v. .Assigned counsel systems involve Ad hoc systems represent about 75% of Wainwright (1963) and Argersinger v. the appointment by the courts of private all assigned counsel programs. The Hamlin (1972) established that the right attorneys as needed from a list of availa- others are part of a coordinated system to an attorney may not be frustrated by ble attorneys. There are two main types of indigent defense. Though such coun- lack of means. For both felonies and of assigned counsel systems: Ad hoc sel systems operate in almost two-thirds misdemeanors for which jail or prison assigned counsel systems in which of the counties, they predominate in can be the penalty, the State must pro- individual private attorneys are small counties with fewer than 50,000 vide an attorney to any accused person appointed by individual judges and pro- residents. who is indigent. vide representation on a case-by-case basis. Coordinated systems have an The institutional response to this Con- administrator who oversees the appoint- stitutional mandate is still evolving as ment of counsel and develops a set of States experiment with various ways to standards and guidelines for program provide legal counsel for indigent defen- administration; coordinated systems are dants. sometimes indistinguishable from public defender programs. A defendant is entitled to representation by counsel Contract systems involve government Contract systems are a relatively new at every critical step in the contracting with individual attorneys, bar way to provide defense services. They criminal justice process associations, or private law firms to pro- are found in small counties (less than vide services for a specified dollar 50,000) and very large ones. They vary The Sixth Amendment provides the right amount. County agencies are usually considerably in organization, funding, to counsel in criminal prosecution but responsible for the award of defender and size. In about a fourth of the coun- does not specify what steps or proceed- services contracts, and they are now ties reporting them, they serve as an ings are included. Through the years frequently awarded to individual practi- overflow for public defender offices and the Supreme Court has held that a tioners as opposed to law firms or other also represent codefendants in cases of defendant has the right to counsel at organized groups. conflict of interest. such critical steps as police interroga- tion, police lineup, preliminary hearing, Source: Robert L. Spangenberg et al. of Abt Associates, Inc.. BJS Nationalcriminal defense systems study. October 1986. and appeal, as well as probation and parole revocation proceedings.

Assigned counsel systems continue to dominate defender systems

About 60% of U.S. counties used assigned counsel in 1983 (down from 72% in 1973); 34%, public defenders; and 6010, contract attorneys.

Case assignments to attorneys representing indigents usually are made within 48 hours of arrest

Report to the Nation on Crime and Justice 75 Most defendants are eligible for release pending trial

Report to the Nation on Crime and Justice 77 Cases involving juveniles are handled much differently than adult cases

78 Report to the Nation on Crime and Justice Under certain circumstances, juveniles may be tried in criminal courts

Age at which criminal courts tion over juveniles charged with traffic A small proportion of juvenile cases gain jurisdiction of young violations. Georgia, Nebraska, and Wyo- are referred to criminal court offenders ranges from 16 to 19 ming have concurrent criminal jurisdiction statutes. Recent studies found that most juveniles Age of offender referred to criminal court were age 17 when under criminal court As of 1987, 36 States excluded and were charged with property jurisdiction States certain offenses from juvenile offenses. However, juveniles charged court jurisdictions with violent offenses or with serious 16 years Connecticut, New York, prior offense histories were more likely North Carolina Eighteen States excluded only traffic, to be adjudicated in criminal court. 17 Georgia, Illinois, Louisiana, watercraft, fish, or game violations. Waiver of juveniles to criminal court is Massachusetts, Missouri, Another 13 States excluded serious less likely where court jurisdiction South Carolina, Texas offenses; the other 5 excluded serious extends for several years beyond the offenses and some minor offenses. The juvenile's 18th birthday. Alabama, Alaska. Arizona. Arkansas, California, Colorado, serious offenses most often excluded Delaware, District of Columbia, are capital crimes such as murder, but Juveniles tried as adults have Florida, Hawaii, Idaho, Indiana, several States exclude juveniles previ- a very high conviction rate, lowa, Kansas, Kentucky, Maine, ously convicted in criminal courts. but most receive sentences Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, of probation or fines Nevada, New Hampshire, 48 States, the District of New Jersey, New Mexico. Columbia, and the Federal More than 90% of the judicial waiver or North Dakota, Ohio, Oklahoma, Government have judicial concurrent jurisdiction cases in Hampar- Oregon, Pennsylvania, Rhode Island, South Dakota, waiver provisions ian's study resulted in guilty verdicts, Tennessee. Utah, Vermont, and more than half the convictions led Virginia, Washington, Youngest age at to fines or probation. Sentences to pro- which juvenile West Virginia, Wisconsin, bation often occur because the criminal Federal districts may be transferred to criminal court courts view juveniles as first offenders 19 Wyoming by judicial waiver States regardless of their prior juvenile record. Source: "Upper age of juvenile court jurisdiction statutes However, serious violent juvenile analysis:' Linda A. Szyrnanski, National Center for Juvenile No specific age Alaska, Arizona, Arkansas, offenders are more likely to be institu- Justice, March 1987. Delaware, Florida, Indiana, Kentucky, Maine, Maryland, tionalized. In a study of 12 jurisdictions New Hampshire, New Jersey, with Habitual Serious or Violent Juvenile All States allow juveniles to be Oklahoma, South Dakota, Offender Programs, 63% of those con- tried as adults in criminal courts West Virginia, Wyoming, Fed- victed were sentenced to prison and eral districts 14% to jail. The average prison sen- Juveniles are referred to criminal courts 10 years Vermont tence was 6.8 years. in one of three ways- * Concurrent jurisdiction-the prose- 12 Montana Correctional activities cutor has the discretion of filing charges 13 Georgia, Illinois, Mississippi for juveniles tried as adults for certain offenses in either juvenile or in most States occur within criminal courts 14 Alabama, Colorado, the criminal justice system Excluded offenses-the legislature Connecticut, Idaho, lowa, excludes from juvenile court jurisdiction Massachusetts. Minnesota, In 1978, in more than half the States, certain offenses usually either very Missouri, North Carolina, North Dakota, Pennsylvania, youths convicted as adults and given an minor, such as traffic or fishing viola- South Carolina, Tennessee. incarcerative sentence could only be tions, or very serious, such as murder Utah placed in adult corrections facilities. In or rape 18 jurisdictions, youths convicted as Judicial waiver-the juvenile court District of Columbia, Louisiana, Michigan, New adults could be placed in either adult or waives its jurisdiction and transfers the Mexico, Ohio, Oregon, Texas, juvenile corrections facilities, but some- case to criminal court (the procedure is Virginia times this discretion was limited by spe- also known as "binding over" or "certify- cial circumstances. Only 6 jurisdictions ing" juvenile cases to criminal courts). California, Hawaii, Kansas, Nevada. Rhode Island. restricted placements of juveniles con- Washington, Wisconsin victed as adults to State juvenile correc: 12 States authorize prosecutors Note Many judicial waiver statutes also specify offenses that tions institutions. Generally, youths sen- to file cases in the juvenile or are waivable. Thls chart lisls the Slates by the youngest age tenced in this manner will be transferred criminal courts at their discretion for which judicial waiver may be sought without regard to offense. to adult facilities to serve the remainder of their sentence on reaching majority. This procedure, known as concurrent Source: "Waiveritransfericeriificationoi juveniles to criminal court: Age restrictions: Crime restrictions:' Linda A. jurisdiction, may be limited to certain Szyrnanski, National Center for Juvenlle Justice, February offenses or to juveniles of a certain age. 1987. Four States provide concurrent jurisdic-

Report to the Nation on Crime and Justice 79 Basic sources Hamparian, Donna M., Linda K. Estep, Susan M. Muntean, Ramon R. Prestino, U.S. Department of Justice Robert G. Swisher, Paul L. Wallace, and Bureau of Justice Statistics: Joseph L. White, Youth in adult courts: Between two worlds (Columbus, Ohio: The BJS Bulletin- Academy for Contemporary Problems, 1982) Jail inmates, 7983, NCJ-99175, November 1985 Jacoby, Joan E., The American prosecutor: A search for identity (Lexington, Mass.: Lexing- BJS Special Reports- ton Books, 1980) Criminal defense systems: A national survey, NCJ-94630, August 1984 Johnson, Elmer H., Crime, correction and Pretrial release and misconduct: Federal society, 3rd edition (Homewood, Ill.: The Dor- offenses and offenders, NCJ-96132, sey Press, 1974) January 1985 Nissman, David M., and Ed Hagen, The BJS Reports- prosecution function (Lexington, Mass.: Lex- Boland, Barbara, with Ronald Sones, ington Books, 1982) INSLAW, Inc., Prosecution of felony arrests, Pryor, Donald E., and Walter F. Smith, "Sig- 7981, NCJ-101380, September 1986 nificant research findings concerning pretrial State court organization 1980, release:' Pretrial issues (Washington: Pretrial NCJ-76711, Mav 1982 Services Resource Center, February 1982) Spangenberg, ~obertL., et al. of Abt 4(1) Associates, Inc., National criminal Reed, Sue Titus, Crime and criminology, 4th defense systems study, NCJ-94702, edition (New York: CBS College Publishing, September 1986 1985) National Institute of Justice: Rossum, Ralph A,, The politics of the crimi- Emerson, Deborah, Grand jury reform: nal justice system (New York: Marcel Dekker, A review of key issues, NCJ-87645, Inc., 1978) January 1983 Szymanski, Linda A,. "Concurrent jurisdiction Emerson, D., and N. Ames, The role of the statutes found in State juvenile codes" (Pitts- grand jury and the preliminary hearing in burgh: National Center for Juvenile Justice, pretrial screening, GPO-01230-2, May 1984 June 1987) Gottlieb, Barbara, Public danger as a factor Szymanski, Linda A,, "Statutory exclusion of in pretrial release: A comparative analysis crimes from juvenile court jurisdiction" (Pitts- of State laws, GPO-01245-1, July 1985 burgh: National Center for Juvenile Justice, Jacoby, Joan, Pretrial screening projects, February 1987) January 1976 McDonald, William F., Police-prosecutor Szymanski, Linda A,, "Upper age of juvenile relations in the United States, executive courts jurisdiction statutes analysis" (Pitts- summary, NCJ-77829, July 1982 burgh: National Center for Juvenile Justice, 'The effects of the exclusionary rule: A study March 1987) in California:' Criminal Justice Research Toborg, M. A,, et al., Public danger as a fac- Report, GPO-01187-0, December 1982 tor in pretrial release, draft report, February Toborg, M. A,, Pretrial release: A national 1986 evaluation of practice and outcomes, 1981 Whitcomb, Debra, Bonnie F! Lewin, and Notes Margaret J. Levine, Citation release, Issues lBJS Justice agencies in the United States and practices, March 1984 1986, forthcoming. Other sources 2K. M. Williams, The role of the victim in the prosecution of violent crimes (Washington: Brosi, Kathleen B., A cross-city comparison Institute for Law and Social Research, 1978). of felony case processing (Washington: Insti- tute for Law and Social Research, April 1979) 3Arrest convictability as a measure of police performance, final report (Washington: Insti- Delinquency in the United States 7983 (Pitts- tute for Law and Social Research, 1980). burgh: National Center for Juvenile Justice, July 1986) 4"Pretrial program directory" (Washington: National Association of Pretrial Services Gaynes, Elizabeth, Topology of State laws Agencies, July 1986). which permit the consideration of danger in the pretrial release decision (Washington: 5Wayne Thomas, Bail reform in America, Pretrial Services Resource Center, May 1982) (Berkeley, Calif.: University of California Press, 1976). Gettinger, Stephen, "Has the bail reform movement stalled?" Corrections magazine (February 1980), 4 (1):26-35

80 Report to the Nation on Crime and Justice Section 4. Adjudication

The courts participate in and supervise the judicial process

The courts have several functions Courts at various levels of government interact in many ways in addition to deciding whether laws have been violated

United States The courts- * Supreme Court - * settle disputes between legal entities 9 Justices (persons, corporations, etc.) t invoke sanctions against law violations By writ of certiorari BY writ of certiorari decide whether acts of the legis- U.S. Court of Appeals lative and executive branches are for Federal Circuit U.S. courts of appeal constitutional. (formerly Court of 12 circuits Customs and Patent Appeals) In deciding about violations of the law t By right of appeal the courts must apply the law to the By right bf appeal By right 'of appeal facts of each case. The courts affect I policy in deciding individual cases by handing down decisions about how the U.S. district courts U.S. Claims Court laws should be interpreted and carried (basic Federal Certain admlnlstratlve trial courts) out. Decisions of the appellate courts Deals with claims / I are the ones most likely to have policy against the United Jurisdiction based Federal Trade Commission, impact. States on Federal questions National Labor Relations or diversity of Board, etc. citizenship Using an arm of the State Usually by writ of to settle disputes is a relatively certiorari when Federal new concept By removal: questions involved - also a very limited A case may be right of appeal from Until the Middle Ages disputes between removed by a highest State court defendant from to U.S. Supreme Court individuals, clans, and families, including State trial court those involving criminal acts, were han- to U.S. district dled privately. Over time, acts such as court if the State judicial system plaintiff could have murder, rape, robbery, larceny, and brought the case fraud came to be regarded as crimes originally in Federal court. State Supreme Court against the entire community, and the Removal, however, must take place State intervened on its behalf. Today in Highest State appellate court - before trial Some States call it Supreme Court, the United States the courts handle begins. Supreme Court of Errors. Court of both civil actions (disputes between Appeals, Supreme Judicial Court, individuals or organizations) and crimi- or Supreme Court of Appeals nal actions. t Generally by right of appeal An independent judiciary is a basic concept of the I intermediate appellate courts I I I US. system of government Close to half the States have intermediate appellate courts To establish its independence and f impartiality, the judiciary was created as By right of appeal a separate branch of government co- equal to the executive and the legisla- ISuperior court ( tive branches, Insulation of the courts This is the basic State trial court. Some States call it from political pressure is attempted Circuit Court, Court of Common Pleas, and, in New York. through- Supreme Court. These courts are sometimes divided into specialty areas such as probate, juvenile court, and * the separation of powers doctrine domestic relations. established tenure for judges legislative safeguards the canons of legal ethics. New trial New trial New trial III Deal with Courts are without the power of enforce- Police courts county courts ment. The executive branch must government enforce their decisions. Furthermore, the All of these lower courts have limited courts must request that the legislature jurisdiction in both civil and criminal cases provide them with the resources needed Updated and reprinted by permission from The American Legal Environmenl to conduct their business. by William T. Schantz. Copyright O 1976 by West Publishing Company. All rights reserved.

Report to the Nation on Crime and Justice 81 Each State has a system were for embezzlement, fraud, forgery Civil and criminal cases both appear to of trial and appeals courts and counterfeiting, traffic, or drug be increasing. Of 39 States that offenses. reported civil filings for 1978 and 1983, Generally, State court systems are 32 had increases. Of the 36 States that organized according to three basic Court organization varies greatly reported criminal filings for both years, levels of jurisdiction: among the States 33 showed an increase in the volume of criminal filings. Courts of limited and special juris- State courts of general jurisdiction are diction are authorized to hear only less organized by districts, counties, dual In the 24 States that could report, felony serious cases (misdemeanors andlor districts, or a combination of counties filings comprised from 5% to 32% of civil suits that involve small amounts of and districts. In some States the courts total criminal filings with a median of money) or to hear special types of established by the State are funded and 9%. cases such as divorce or probate suits. controlled locally. In others the court of Such courts include traffic courts, muni- last resort may have some budgetary or Victims and witnesses are taking cipal courts, family courts, small claims administrative oversight over the entire a more significant part in the courts, magistrate courts, and probate State court system. Even within States prosecution of felons courts. there is considerable lack of uniformity in the roles, organization, and proce- Recent attention to crime victims has Courts of general jurisdiction, also dures of the courts. This has led to sig- spurred the development of legislation called major trial courts, are unlimited in nificant momentum among States to and services that are more responsive the civil or criminal cases they are form "unified" court systems to provide to victims. authorized to hear. Almost all cases in varying degrees, for uniform adminis- 8 Some States have raised witness fees originate in the courts of limited or spe- tration of the courts, and, in many from $5-10 per day in trial to $20-30 cial jurisdiction or in courts of general cases, for the consolidation of diverse per day, established procedures for vic- jurisdiction. Most serious criminal cases courts of limited and special jurisdiction. tim and witness notification of court are handled by courts of general juris- proceedings, and guaranteed the right diction. Most felony cases are brought to speedy disposition of cases in State and local courts 9 States and the Federal Government Appellate courts are divided into two have comprehensive bills of rights for groups, intermediate appeals courts, The traditional criminal offenses under victims which hear some or all appeals that are the English common law have been 39 States and the Federal Govern- subject to review by the court of last adopted, in one form or another, in the ment have laws or guidelines requiring resort, and courts of last resort, which criminal laws of each of the States. Most that victims and witnesses be notified of have jurisdiction over final appeals from cases involving 'kommon law" crimes the scheduling and cancellation of courts of original jurisdiction, intermedi- are brought to trial in State or local criminal proceedings ate appeals courts, or administrative courts. Persons charged with mis- 33 States and the Federal Govern- agencies. As of 1985, 36 States had demeanors are usually tried in courts of ment allow victims to participate in intermediate appellate courts, but all limited jurisdiction. Those charged with criminal proceedings via oral or written States had courts of last resort. felonies (more serious crimes) are tried testimony. in courts of general jurisdiction. The U.S. Constitution created The separate system of justice the U.S. Supreme Court and In all States criminal defendants may for juveniles often operates within authorized the Congress to appeal most decisions of criminal courts the existing court organization establish lower courts as needed of limited jurisdiction; the avenue of appeal usually ends with the State Jurisdiction over juvenile delinquency, The Federal court system now consists supreme court. However, the US. dependent or neglected children, and of various special courts, US. district Supreme Court may elect to hear the related matters is vested in various courts (general jurisdiction courts), US. case if the appeal is based on an types of courts. In many States the juve- courts of appeals (intermediate appel- alleged violation of the Constitutional nile court is a division of the court of late courts that receive appeals from the rights of the defendant. general jurisdiction. A few States have district courts and Federal administrative statewide systems of juvenile or family agencies), and the US. Supreme Court State courts process a large volume courts. Juvenile jurisdiction is vested in (the court of last resort). Organized on a of cases, many of them minor the courts of general jurisdiction in regional basis are US. courts of some counties and in separate juvenile appeals for each of 11 circuits and the In 1983, 46 States and the District of courts or courts of limited jurisdiction in District of Columbia. In Federal trial Columbia reported more than 80 million others. courts (the 94 US. district courts) more cases filed in State and local courts. than 300,000 cases were filed in 1985; About 70% were traffic-related cases, there was one criminal case for every 16% were civil cases (torts, contracts, seven civil cases. In 1985 more than small claims, etc.), 13% were criminal half the criminal cases in district courts cases, and 1% were juvenile cases.

82 Report to the Nation on Crime and Justice Most cases that are prosecuted result in convictions

Most cases brought by a prosecutor Sometimes guilty pleas are traded A major reform has been result in a plea of guilty explicitly for a less severe charge or to increase the responsibility sentence, but they also result from a of judges for ensuring fairness % of cases defendant's straightforward admission of resulting Number in plea negotiations in a plea of cases guilt. This may stem from a hope or Jurisdiction of guilty filed impression that such a plea will be When someone pleads guilty, the judge rewarded by a lighter sentence or from does not examine the strength of the Los Angeles, Calif 82010 a concern that a trial will reveal damag- case against the defendant but does try San Diego, Calif. 73 ing evidence. to determine if unfair coercion was used New Orleans, La. 73 Dallas, Tex. 72 to induce a plea. The predominance of guilty pleas is not Miami. Fla. 70 new in the criminal justice system. A The right to trial by jury is the right most Seattle, Wash. 68 study in Connecticut covering 75 years often explained in open court to a Lansing, Mich 68 Denver, Colo. 68 (1880 to 1954) concludes that between defendant pleading guilty. McDonald Greeley, Colo. 66 1880 and 1910 10% of all convictions reports that about 32% of the time the were obtained by trial.1 Boland's recent defendant was asked if promises other Minneapolis, Minn 66 study of prosecution data from 37 juris- than the plea agreement had been Des Moines, lowa 64 Manhattan, N.Y. 63 dictions shows the proportion of guilty made; 55% of the time defendants were St. Louis, Mo. 63 pleas ranging from 26% to 82% of all asked if any threats or pressures had Fort Collins, Colo. 63 arrests filed. caused them to plead guilty. Judges rejected 2% of the guilty pleas they Portland. Ore. 62 Salt Lake City, Utah 61 Many guilty pleas in felony court considered. Davenport, lowa 60 are to the highest charge filed Golden, Colo. 58 Some jurisdictions have adopted Geneva. Ill. 58 Percent an anti-plea-bargaining policy pled to Brighton, Colo. 57 Jurisdiction top charge Pueblo, Colo. 56 Prohibitions against plea bargaining Rhode Island 55 Indianapolis, Ind. 87% have been adopted in Alaska; New Colorado Springs. Colo. 50 Des Moines, Iowa 84 Orleans, Louisiana; El Paso, Texas; Tallahassee, Fla. 50 Kalamazoo, Mich. 84 Blackhawk County, lowa; Maricopa New Orleans, La. 83 Washington, D.C. 47 County, Arizona; Oakland County, Michi- Chicago, Ill. 41 Rhode Island 79 gan; and Multnomah County, Oregon. Cobb County, Ga. 38 St. Louis, Mo. 79 These prohibitions range in coverage Philadelphia, Pa. 26 Kansas City, Kans. 76 from all felonies to only those that Louisville, Ky. 76 Note: Lower plea rates may reflect more reliance on other involve individuals charged under disposition options such as diversion programs, bench (court) trials, and jury trials. Portland, Oreg. 75 habitual offender laws or with high- Los Angeles. Calif. 71 impact crimes. Many other jurisdictions Source: Barbara Boland with Ronald Sones. INSLAW, Inc.. Washington, D.C. 58 Prosecution of felony arrests, 1981. BJS, September 1986 have plea negotiation guidelines for Salt Lake City, Utah 44 prosecutors. Evaluations of Alaska's Guilty pleas are the most common Lansing, Mich. policy have shown that explicit plea bar- disposition of a felony case Manhattan, NY, gaining has gradually disappeared. Detroit, Mich. McDonald found that by eliminating or Golden, Colo. McDonald says that a negotiated plea severely restricting plea bargaining, Source: Barbara Boland with Ronald Sones, INSLAW, Inc.. prosecutors had influenced judges occurs when a defendant pleads guilty Prosecut~onof felony arrests. 1981, BJS, 1986. with a reasonable expectation that the toward greater leniency at sentencing. State will give some consideration, such as reduction in the number or severity of the charges andlor a more lenient sentence, in exchange for the plea.

Report to the Nation on Crime and Justice 83 Jurv trials are a small percentage Most felony cases that reach trial Most cases that go to trial in the of cases filed are tried before a jury felony court result in conviction

010 of A person accused of a crime is guaran- The conviction rate at trial varies by cases filed Number jurisdiction because of- resulting of cases teed a trial by jury. However, the Jurisdiction in jury trial filed accused may waive the right to trial by * differences in screening policy jury and be tried by a judge who serves * pleas in strong cases resulting in a Seattle, Wash. 15% 3,126 as finder of fact and determines issues relativelv weaker mix of cases going to New Orleans, La. 10 3,659 of law. Such trials are called bench trial. Washington, D.C. 9 8,442 Des Moines, lowa 8 1,401 trials. Brosi showed that in four of five jurisdictions studied, bench trials made Percent of jury Lansing. Mich. 7 1,358 up a third to almost half of the trials. trials resulting Cases Jurisdiction in conviction Portland, Oreg. 7 3,892 -tried Denver, Colo. 6 3,772 18 States and the District Minneapolis. Minn. 6 2,364 Dallas, Tex. 732 of Columbia require a unanimous Portland. Oreg. 262 St. Louis, Mo. 6 3.649 verdict in all trials San Diego, Calif. Dallas, Tex. 5 14,784 286 Salt Lake City, Utah 5 2,745 Chicago, Ill. 623 Brighton, Colo. 4 1,142 Currently, 45 States require unanimity in Dedham, Mass. 17 criminal verdicts, but 29 of these States Colorado Springs, Colo. 4 1,484 do not require unanimity in civil verdicts. Cobb County, Ga. 69 Philadelphia, Pa. 4 13,796 Five States (Louisiana, Montana, Okla- Golden. Colo. 42 Tallahassee. Fla. 4 2,879 Montgomery Co.. Md. 163 Davenport, lowa 3 1,312 homa, Oregon, and Texas) do not require unanimous verdicts in criminal Washington, D.C. 591 Los Angeles. Calif. Fort Collins, Colo. 3 776 or civil trials. 1.177 Geneva, Ill. 3 1,263 Manhattan, NY 3 30,810 Manhattan, N.Y. 834 Rhode Island 3 5.485 The proportion of jury votes needed to Salt Lake City, Utah 134 convict varies among jurisdictions that Tallahassee. Fla. 119 San Diego, Calif. 3 11,534 do not require unanimity, ranging from St. Louis, Mo. 204 Chicago, Ill. 2 35.528 two-thirds in Montana to five-sixths in Seattle, Wash. 478 Cobb County, Ga 2 4,427 Golden. Colo. 2 1,838 Oregon. Louisville. Ky. 249 Greeley, Colo 2 630 All States require unanimity in capital Philadelphia, Pa. 554 Buffalo. N.Y. Miami. Fla. 2 21,413 cases, and the U.S. Supreme Court 138 Pueblo, Colo. 1 339 Kansas City, Mo. I65 does not permit a criminal finding of Boston. Mass. 250 Jurisdiction guilt by less than a six-person majority. median 5% Thus, a six-person jury must always be Indianapolis. Ind. 96 Source: Barbara Boland with Ronald Sones. INSLAW, Inc., unanimous in a criminal finding of guilty. Lansing, Mich. 64 Prosecution of felony arrests, 1981. BJS, 1986. Kalamazoo, Mich 62 New Orleans, La. 353 The more serious the charge the greater the likelihood of trial Detroit, Mich. 669 I Rhode Island 166 Percent of indicted cases that went to trial Jurisdiction Violent offenses Property offenses median Sexual Drug Jurisdiction Homicide assault Robbery Burglary Larceny offenses Source: Barbara Boland wilh Ronald Sones. INSLAW, Inc., ------Proseculion of felony arrests. 1981. BJS, 1986.

Indianapolis. Ind. Los Angeles, Calif. Louisville, Ky. Manhattan, N.Y. New Orleans, La.

Rhode Island St. Louis, Mo. Salt Lake City, Utah San Diego, Calif. Washington, D.C.

Source: Barbara Boland w~thRonald Sones. INSLAW, Inc., Prosecution of felony arresls. 1981, BJS. 1986

84 Report to the Nation on Crime and Justice The Sixth Amendment guarantees the right of a defendant to a speedy trial

Concern about court delay National standards recommend is not new speedy hearings in juvenile courts Most States have speedy trial sstrictions for defendants As early as 1818 the Massachusetts National standard-setting organizations lot in custody legislature adopted a system to ease generally agree on the need for speedy court congestion and delay.2 Yet, what hearings in juvenile courts, particularly jtates that restrict ime from arrest Time constitutes unreasonable delay in crimi- for alleged delinquents being held in o trial limit nal proceedings has been difficult to detention. define. In Baker v. Wingo (1972), the California 75 days US. Supreme Court set down four fac- It is widely recommended that- Nevada 75 tors to be weighed in determining * detention hearings take place within Alaska 120 whkther a defendant had been denied 24 to 48 hours of arrest, with periodic North Carolina 120 Texas 120 the right to a speedy trial: reviews every 7 to 10 days length of the delay the same time restrictions be placed Iowa reason for the delay on intake departments to finish their Arizona whether the defendant was responsi- investigations and to make their recom- Illinois Florida ble for the delay mendations for juveniles held in Hawaii whether delay prejudiced the case of detention. the defendant. New Mexico For nondetained juveniles- New York Pennsylvania Most criminal cases are disposed * intake officials are to make recommen- Ohio of in 6 months or less, except in dations within 30 days Idaho chronically delayed State courts initial hearings should be held within 3 to 5 days of filing the petition. Louisiana 360 Total court disposition Indiana 365 time in criminal cases Massachusetts 365 State and Federal laws Arkansas 3 terms of court Percent safeguard the defendant's right Oklahoma 4 of cases Utah 4 Time to requiring to a speedy trial process 50% more than States that restrict time of cases 180 days "Speedy trial laws" attempt to give preci- rom indictment to trial sion to the guarantee of a speedy trial Portland. Oreg. 62 days 3% by introducing quantitative measures of Minnesota 60 days Phoenix. Ariz. 64 11 unacceptable delay. Wisconsin 90 Detroit Rec. Ct.. Mich. 69 17 Washington lo4 New Orleans. La. 73 16 Wyoming 120 The Federal Speedy Trial Act of 1974, Colorado 180 Oakland, Calif. 81 29 amended in 1979, specifies time stan- Minneapolis. Minn. 84 13 dards for each stage in the Federal Maryland Dayton, Ohio 88 17 Montana San Diego, Calif. 89 12 court process. Thirty days are allowed Nebraska from arrest to filing of an indictment or Kansas Wayne County, Mich. 96 22 an information; 70 days are allowed Missouri Miami, Fla. 108 27 between information or indictment and Wichita, Kans. 116 17 Mississippi 270 Cleveland, Ohio 123 29 trial. Certain time periods, such as Virginia 270 defense-requested continuances, are Georgia 2 terms of court Pittsburgh. Pa. 135 27 not counted. If case-processing time West Virginia 3 Providence, R.I. 197 54 exceeds the limit, the case may be dis- Jersey City, N.J. 213 53 States that restrict "unreasonable delay" Bronx, N.Y. 21 8 56 missed. Newark, N.J. 253 65 Delaware Oregon Source: B. Mahoney et al., Implemenl~ngdelay reduclion Some States have laws modeled on the District of Columbia Rhode Island and delay prevenbon: Programs in urban Irral courts. Federal law and the speedy trial stan- Kentucky South Dakota National Center for State Courts, 1985. dards of the American Bar Association. Maine Tennessee These laws differ somewhat on such New Jersey Vermont North Dakota Cases resulting in trials generally matters as the kinds of events that do take longer than ones that end Note: States without restrictions include Alabama. Con- not count as elapsed time, but the necticut, M~chigan.New Hampshire, and South Caro- in dismissals or guilty pleas major difference among them is in the lina. amount of time they allow between Source: Barbara Boland wlth Ronald Sones. In 12 jurisdictions studied by Boland, arrest and trial. Many speedy trial provi- INSLAW. Inc.. The prosecution of felony most felony cases were disposed of sions set shorter time limits for the dis- arrests. 1981. BJS. 1986. within 4 months from arrest. On aver- position of cases if the defendant is age, cases that went to trial took more being detained. than 7 months.

Report to the Nation on Crime and Justice 85 Defendants are entitled to trial by a jury of their peers

All States require 12-member juries in capital cases; 6 States permit less than 12-member juries in felony trials

,. - , -.&-- - Jury size

Source: National Center for State Courts. Center for Jury Stud~es,December 1986.

Names of prospective jurors An estimated 15% of American Innovations have eased the burden are selected from lists intended adults have ever been of being a juror to make jury pools representative called for jury duty of the community 27 States have at least one jurisdiction According to the Center for Jury where a juror is called on for only 1 day In 16 States the voter registration list is Studies, the limited number of adults to be available to sit in a single trial. the sole source of names for jury serv- who have served as jurors results from The District of Columbia has this same ice. Maine; Las Vegas, Nevada; and 62 such factors as- system. Only if selected for a trial would of Alabama's 67 counties use the the age limits on prospective jurors a juror serve more than 1 day, until driver's license list as the sole source of set by many States again randomly selected for jury serv- jury coverage. The use of merged voter the use of voter registration lists that ice. It has been estimated that 11% of and driver's license lists is either permit- represent only a portion of eligible the U.S. population resides in one ted or required by 25 States and the voters (67% at the 1980 Presidential daylone-trial jurisdictions. District of Columbia. election) replacement of names of jurors into Courts in 50 States (including all Most States have statutory the jury pool at too frequent intervals courts in 2 States) use a juror call-in exemptions from jury service the number of exemptions to service system. In these States jurors can dial a permitted by law or granted by the number to learn whether their atten- The most common statutory exemptions court. dance is needed on a particular day are for undue hardship or public neces- during their term of service. sity, for personal bad health, or for per- The maximum period of service sons serving as judicial officers. Many required of a juror varies by State All States and the Federal States also exempt specific occupations Government pay trial jurors such as attorneys, doctors, dentists, 6 States (Alabama, Florida, Louisiana, clergy, elected officials, police officers, Mississippi, North Carolina, and South Payments to jurors range from $3 per firemen, teachers, and sole proprietors Carolina) have terms of service of 1 day in Colorado to $30 per day in New of businesses. Twenty-seven States now week. Hampshire, Vermont, the District of have limited or no class exemptions 14 States limit terms to 2 weeks. Columbia, and the Federal courts. from jury service. 8 States do not specify terms. Thirty-eight States pay for travel ranging Vermont has the longest statutory limit from 24 per mile in New Jersey to 204 with a 2-year term. per mile in Hawaii. Some jurisdictions also require employers to pay the salaries of employees while serving on jury duty.

86 Report to the Nation on Crime and Justice How does the criminal justice system deal with the mental health of defendants?

In all State and Federal courts time of such conduct and as a result of and by providing for Federal commit- defendants may be found mental disease or defect he lacks sub- ment of persons found insane after con- incompetent to stand trial stantial capacity either to appreciate the viction or incarceration. criminality of his conduct or to conform Defendants may be incompetent to his conduct to the requirements of the Competency to stand trial stand trial on the basis of their mental law." and the insanity defense health if they are found to be unable to 16 jurisdictions use the McNaughton are often confused understand the proceedings against rule, formulated by the British House of them or to assist properly in their own Lords in 1843. It states that, to establish The issue of insanity refers to the defen- defense. Such findings usually follow a a defense on the ground of insanity, it is dant's mental state at the time of the court-ordered mental evaluation of the necessary to prove clearly that at the crime; the issue of competency con- defendant. time of committing an act the accused cerns the defendant's ability to under- party was laboring under such a defect stand the trial proceedings and to assist According to Roesch and Golding, most of reason from disease of mind as not in preparing his or her defense. For defendants referred for competency to know the nature and quality of the example, a defendant may be found evaluations are found competent. If act, or if he did understand the act, he competent to stand trial but be found found incompetent a defendant may be did not know that it was wrong. Lawyers not guilty by reason of insanity. committed for treatment until competent call this the cognitive test because the to stand trial. language hinges on "knowing." States vary in many specific ways Some jurisdictions modify the in their handling of an In 1977 the Supreme Court held in McNaughton rule by reference to insanity defense Jackson v. Indiana that defendants "irresistible impulse." found incompetent to stand trial could New Hampshire uses a rule devised Variations relate to the- not be held indefinitely as a result of by its Supreme Court in 1871 that a per- * definition of insanity incompetency and that any such com- son is absolved of responsibility if the availability of an alternate verdict of mitments must be justified by treatment act committed is the offspring or prod- guilty but mentally ill progress. Some States have responded uct of mental disease. burden of proof. to this decision by setting treatment time limits after which defendants must be Recently, the Federal Government The Federal Insanity Defense Reform released. In all States such defendants and lndiana adopted a new test Act of 1984 shifted the burden of proof may be recommitted under civil commit- of criminal responsibility from the prosecution to the defense. In ment laws. all Federal jurisdictions the defendant Endorsed by the American Bar Associa- has the burden of proving the defense A defense of insanity is recognized tion in 1983, the Appreciation Test of insanity by clear and convincing evi- by all but three States resembles the McNaughton test in its dence. According to the American Bar reliance on cognitive incapacity. It differs Association, 26 States applied this stan- Three States-Montana, Idaho, and from the ALI test in that there is no dard prior to the change in Federal law. Utah-have passed laws that abolish requirement for the defendant to estab- the insanity defense. However, psy- lish a lack of control over his or her Twelve States provide for a verdict chiatric evidence is allowed on the issue behavior. The Appreciation Test became of guilty but mentally ill of whether there is an intent to commit the law in all Federal courts in October a crime. 1984 with passage of the Comprehen- According to the lnstitute on Mental Dis- sive Crime Control Act. The lndiana ability at the National Center for State In most States a formal notice of an General Assembly also changed from Courts, since 1975 the 12 States that intent to rely on the insanity defense the ALI standard to the Appreciation have adopted this verdict are (in must be filed by defendants who wish Test in 1984. chronological order): Michigan, Indiana, to claim insanity as a defense. Such Illinois, Georgia, Kentucky, New Mexico, defendants enter a plea of not guilty at A plea of insanity entered by the Delaware, Alaska, Pennsylvania, South the time of trial. attempted assassin of President Dakota, Utah, and South Carolina. Reagan spurred the first One of two definitions comprehensive reform of Federal law In States where this verdict is available it governs the insanity defense governing the insanity defense is an alternative to, but does not pre- in most jurisdictions clude, a verdict of not guilty by reason The new Federal law changes previous of insanity. According to the American Bar standards in the Federal courts by shift- Association- ing the burden of proof to the defense, 24 States use the definition adopted limiting the scope of expert testimony, by the American Law Institute (ALI) in eliminating the defense of diminished 1962 as part of the ALI Model Penal capacity, creating a verdict of "not guilty Code. It states that 'A person is not only by reason of insanity," which responsible for criminal conduct if at the requires a civil commitment proceeding,

Report to the Nation on Crime and Justice 87 Criminal case appeals make up close to half the State appellate caseload

Both convictions and sentences may be appealed Civil and criminal appeals in State courts have grown Number of filings (38 States) Defendants have as many as three rapidly in recent years possible avenues of appeal: the direct appeal, postconviction remedy, and Federal habeas corpus. Defendants appeal their convictions alleging that their rights were violated during the criminal justice process. Reversal of a conviction on appeal sets aside only the prior conviction. Defendants may be retried. In many States criminal appeals are a matter of right and most States provide for an automatic appeal of death sentences. A sentence may be appealed on grounds it violates the Constitutional prohibition against cruel and unusual punishment.

Most criminal case appeals Source: The growth in appeals: 1973-83 trends, BJS Bulletin, February 1985. are decided in State courts

Cases originating in State courts are iaccounted for 43% to 46% of total exhausted all State remedies. Few usually appealed through the State's i3ppellate volume in State courts. Inter. habeas corpus petitions are successful. appellate court system. State cases that rnediate appellate courts have been a One study revealed that 3% of the State involve a Constitutional question may be Fxincipal means of meeting the petitions in Federal court resulted in appealed to the U.S. Supreme Court. increased caseload. relief.4

Almost four-fifths of all appeals, includ- In 1985, 33,360 appeals were filed The number of actions filed ing writs, are decided by State courts. in the U.S. Courts of Appeals in Federal courts by State prisoners The U.S. Supreme Court decides 150 has more than doubled since 1970 cases per year with full opinion. For In 1985, 4,989 or 15% of the appeals State appellate courts the number of filed were criminal cases. The propor- Of all appeals filed in Federal courts, appellate decisions ranges from 200 to tion of criminal appeals to other appeals prisoner petitions (which include habeas 300 cases in smaller States with was greatest during the 1970s when it corpus and civil rights petitions) made supreme courts and no intermediate reached an alltime high of 28.5% in UP- appellate courts to more than 9,000 in 1973. The proportion of criminal appeals .14.7% in 1980 Florida and New York, which have inter- filed has declined in every year since 19.6% in 1985. mediate appellate courts as well as a 1980 except 1981. In 1985 the 18,660 supreme court. civil appeals filed in US. Courts of Prisoner petitions coupled with criminal Appeals represented the largest group appeals make up 34.5% of the total Appellate filings have increased of appeals. caseload in Federal appellate courts. in almost every State The rate of appeal of Federal criminal Few juvenile cases are appealed State appellate judges have had an convictions is very high. In some circuits increasing number of cases to handle; appeal is virtually automatic in criminal Since 1967 juveniles have had the legal most States had a yearly increase of cases.3 The rate of reversal is fairly low. right to appeal juvenile court adjudica- 9% or more in the 1970s. The number tions (in re Gault). Over the past 15 of judges in State appellate courts grew Petitions to the Federal courts years, State codes have been amended at only a sixth the rate of the appellate by State prisoners claiming to acknowledge this right. In States that caseload in the 1970s. The number of they are unlawfully detained grant concurrent jurisdiction to juvenile State court appeals more than doubled are rarely successful and criminal courts the prosecutor's during 1973-83 in 43 jurisdictions able decision to file criminal (instead of delin- to measure the growth. Overall growth These petitions, known as writs of quency) charges is not subject to in total appeals filed ranged from 38% habeas corpus, are the primary means appeal. In most States that permit trans- in Mississippi and 53% in Maryland to by which State prisoners have their con- fers of juveniles to criminal courts 305% in Alaska. Criminal cases victions reviewed in Federal courts. through judicial waivers, the waiver deci- Such a petition can be heard by a U.S. sion is appealable, but only after convic- district court after a prisoner has tion in criminal court.

88 Report to the Nation on Crime and Justice Basic sources McGraw, B., et al., " The guilty but mentally ill' plea and verdict: Current state of the U.S. Department of Justice knowledge," Villanova Law Review (1985) Bureau of Justice Statistics: 30(1) BJS Bulletins- Model penal code: Proposed official draft Case filings in State courts, 1983, NCJ-95111, (Philadelphia: The American Law Institute, October 1984 1962) The growth of appeals: 1973-83 trends, Reed, Sue Titus, Crime and criminology, 4th NCJ-96381, February 1985 edition (New York: CBS College Publishing, BJS Special Report- 1985) Felony case-processing time, NCJ-101985, Roesch, Ronald, and Stephen L. Golding, August 1986 Competency to stand trial (Urbana: University BJS Reports- of Illinois Press, 1980) Boland, Barbara, with Ronald Sones, Rossum, Ralph A,, The politics of the crimi- INSLAW, Inc., Prosecution of felony arrests, nal justice system (New York: Marcel Dekker, 1981, NCJ-101380, September 1986 Inc., 1978) State court organization 1980, NCJ-76711, Schantz, William T., The American legal May 1982 environment (St. Paul: West Publishing Com- National Institute of Justice: pany, 1976) McDonald, William F., Plea bargaining: Critical issues and common practices, Notes GPO-01234-5, July 1985 'M. Heumann, Plea bargaining (Chicago: Miller, H., et al., Plea bargaining in the University of Chicago Press, 1978). United States, September 1978 2Historical review by John Eckler in "Lagging Neubauer, D. W., et al., Managing the pace justice," Annals of the American Academy of of justice: An evaluation of LEAA's court Political and Social Science, vol. 328, March delay-reduction programs, 1981 1960. Administrative Office of the U.S. Courts 3J. W. Howard, Jr., Courts of appeals in the Annual report of the director; 1985 Federal judicial system: A study of the sec- Federal court management statistics, 1985 ond, fifth, and District of Columbia circuits (Princeton: Princeton University Press, 1981), Other sources p. 34. American Bar Association policy on the 4P H. Robinson, 'An empirical study of Fed- insanity defense, Criminal Justice Mental eral habeas corpus review of State court Health Standards Project, ABA Standing judgments:' a study for the Office for Committee on Association Standards for Improvements in the Administration of Justice, Criminal Justice, approved by the House of US. Department of Justice, July 1979, pp. Delegates. February 9, 1983, appendix one 4(a)-4(b). Brosi, K., A cross-city comparison of felony case processing (Washington: lnstitute for Law and Social Research, 1979), pp. 48-49 Church, T., Jr., et al., Justice delayed: The pace of litigation in urban trial courts (Wil- liamsburg, Va.: National Center for State Courts, 1978) Cohn, Alvin W.. Crime and justice administra tion (Philadelphia: J. B. Lippincott Company, 1976) Jacob, Herbert, Justice in America, 3rd edition (Boston: Little, Brown & Company, 1978) Johnson, Elmer H., Crime, correction and society, 3rd edition (Homewood, Ill.: The Dor- sey Press, 1974) Keilitz, Ingo, "Reforming and researching the insanity defense," draft (Williamsburg. Va.: National Center for State Courts, May 1985) Mahoney, B., et al., Implementing delay reduction and delay prevention: Programs in urban trial courts (Williamsburg, Va.: National Center for State Courts, 1985)

Report to the Nation on Crime and Justice 89 Section 5. Sentencing and sanctions

Through sentencing, society attempts to express its goals for the correctional process

The sentencing of criminals often Judges usually have Recent sentencing reforms reflects conflicting social goals a great deal of discretion reflect more severe attitudes in sentencing offenders and seek to reduce disparity These objectives are- and uncertainty * Retribution-giving offenders their The different sentencing laws give vari- 'Tust deserts" and expressing society's ous amounts of discretion to the judge Reforms in recent years have used disapproval of criminal behavior in setting the length of a prison or jail statutory and administrative changes Incapacitation-separating offenders term. In a more fundamental respect, to- from the community to reduce the however, the judge often has a high * clarify the aims of sentencing opportunity for further crime while they degree of discretion in deciding reduce disparity by limiting judicial are incarcerated whether or not to incarcerate the and parole discretion Deterrence-demonstrating the cer- offender at all. Alternatives to imprison- provide a system of penalties that is tainty and severity of punishment to dis- ment include- more consistent and predictable courage future crime by the offender * probation 0 provide sanctions consistent with the (specific deterrence) and by others fines concept of ''just deserts." (general deterrence) forfeiture of the proceeds of criminal Rehabilitation-providing psychologi- activity The changes have included- cal or educational assistance or job restitution to victims * making prison mandatory for certain training to offenders to make them less community service crimes and for recidivists likely to engage in future criminality split sentences, consisting of a short specifying presumptive sentence Restitution-having the offender period of incarceration followed by pro- lengths repay the victim or the community in bation in the community. requiring sentence enhancements for money or services. offenders with prior felony convictions Often, before a sentence is imposed a introducing sentencing guidelines Attitudes about sentencing presentence investigation is conducted limiting parole discretion through the reflect multiple goals to provide the judge with information use of parole guidelines and other factors about the offender's characteristics and total elimination of discretionary parole prior criminal record. release (determinate sentencing). Research on judicial attitudes and practices in sentencing revealed that judges Disparity and uncertainty arose States use a variety of strategies vary greatly in their commitment to vari- from a lack of consensus for sentencing ous goals when imposing sentences. over sentencing goals Public opinion also has shown much Sentencing is perhaps the most diversi- diversity about the goals of sentencing, By the early 1970s researchers and fied part of the Nation's criminal justice and public attitudes have changed over critics of the justice system had begun process. Each State has a unique set of the years. In fashioning criminal penal- to note that trying to achieve the mixed sentencing laws, and frequent and sub- ties, legislators have tended to reflect goals of the justice system without new stantial changes have been made in this lack of public consensus. limits on the discretionary options given recent years. This diversity complicates to judges had- the classification of sentencing systems. Sentencing laws are further complicated * reduced the certainty of sanctions, For nearly any criterion that may be by concerns for- presumably eroding the deterrent effect considered, there will be some States * Proportionality-severity of punish- of corrections with hybrid systems that straddle the ment should be commensurate with the resulted in disparity in the severity of boundary between categories. seriousness of the crime punishment, with differences in the sen- Equity-similar crimes and similar tences imposed for similar cases and criminals should be treated alike offenders Social debt-the severity of punish- failed to validate the effectiveness of ment should take into account the various rehabilitation Droarams in offender's prior criminal behavior. changing offender behavior or predict- ing future criminality.

90 Report to the Nation on Crime and Justice The basic difference in sentencing systems is the apportioning States employ other sentencing features of discretion between the judge in conjunction with their basic strategies and parole authorities Mandatory sentencing-Law requires the judge Mandatory sentencing laws are in force in 46 to impose a sentence of incarceration, often of States (all except Maine. Minnesota, Nebraska, Indeterminate sentencing-the judge specified length, for certain crimes or certain cat- and Rhode Island) and the District of Columbia. specifies minimum and maximum sen- egories of offenders. There is no option of proba- In 25 States imprisonment is mandatory for cer- tence lengths. These set upper and tion or a suspended sentence. tain repeat felony offenders. In 30 States lower bounds on the time to be served. imprisonment is mandatory if a firearm was involved in the commission of a crime. In 45 The actual release date (and therefore States conviction for certain offenses or classes of the time actually served) is determined offenses leads to mandatory imprisonment; most later by parole authorities within those such offenses are serious, violent crimes, and limits. drug trafficking is included in 18 of the States. Many States have recently made drunk driving an offense for which incarceration is mandated Partially indeterminate sentencing-a (usually for relatively short periods in a local jail variation of indeterminate sentencing in rather than a State prison). which the judge specifies only the maximum sentence length. An associated Presumptive sentencing-The discretion of a Presumptive sentencing is used, at least to some judge who imposes a prison sentence is con- degree, in about 12 States. minimum automatically is implied, but is strained by a specific sentence length set by law not within the judge's discretion. The for each offense or class of offense. That sen- implied minimum may be a fixed time tence must be imposed in all unexceptional (such as 1 year) for all sentences or a cases. In response to mitigating or aggravating circumstances, the judge may shorten or fixed proportion of the maximum. In lengthen the sentence within specified bound- some States the implied minimum is aries, usually with written justification being zero; thus the parole board is empow- required. ered to release the prisoner at any time. Sentencing guidelines-Explicit policies and Sentencing guidelines came into use in the late procedures are specified for deciding on 1970s. They are- Determinate sentencing-the judge individual sentences. The decision is usually * used in 13 States and the Federal criminal jus- specifies a fixed term of incarceration, based on the nature of the offense and the tice system which must be served in full (less any offender's criminal record. For example, the written into statute in the Federal system and in 'boodtime" earned in prison). There is prescribed sentence for a certain offense might Florida, Louisiana, Maryland. Minnesota. New be probation if the offender has no previous Jersey, Ohlo, Pennsylvania, and Tennessee no discretionary parole release. felony convictions, a short term of incarceration if used systemwide, but not mandated by law, in the offender has one prior conviction, and Utah Since 1975 many States have progressively longer prison terms if the offender's applied selectively in Massachusetts, Michigan. adopted determinate criminal history is more extensive. Rhode Island, and Wisconsin being considered for adoption in other States sentencing, but most still use and the District of Columbia. indeterminate sentencing Sentence enhancements-In nearly all States, In some States that group felonies according to In 1976 Maine was the first State to the judge may lengthen the prison term for an their seriousness, the repeat offender may be adopt determinate sentencing. The sen- offender with prior felony convictions. The lengths given a sentence ordinarily imposed for a higher of such enhancements and the criteria for impos- seriousness category. Some States prescribe tencing system is entirely or predom- ing them vary among the States. lengthening the sentences of habitual offenders inantly determinate in these 10 States: by specified amounts or imposing a mandatory minimum term that must be served before parole California Maine can be considered. In other States the guidelines Connecticut Minnesota provide for sentences that reflect the offender's Florida New Mexico criminal history as well as the seriousness of the offense. Many States prescribe conditions under Illinois North Carolina which parole eligibility is limited or eliminated. For Indiana Washington example, a person with three or more prior felony convictions, if convicted of a serious violent The other States and the District of offense, might be sentenced to life imprisonment Columbia use indeterminate sentencing without parole.

in its various forms. One State, Colo- Sources. Surveys conducted for the Bureau of Justice Stal~stics rado, after changing to determinate sen- by the U.S. Bureau of the Census in 1985 and by the Pennsylvania tencing in 1979, went back to indeter- Comm~ssionon Crime and Delinquency in 1986. minate sentencing in 1985. The Federal justice system has adopted determinate sentencing through a system of sentencing guidelines.

Report to the Nation on Crime and Justice 91 Sentencing guidelines usually guideline range; sentences that are less are developed by a separate severe can be appealed by the prose- sentencing commission cution, and sentences that are more severe can be appealed by the defense. Such a commission may be appointed by the legislative, executive, or judicial Changes in sentencing branch of State government. This is a have brought changes departure from traditional practice in in correctional practices that sentences are prescribed through an administrative procedure rather than Many sentencing reforms have led to by explicit legislation. changes in the way correctional systems operate: In some States the guidelines are prescriptive in that they specify whether The proliferation of determinate and or not the judge must impose a prison mandatory sentences during the past sentence and the presumptive sentence decade, together with dissatisfaction length. In other States the guidelines about the uncertainties of indeterminate are advisory in that they provide infor- sentencing (especially the linking of mation to the judge but do not mandate release decisions to rehabilitative prog- sentencing decisions. ress or predictions of future behavior), have led to modifications in parole deci- To determine whether a prison sentence sionmaking. Many States now use should be imposed, the guidelines parole guidelines, and many have modi- usually consider offense severity and fied their use of 'Qoodtime" and other the offender's prior criminal record. A incentives for controlling inmate matrix that relates these two factors may behavior and determining release dates. be used. New administrative requirements, such Sentencing matrix as collection of victim restitution funds, operation of community service pro- Criminal history grams, and levying fees for probation Offense low high supervision, room and board, and other severity 0 1 2 3 4 5. 6 services, have been added to traditional low I correctional practices. II Probation Changes in sentencing laws and practices may be affecting the size of the correctional clientele. Such changes include- using determinate and mandatory sentencing Vlll limiting or abolishing parole discretion lowering the age at which youthful IX offenders become subject to the adult high X criminal justice system Adapted from P ent and enacting in a few jurisdictions laws impact of the Minnesota sentencing guidelines, Min- nesota Sentencing Guidelines Commission, July 1982. providing for life imprisonment without the possibility of parole. Sentencing guidelines used in the Fed- eral justice system were developed by the United States Sentencing Commis- sion. The guidelines provide for determinate sentencing and the abolition of parole. Ranges of sentence length are specified for various offense classifica- tions and offender characteristics. The judge must provide written justification for any sentence that deviates from the

92 Report to the Nation on Crime and Justice Forfeiture is a relatively new sanction

What is forfeiture? sive Crime Control Act of 1984, the Because of the depreciation in value of Money Laundering Act of 1986, and the many assets over time and the cost of Forfeiture is government seizure of prop- Anti-drug Abuse Act of 1986. storing or caring for such assets, forfei- erty derived from or used in criminal ture may result in a cost rather than rev- activity. Its use as a sanction aims to Most State forfeiture procedures appear enue to the prosecuting jurisdiction. strip racketeers and drug traffickers of in controlled substances or RlCO laws. their economic power because the tradi- A few States provide for forfeiture of What happens to forfeited property? tional sanctions of imprisonment and property connected with the commis- fines have been found inadequate to sion of any felony. Most State forfeiture The disposition of forfeited property is deter or punish enormously profitable provisions allow for civil rather than controlled by statute or in some States crimes. Seizure of assets aims not only criminal forfeiture. A recent survey by their constitutions. In many cases, to reduce the profitability of illegal responded to by 44 States and territo- the seizing agency is permitted to place activity but to curtail the financial ability ries found that under the controlled sub- an asset in official use once it has been of criminal organizations to continue ille- stances laws most States provide only declared forfeit by a court. Such assets gal operations. for civil forfeiture. Eight States (Arizona, are usually cars, trucks, boats, or planes Kentucky, Nevada, New Mexico, North used during the crime or proceeds of There are two types of forfeiture: Carolina, Utah, Vermont, and West Vir- the crime. civil and criminal ginia), however, have criminal forfeiture provisions.' Of the 19 States with RlCO For assets that are sold, the proceeds Civil forfeiture-a proceeding against statutes, all but 8 include the criminal are usually used first to pay any out- property used in criminal activity. Prop- forfeiture sanction.* standing liens. The costs of storing, erty subject to civil forfeiture often maintaining, and selling the property includes vehicles used to transport con- What is forfeitable? are reimbursed next. Some States traband, equipment used to rnanufac- require that, after administrative costs ture illegal drugs, cash used in illegal Originally most forfeiture provisions are reimbursed, the costs of law transactions, and property purchased aimed to cover the seizure of contra- enforcement and prosecution must be with the proceeds of the crime. No find- band or modes of transporting or paid. More than half the States provide ing of criminal guilt is required in such facilitating distribution of such materials. that any outstanding balance go to the proceedings. The government is The types of property that may be for- State or local treasury, or a part to both. required to post notice of the proceed- feited have been expanded since the In eight States law enforcement agen- ings so that any party who has an 1970s to include assets, cash, securities, cies can keep all property, cash, or interest in the property may contest the negotiable instruments, real property sales proceeds. If the State constitution forfeiture. including houses or other real estate, governs distribution, the receiving and proceeds traceable directly or agency is usually the State or local Criminal forfeiture-a part of the indirectly to violations of certain laws. school system. Some States have speci- criminal action taken against a defen- Common provisions permit seizure of fied the recipients to be special pro- dant accused of racketeering or drug conveyances such as airplanes, boats, grams for drug abuse prevention and trafficking. The forfeiture is a sanction or cars; raw materials, products, and rehabilitation. imposed on conviction that requires the equipment used in manufacturing, defendant to forfeit various property trafficking, or cultivation of illegal drugs; In 1984 the Federal Government estab- rights and interests related to the viola- and drug paraphernalia. lished the Department of Justice Assets tion. In 1970 Congress revived this Forfeiture Fund to collect proceeds from sanction that had been dormant in How long does it take to determine forfeitures and defray the costs of forfei- American law since the Revolution. if property can be forfeited? tures under the Comprehensive Drug Abuse Prevention and Control Act and The use of forfeiture varies In most cases some time is provided the Customs Forfeiture Fund for forfei- greatly among jurisdictions before the actual forfeiture to allow per- tures under customs laws. These acts sons with an interest in seized property also require that the property and pro- The Federal Government originally to make a claim. Seized property is nor- ceeds of forfeiture be shared equitably provided for criminal forfeiture in the mally kept for 6 months to 1 year before with State and local law enforcement Racketeer Influenced and Corrupt being declared forfeit and disposed of. commensurate with their participation in Organization (RICO) statute and the Contraband or materials that are illegal the investigations leading to forfeiture. Comprehensive Drug Prevention and per se, such as drugs, are disposed of Control Act, both enacted in 1970. relatively quickly. Cars, airplanes, boats, Before that time civil forfeiture had been and other forms of transportation are provided in Federal laws on some nar- usually kept for about 6 months before cotics, customs, and revenue infractions. disposal. Real property is often kept for More recently, language on forfeiture longer periods. Administrative forfeitures has been included in the Comprehen- usually take less time than ones that require judicial determination.

Report to the Nation on Crime and Justice 93 Sanctions for alcohol-related driving offenses are becoming more severe

Alcohol-related driving offenses Arizona law permits fines of up to In 42 States imprisonment is manda- carry both criminal and $1,000 for first offenses but up to tory for driving while intoxicated administrative sanctions $150,000 for third offenses. In 23 States After repeat offenders may be subject to which of- Because States license drivers, sanc- habitual offender laws resulting in fense does tions against persons convicted of driv- enhancement of the term to incarcera- Is imprison- ing while intoxicated and driving under tion. imprisonment be- Length of the influence of alcohol include revoca- ment man- come man- imprison- State datorp datory? ment tion or suspension of driver's licenses. Many States have resorted In some States the administrative sanc- to mandatory sanctions Alabama Yes 2nd offense 2 davs tion may be imposed for a short period Alaska Yes Arizona Yes prior to conviction if there is sufficient Number of States Type of sanction imposing mandatory Arkansas No evidence to believe the defendant was and prior history sanctions California Yes operating a motor vehicle while under Colorado Yes 1982 1986 the influence of alcohol. In 1986 the - - Connecticut Yes minimum period for license suspension Delaware Yes Imprisonment D.C. No or revocation for a first offense ranged 1st offense 12 16 Florida Yes from 21 days in one State to 36 months 2nd 22 42 Georgia Yes 3rd 19 40 in another. Hawaii Yes Idaho Yes Fines Illinois Yes Criminal sanctions may involve incarcer- 1st offense 9 15 Indiana Yes ation, fines, community service, restitu- 2nd 10 13 tion, or alcohol treatment and education 3rd 9 12 Iowa Yes programs. In some States, criminal driv- Kansas Yes License suspension Kentucky Yes ing offenses are classified as felonies; in or revocation Louisiana Yes other States, they are misdemeanors. 1st offense 31 25 Maine Yes The term of incarceration permitted by 2nd 39 44 Maryland Yes statute for a first offense ranges from a 3rd 38 44 Massachusetts Yes minimum of 1 day up to 2 years. First Source: A d~gestof State alcohol-highway safety related Michigan No legislation, first edition and fifth edition, National Highway Minnesota No offense fines range from $100 to $5,000. Traffic Safety Administration. U.S. Department of Transporta- Mississippi No lion. Missouri Yes In almost all States both administrative Montana Yes and criminal sanctions may be imposed Many States have increased Nebraska Yes for a conviction of driving while intoxi- the severity of their mandatory Nevada Yes New cated. The criminal court imposes crimi- sanctions against alcohol- Hampshire Yes nal sanctions while the licensing agency related driving offenses New Jersey Yes imposes the administrative sanctions on New Mexico Yes notification of conviction by the court. Between 1982 and 1986- New York No 4 States increased their mandatory North In most States possible sanctions fines for at least one offense Carolina Yes North Dakota Yes for repeat alcohol-related driving 8 States increased the length of man- Ohio Yes offenders are progressively severe datory imprisonment for at least one Oklahoma No offense Oregon Yes In 1986 more than half the States had I1 States increased the term for Pennsylvania Yes license suspension or revocation mini- license suspension or revocation Rhode Island Yes mums of a few months for first offenders South and 12 months for second offenders. In A few years after imposing severe man- Carolina Yes South Dakota No 43 States the fines that may be datory sanctions, many States reduced Tennessee Yes imposed also increased with the num- the severity of their sanctions, particu- Texas Yes ber of prior convictions. For example, larly for first offenses. Utah Yes Vermont Yes Virginia Yes Washington Yes West Virginia Yes Wisconsin No Wyoming Yes Source: A digest of State alcohol-highway safety related legislation, fiflh edition. National Highway Traffic Safety Administration. U.S. Department of Transportation.

94 Report to the Nation on Crime and Justice Juveniles receive dispositions rather than sentences

Juvenile court dispositions As of 1981 eight States had serious- The outcomes of juvenile and tend to be indeterminate delinquent statutes requiring that adult proceedings are similar, juveniles who are either serious, violent, but some options are not The dispositions of juveniles adjudicated repeat, or habitual offenders be adjudi- available in juvenile court to be delinquent extend until the juve- cated and committed in a manner that nile legally becomes an adult (21 years differs from the adjudication of other For example, juvenile courts cannot of age in most States) or until the delinquents. Such laws require minimum order the death penalty, life terms, or offending behavior has been corrected, lengths of commitment, prescribe a terms that could exceed the maximum whichever is sooner. fixed range of time for commitment, or jurisdiction of the court itself. In Arizona mandate a minimum length of stay in a the State Supreme Court held that, Of the 45 States and the District of type of placement, such as a secure despite statutory jurisdiction of the juve- Columbia that authorize indeterminate institution. nile courts to age 21, delinquents could periods of confinement- not be held in State juvenile corrections * 32 grant releasing authority to the Dispositions for serious juvenile facilities beyond age 18.3 State juvenile corrections agency offenders tend to look like 6 delegate it to juvenile paroling agen. those for adults Yet, juvenile courts may go further than cies criminal courts in regulating the lifestyles 5 place such authority with the com- Aggregate statistics on juvenile court of juvenile offenders placed in the committing judges dispositions do not provide an accurate munity under probation supervision. For 3 have dual or overlapping jurisdic- picture of what happens to the more example, the court may order them to- tion. serious offenders because many of the * live in certain locations cases coming before juvenile courts attend school Most juvenile cases are disposed involve minor criminal or status offenses. participate in programs intended to of informally These minor cases are more likely to be improve their behavior. handled informally by the juvenile court. In 1982 about 54% of all cases referred The National Center for Juvenile Justice to juvenile courts by the police and An analysis of California cases involving estimates that almost 70% of the other agencies were handled informally older juveniles and young adults juveniles whose cases are not waived or without the filing of a petition. About charged by the police with robbery or dismissed are put on probation; about 20% of all cases involved some deten- burglary revealed more similarities in 100/0 are committed to an institution. tion prior to disposition. their disposition patterns than the aggregate juvenile court statistics would Most juveniles committed to juvenile Of about 600,000 cases in which peti- suggest. For both types of offenses, facilities are delinquents tions were filed, 64% resulted in formal juvenile petitions were filed and settled Percent of adjudication. Of these, 61% resulted in formally in court about as often as were juveniles some form of probation, and 29% complaints filed and convictions resulted in an out-of-home placement. obtained in the cases against adults. Total 100% The juveniles charged with the more The juvenile justice system is serious offenses and those with the Delinquents 74 also undergoing changes in the more extensive prior records were the Nondelinquents degree of discretion permitted most likely to have their cases reach Status offenders 12 in confinement decisions adjudication. At the upper limits of Nonoffenders (dependency, offense and prior record severity, neglect, abuse, etc.) 14 Determinate dispositions are now used juveniles were committed to secure insti- Source: BJS Children in Custody, 1985, in six States, but they do not apply to tutions about as frequently as were un~ublisheddata. all offenses or offenders. In most cases young adults with comparable records. they apply only to specified felony cases or to the juveniles with prior adjudications for serious delinquencies.

California imposes determinate periods of confinement for delinquents committed to State agencies based on the standards and guidelines of its paroling agency. Four States have similar procedures, administered by the State agencies responsible for operating their juvenile corrections facilities.

Report to the Nation on Crime and Justice 95 Current sentencing alternatives reflect multiple objectives

What types of sentences usually are given to offenders?

Death penalty-In most States for the most serious crimes such as As of 1985, 37 States had laws providing for the death penalty. murder, the courts may sentence an offender to death. by lethal injec- Virtually all death penalty sentences are for murder. tion, electrocution, exposure to lethal gas, hanging, or other method As of yearend 1985, 50 persons had been executed since 1976, specified by State law. and 1,591 inmates in 32 States were under a sentence of death.

Incarceration-The confinement of a convicted criminal in a Federal More than 4,200 correctional facilities are maintained by Federal, or State prison or a local jail to serve a court-imposed sentence. State, and local governments. They include 47 Federal facilities, 922 Confinement is usually in a jail, administered locally, or a prison. State-operated adult confinement and community-based correctional operated by the State or Federal Government. In many States facilities, and 3,300 local jails, which usually are county-operated. offenders sentenced to 1 year or less are held in a jail; those sen- On any given day in 1985 about 503,000 persons were confined in tenced to longer terms are committed to a State prison. State and Federal prisons. About 254,000 were confined in local jails on June 30, 1985.

Probation-The sentencing of an offender to community supervision State or local governments operate more than 2,000 probation by a probation agency, often as a result of suspending a sentence to agencies. confinement. Such supervision normally entails specific rules of con- At yearend 1985, nearly 1.9 million adults were on probation, or duct while in the community. If the rules are violated a sentence to about 1 of every 95 adults in the Nation. confinement may be imposed. Probation is the most widely used correctional disposition in the United States.

Split sentences, shock probation, and intermittent confine- In 1984 nearly a third of those receiving probation sentences in ment-A penalty that explicitly requires the convicted person to Idaho, New Jersey, Tennessee, Utah, and Vermont also were sen- serve a brief period of confinement in a local, State, or Federal facil- tenced to brief periods of confinement. ity (the "shock") followed by a period of probation. This penalty attempts to combine the use of community supervision with a short incarceration experience. Some sentences are periodic rather than continuous; for example, an offender may be required to spend a certain number of weekends in jail.

Restitution and victim compensation-The offender is required to Nearly all States have statutory provisions for the collection and provide financial repayment or, in some jurisdictions, services in lieu disbursement of restitution funds. A restitution law was enacted at of monetary restitution, for the losses incurred by the victim. the Federal level in 1982.

Community service-The offender is required to perform a specified Many States authorize community service work orders. Community amount of public service work, such as collecting trash in parks or service often is imposed as a specific condition of probation. other public facilities.

Fines-An economic penalty that requires the offender to pay a The Victims of Crime Act of 1984 authorizes the distribution of fines specified sum of money within limits set by law. Fines often are and forfeited criminal profits to support State victim-assistance pro- imposed in addition to probation or as alternatives to incarceration. grams, with priority given to programs that aid victims of sexual assault, spousal abuse, and child abuse. These programs, in turn, provide assistance and compensation to crime victims. Many laws that govern the imposition of fines are being revised. The revisions often provide for more flexible means of ensuring equity in the imposition of fines, flexible fine schedules, ''day fines" geared to the offender's daily wage, installment payment of fines, and the imposition of confinement only when there is an intentional refusal to pay. A 1984 study estimated that more than three-fourths of criminal courts use fines extensively and that fines levied each year exceed one billion dollars.

96 Report to the Nation on Crime and Justice In most cases, a felony conviction results in a sentence that includes incarceration

Incarceration is most likely while longer sentences are served in Sentences are more severe for serious crimes of violence State prisons. However, some jurisdic- for offenders convicted of tions use jail instead of prison more multiple charges than for those Sentences imposed in nine jurisdictions often as the sanction against convicted convicted of single charges in 1981a Percent of convictions felons serving longer terms. For exam- resulting in incarceration ple, in both Baltimore City, Maryland, According to the 18-jurisdiction study- in prison or jail and Philadelphia, Pennsylvania, in 1983 * More than a fourth of the persons More than two-thirds of convicted felons were sen- convicted of felonies were convicted of -Any -1 year tenced to incarceration. In Baltimore, vir- more than one charge. All feloniesb 71Vo 37% tually all such persons went to State Persons convicted of multiple felony prisons, while Philadelphia sent half to charges were more likely to go to prison Homicide and manslaughter State prisons and half to county and received longer sentences. Of Sexual assault institutions. those convicted of a single charge, 40% Robbery were sentenced to prison vs. 56% of Assault Many felons are sentenced those convicted of two charges and Burglary to probation 690/0 of those convicted of four or more Larceny and charges. auto theft A 1985 study of felony sentencing in 18 About 11% of those convicted of mul- Stolen property local jurisdictions revealed that more tiple charges and sentenced to prison Fraud than a fourth of felony sentences were were given consecutive sentences; the Drugs for probation alone. Almost another fifth individual sentences must be served in Weapons of convicted felons were sentenced to a sequence. The rest were given concur- OtherC time in jail followed by probation (split rent sentences, allowing several sen- alndianapolis, Indiana; Los Angeles, California; Louisville. tences to be served at the same time. Kentucky; Borough of Manhattan. New York; New Orleans, sentence). Louisiana; State of Rhode Island; St. Louis. Missouri; Salt Lake City Utah. San Diego California. - - - - blndicted'cases'that resulted in conviction in felonv' court: a few of the convictions were for misdemeanors. Clncludeskidnaping, morals offenses, arson, unknown, and Prison sentences are longer for multiple-charge convictions miscellaneous other felonies. Average sentence length for Source: Barbara Boland wlth Ronald Sones. INSLAW. Inc., offenders convicted of- The prosecution of felony arrests. 1981. BJS, 1986. Four or Conviction One Two Three more Confinement may be in State prisons offense charge charges charges charges or local jails Violent offenses In most jurisdictions local jails are used Homicide 11.2 yrs. 18.1 yrs. 23.0 yrs. 34.5 yrs to incarcerate persons with short sen- Rape 8.8 14.7 18.8 23.2 tences (generally less than 1 year), Robbery 6.4 10.5 11.4 17.6 Aggravated assault 5.9 7.3 8.6 9.3

Property offenses Burglary 3.8 5.8 7.3 6.1 Larceny 2.8 4.4 4.4 4.0

Drug trafficking 3.4 5.3 6.0 7.5 Note: Sentences were classified according to the most seri- multiple conviction charges may include lesser offenses ous conviction offense. Offenses are listed in order of seri- including misdemeanors. ousness. In addition to the most serious conviction charge. Source: Felony sentencing in 18 local jurisdictions. BJS Special Report, June 1985.

Report to the Nation on Crime and Justice 97 The death penalty is reserved for the most serious offenses and offenders

The death penalty was reaffirmed At the end of 1985, 37 States had death penalty laws in effect by the Supreme Court in 1976

In the 1972 decision Furman v. Georgia, the Supreme Court struck down on Eighth Amendment grounds (forbidding cruel and unusual punishment) State and Federal capital punishment laws that permitted wide discretion in the application of the death penalty. In response, many States revised their statutes to conform to the guidelines in Furman.

The High Court clarified these guidelines in a series of five decisions announced on July 2, 1976. In Woodson v. North Carolina and Roberts v. Loui- siana, the Court struck down State stat- Death penalty by State VJ utes that required mandatory imposition 0No death penalty of the death penalty for specified crimes. As a direct consequence, man- Death penalty Source Capital pun~shment.1985. Has been used datory death penalty provisions in 21 BJS Bulletm November 1986 slnce 1977 States were invalidated either through later court action or repeal by State legislatures. This resulted in the modifi- cation to life imprisonment of death sen- The number of persons on death row tences imposed on hundreds of reached an alltime high in 1985 offenders in these States. Number In three other major cases, however, the , 1,591 Supreme Court upheld State death pen- 1,500 alty laws that afforded sentencing Death-row inmates authorities discretion to impose death sentences for specified crimes (Gregg v. Georgia, Jurek v. Texas, and Proffit v. Florida). The Court validated statutes that permitted the imposition of the death penalty after consideration of aggravating and mitigating circumstances.

A total of 3,909 people have been executed since 1930, including 50 since 1977

In 1977 the first execution in a decade was carried out in Utah. Two more executions followed in 1979 (Florida and Nevada), 1 in 1981 (Indiana), 2 in 1982 (Virginia and Texas), 5 in 1983 (2 in Florida and 1 each in Alabama, Missis- sippi, and Louisiana), 21 in 1984 (8 in Florida, 5 in Louisiana, 3 in Texas, 2 each in Georgia and North Carolina, and 1 in Virginia), and 18 during 1985 1953 1955 1960 1965 1970 1975 1980 1985 (6 in Texas, 3 each in Florida and Geor- Source: Capital punishment, 1985, BJS Bulletin, November 1988. gia, 2 in Virginia, and 1 each in Indi- ana, Louisiana, South Carolina, and Nevada).

98 Report to the Nation on Crime and Justice What types of murder are most often cited in State What methods of execution are used by the various States? capital punishment laws? Lethal injection Electrocution Lethal gas Hanging Firing squad Type of murder for which Number death penalty is authorized of States Arkansasa Alabama Arizona Delaware Idahoa ldahoa Arkansasa California Montanaa Utaha Illinois Connecticut Colorado New Hampshire Murder during another crime ~ississippiaab Florida Maryland Washingtona Sexual offense (such as rape) 35 Montanaa Georgia ~ississippi~,b Kidnaping 34 Nevada Indiana Missouri Robbery 33 New Jersey Kentucky North Carolinas Burglary 32 New Mexico Louisiana Wyominga Arson 29 North Carolinaa Nebraska Oklahomac Ohio Murder of a certain type of victim Oregon Pennsylvania Police or other law South Dakota South Carolina enforcement officer 34 Texas Tennessee Corrections employee 26 Utaha Vermont Firefighter 22 Washingtona Virginia Wyominga Murder by a person with a criminal history or criminal aAuthorizes two methods of execution. be carried out with lethal gas. justice status b~ississippiauthorizes lethal injection for CShould lethal injection be found to be Defendant was in custody 27 persons convicted after 7/1/84; executions of unconstitutional, Oklahoma authorizes use Defendant was previously persons convicted before that date are to of electrocution or firing squad. convicted of murder 20 Source: Capilal punishment, 1985, BJS Bulletin. November 1986. Murder carried out in a particular way Defendant created a grave risk of death to others 26 What is minimum age authorized for capital punishment? Murder was especially heinous, Minimum age authorized for capital punishment atrocious, cruel, vile, etc. 23

Murder carried out for a 10 years 13 years --14 years 15 years 16 years 17 years 18 years particular purpose lndiana Georgia Missouri Arkansas Connecticut New Hampshire California For pecuniary gain (contract Vermont Mississippi North Louisiana Montana Texas Colorado murder, murder for hire) 35 Carolina Virginia Nevada Illinois To effect an escape 26 Nebraska To avoid or prevent an arrest 20 New Jersey New Mexico Other Ohio Multiple murders Oregon Hiring another to kill Washington Source: BJS analysis of State capital punishment laws. 1986. No minimum age specified Who is on death row? Federal Oklahoma Alabama Pennsylvania Arizona South Carolina Of the 1,591 inmates on death row in Delaware South Dakota 1985- Florida Tennessee All had been convicted of murder, 2 Idaho Utah Kentucky Wyoming out of 3 had at least one prior felony Maryland conviction, 1 out of 11 had a prior murder conviction, and 2 out of 5 had a Source: Capital punishment, 1985, BJS Bulletin. November 1986. legal status (on bail, probation, or parole) at the time of the capital murder. 1,574 were male and 17 were female. 903 were white, 672 were black, 11 were American Indian, 5 were Asian, and 99 were of Hispanic origin. The median elapsed time since death sentence was imposed was 36 months.

Report to the Nation on Crime and Justice 99 For most inmates, prison sentences are much longer than the actual time they will serve

Sentences to prison vary widely Expiration of sentence occurs when In 1983, more than half the persons between minimum and maximum terms the maximum term imposed by the released from State prisons and are longer for violent crimes court is served and the offender must served 19 months or less be released without further conditions or Average sentence of supervision. Percent Time served Percent those admitted to Conviction of by releasees of ad. prison Admission offense releases --Average Median offense missions Minimum* Maximum The release-from-prison process --- varies among jurisdictions All offenses 26 mos. 19 mos. All crimes 100% 40 mos. 72 mos. How long a prisoner will serve for a Violent Violent given offense usually depends on a offenses offenses 39% 62 100 Murder Murder 4 177 281 long chain of decisionmaking processes Manslaughter Rape 3 82 117 that begin with the- Rape Robbery 16 55 91 * types of sentencing standards set by Other sexual Assault 7 45 72 State law assault Robbery Property degree of discretion allowed to a sen- Assault offenses 46% 27 58 tencing judge Kidnaping Burglary 26 29 61 laws that govern goodtime earnings Other violent ~utothefl 2 20 41 and eligibility for parole. offenses Forgerylfraud 5 26 53 Larceny 10 23 55 Property Goodtime is offered in nearly offenses Drug offenses 8% 27 53 all jurisdictions as an incentive Burglary for good behavior while confined Arson Public order Auto theft offenses 5% 22 45 Forgerylfraud In most jurisdictions inmates may earn Larceny Other crimes 2% 27 27 credits against their sentences in two Stolen 'Defined as the estimated min~mumtime to be served prior ways-automatic or earned goodtime. property Other property to eligibility for release Automatic goodtime refers to credits

Source: Prison admissions and releases, 1983, BJS Spec~al defined by law or regulation based on Drug offenses Report. March 1986. the length of the sentence imposed, the length of time served, or the serious- Public order Most prisoners are released before ness of the offense. For example, offenses serving their maximum sentence Colorado and Louisiana may credit up Other crimes to 15 days per month while Minnesota Note: Time served includes jail credits. Release from prison generally occurs as and Oregon may credit 1 day for every the result of a decision of a paroling 2 served. In the Federal system, auto- Source: Pr~sonadmissions and releases, 1983, BJS Special authority, mandatory release, or expira- matic goodtime varies with the duration Report. March 1986. tion of sentence. In 1984 half of all of the sentence: releases from prison were by a parole The percentage of persons released board decision. Days credited from prison by parole-board decision Sentence length per month has been declining Parole is the release of a prisoner by the decision of a paroling authority. The 0-6 months 0 days In 1977 nearly 72% of all prison 6 months to I year & 1 day 5 releases were by a parole-board deci- offender is placed under the supervision 1 year & 1 day to 3 years 6 of a parole officer who monitors the sion. By 1984 parole decisions 3 to 5 years 7 accounted for 46% of all releases. This offender's compliance with rules of con- 5 to 10 years 8 duct imposed by the paroling authority. 10 years or more 10 change illustrates the impact of the Violations of these rules may result in movement away from discretionary deci- reimprisonment for the balance of the Earned goodtime, by contrast, is often sionmaking toward more fixed penalty unexpired sentence. given for participation in programs, such systems both at the sentencing and as education or vocational training, release points in the justice system. Mandatory release is based on prison industry, or institutional work, and Mandatory release has increased in sig- earned 'Qoodtime" (days earned for for exceptional conduct such as fighting nificance, giving new importance to the good behavior) or other statutory forest fires and blood donations. Twenty role of goodtime provisions in determin- sentence-reduction measures and, States also have various kinds of early- ing the amount of time to be served. though supervision is required after release programs that may be invoked release, does not usually depend on the when institutions become crowded. discretionary decision of a parole board. Supervision rules of conduct, if violated, may result in a return to prison for the time remaining on the sentence.

100 Report to the Nation on Crime and Justice Basic sources Forst, Brian, and Charles Wellford, "Punish- ment and sentencing: Developing sentencing U.S. Department of Justice guidelines empirically from principles of Bureau of Justice Statistics: punishment," Rutgers Law Review (1981) 33(3):799-837 BJS Bulletins- Capital punishment, 1985, NCJ-102742, Greenwood, Peter W., Albert J. Lipson, Alian October 1986 Abrahamse, Franklin Zimring, Youth crime Prisoners in 1985, NCJ-101384, and juvenile justice in California (Santa Mon- June 1986 ica, Calif.: The RAND Corporation, June Probation and parole 1984, 1983) NCJ-100181, February 1986, and 1985, "Institutional commitment and release NCJ-103683, January 1987 decision-making for juvenile delinquents; Setting prison terms, NCJ-76218, Implications of determinate and indeterminate August 1983 approaches, final report, Phase I:' The URSA BJS Special Reports- Institute, April 1983, p. 55 Felony sentencing in 18 local jurisdictions, Morelli, Richard S., Craig Edelman, and Roy NCJ-97681, June 1985 Willoughby, A survey of mandatory sentenc- Prison admissions and releases, 1983, ing in the U.S., Pennsylvania Commission on NCJ-100582, March 1986 Crime and Delinquency, Criminal Justice Sentencing practices in 13 States, Statistics Division, September 1981 NCJ-95399, October 1984 Preliminary report on the development and BJS Report- impact of the Minnesota Sentencing Guide- Boland, Barbara, with Ronald Sones, lines, Minnesota Sentencing Guidelines Com- INSLAW, Inc., Prosecution of felony arrests, mission, July 1982 1981, NCJ-101380, September 1986 Snyder, Howard N., John L. Hutzler, and Ter- BJS Surveys- rence A. Finnegan, Delinquency in the Analysis of State Capital Punishment Laws, United States, 1982: A description of delin- 1986 quency and status offense cases processed Children in Custody, 1985 by courts with juvenile jurisdiction (Pittsburgh: National Prisoner Statistics, 1975-84 National Center for Juvenile Justice, National Setting Prison Terms, January 1, 1985 Council of Juvenile and Family Court Judges, Surveys conducted for the Bureau of Justice June 1985) Statistics by the U.S. Bureau of the Census State laws and procedures affecting drug in 1985 and by the Pennsylvania Cornmis- trafficking control: A national overview sion on Crime and Delinquency in 1986 (Washington: The National Governors Associ- Bureau of Prisons: ation and the National Criminal Justice Association, July 1985) "Executions," National Prisoner Statistics The effects of limiting discretion in sentenc- National Institute of Justice: ing, New York State Division of Criminal Jus- Hillsman, Sally T.,Joyce L. Sichel, and Barry tice Services, Office of Policy Analysis, Mahoney, Fines in sentencing: A study of Research and Statistical Services, March the use of the fine as a criminal sanction, 1984 NCJ-96334, November 1984 Webb, Daniel K., and Scott F. Turow, "RICO Stellewagen, Lindsey, "Use of forfeiture forfeiture in practice: A prosecutorial perspec- sanctions in drug cases," NIJ Research in tive," University of Cincinnati Law Review Brief, NCJ-098259, July 1985 (1983) 52(2):404-430 U.S. Department of Transportation Notes National Highway Traffic Administration: 'State laws and procedures affecting drug A digest of State alcohol-highway safety trafficking control: A national overview related legislation, 1st edition, January (Washington: National Governors Association 1983, and 5th edition, January 1987 and the National Criminal Justice Associa- tion, July 1985), p. 66. Other sources 2A comprehensive perspective on civil and A comprehensive perspective on civil and criminal RlCO legislation and litigation, Arneri- criminal RlCO legislation and litigation, Ameri- can Bar Association, Criminal Justice Sec- can Bar Association, Criminal Justice Sec- tion, April 1985, Appendix C. tion, April 1985 31n the matter of appeal in Maricopa Countx Cooper, Caroline S., Debra Kelley, and Case No. J-86509, Supreme Court, 604 PAC Sharon Larson, Judicial and executive discre- 2nd 641, December 14, 1979. tion in the sentencing process: Analysis of filing State code provisions (Washington: The American University, January 1982)

Report to the Nation on Crime and Justice 101 Section 6. Corrections a,-" -*...->--- How many people are under some form of correctional supervision?

More than 1 112% of the adult U.S. population Three out of four adults under correctional care is under some form of correctional sanction or custody are not incarcerated

.-_.- Number of adults under correct~onal Number of offenders under cornmunlty sanctlon per 1.000 population ..- _.q supervlslon for each offender conflned Source Probabon and parole 1984, 11 T I Source Probabon and parole 1984, 17 n BJS Bulletm. February 1986 0t05 51010 101015 151020 20+ BJS Bullet~n,February 1986 it02 2103 3104 4105 51

More than 2.6 million adults are under some form of correctional care, custody, or supervision

Regions Number of adults Regions Number of adults and States On probation In prison On parole and States On probation -In jail In prison On parole

United States, total 503,315 277,438 South Federal 40,223 16,860 Alabama 16.520 4.452 11.015 State 463,092 260,578 Arkansas 9,268 1,540 4,611 Delaware 7,103 2,553 Northeast District of Columbia 11.777 6.404 Connecticut 6,149 597 Florida 14.313 28,600 Maine 1.226 68 Georgia 10,213 16,014 Massachusetts 5,390 4,496 Kentucky 3,652 5,801 New Hampshire 683 453 Louisiana 8,501 13,890 New Jersey 11,335 13,385 Maryland 4.572 13,005 New York 34,712 25,279 Mississippi 2,482 6,392 Pennsylvania 14.227 12,200 North Carolina 3,474 17,344 Rhode Island 1,307 402 Oklahoma 2,164 8,330 Vermont 677 236 South Carolina 2,674 10,510 Tennessee 5,975 7,127 Midwest Texas 15,176 37.532 Illinois 18,634 11,421 Virginia 5,616 12,073 Indiana 9,904 2,797 West Virginia 1,015 1,725 Iowa 2,832 1,971 Kansas 4.732 2,282 West Michigan 17,799 6,639 Alaska 34 2,329 Minnesota 2,343 1,364 Arizona 2,906 8,531 Missouri 9,915 4,534 California 41.656 50.1 11 Nebraska 1,814 364 Colorado 2,739 3,369 North Dakota 422 166 Hawaii 8,111 Ohio 20,864 6,509 Idaho 566 1,294 South Dakota 1,047 415 Montana 394 1,129 Wisconsin 5,442 3,850 Nevada 928 3,771 New Mexico 1.324 1.324 Oregon 2.304 4,454 Utah 906 1,633 Washington 3,595 6.909 Wyoming 309 758

Note: Jail data are for June 30. 1983. All other are for December 31, 1985. 'Jail populations in States with consolidated jaillprison systems are included in prlson popu latlon counts. Source: Probation and parole 1985. BJS Bulletin, January 1987.

102 Report to the Nation on Crime and Justice CORRECTION NOTICE

--.---=----A- Page 103, bottom left corner * Map headline should read: About .3% of the juvenile population was in custody &1985 * Legend should read: The number of juveniles in custody per 10,000 age-eligible population

An estimated 95% of State prison How does the imprisonment rate More than 83,000 persons were inmates are either convicted in the United States compare in juvenile facilities in 1985 violent offenders or have a history to that of other countries? of prior sentences to probation, Number of juveniles jail, or prison Comparisons between the United States in public and other countries should be made and private Major factors in the decision to impose with caution because of differences facilities a prison sentence are the gravity of the in criminal justice systems, crime classifi- current conviction offense and the seri- cations, and data collection. United States, total 83,402 ousness and extent of the prior criminal Northeast history of the offender. For example, no event in the Federal Connecticut Republic of Germany corresponds spe- Maine Massachusetts In 1979- cifically to arrest. Their data include per- New Hampshire -For an estimated 58% of State prison sons suspected of crimes (less serious New Jersey inmates, conviction for committing a vio- than arrest) and persons formally New York charged with crimes (more serious than Pennsylvania lent crime led to their current incarcera- Rhode Island tion. arrest). Vermont *About a third of these violent offend- Estimated percent of arrested ers had previous convictions for a vio- adults who are convicted Midwest and incarcerated for - Illinois lent offense and 3 of 4 had at least one Indiana prior sentence to probation, jail, or ---Robbery Burglary Theft* Iowa Kansas prison. United States 49% 35% 18% *Nearly 9 of 10 of the prisoners con- Michigan Canada 52 23 14 Minnesota victed of a nonviolent offense had at Missouri least one prior sentence to probation, England Nebraska jail, or prison. and Wales 48 30 14 North Dakota Ohio Federal South Dakota Overall, about 5% of State prison Republic Wisconsin inmates had a current conviction for a of Germany 23-58*" South nonviolent crime and had no previous . . .Not available. Alabama sentences to probation, jail, or prison. 'Includes burglary and auto then. Arkansas "Because no event like arrest exists here, this range Delaware Nearly half of these first-time, nonviolent represents the percent of those suspected of crime and the offenders were in State prison for con- percent of those formally charged with crimes. District of Columbia Florida viction offenses of burglary or drug Source: lm~risonmentin four countries. BJS Special Report. Georgia trafficking and about a third had two or February 1987. Kentucky more current conviction offenses. Louisiana Maryland North Carolina About 3% of the juvenile population was in custody in 1985 Oklahoma South Carolina Tennessee Texas Virginia West Virginia West Alaska Arizona California Colorado Hawaii Idaho Montana Nevada New Mexico Oregon Utah Washington

Note: Data on juveniles are for February 1. 1985. An addi- L Number of juveniles in custody per tional 2,112 adults were held in juvenile facilities. Data from Mississippi and Wyoming are not shown to preserve con- fidentiality.

Less 20 to30 30 to 40 40 to 50 50t Source: Children ~n custody: Public juvenile faci1it1,es 1985, than 20 BJS Bullelin. October 1986. and Ch~ldrenin Custody, 1985, unpublished data. Sources: Children in custody: Public juvenile fac~l~ties1985, BJS Bulletin. October 1986. and Children in Custody 1985, unpublished dala.

Report to the Nation on Crime and Justice 103 What are the trends in correctional populations?

All correctional populations are growing Probation populations are growing at a faster rate than other Percent 1983 1984 1985 change in correctional populations Percent Percent Percent correctional Over the past several years, probation Correctional of adult of adult of adult populations population Number population Number population Number population 1983-85 populations have increased by more ------than 18% vs. about 15% in jail and Total 2,488,450 1.4590 2,705,525 1.56% 2,904,979 1.65% 16.7% prison populations and nearly 13% in Probation 1,582,947 .92 1,740,948 1.OO 1,870,132 1.06 18.1 the number of parolees. Nearly two- Jail 221.815 .I3 233,018 .13 254,094 .I4 14.6 Prison 437,248 .26 464.567 .27 503,315 .29 15.1 thirds of the total correctional population Parole 246,440 .14 266.992 .I 5 277,438 .16 12.6 was under probation supervision in the community at yearend 1985. Note: The following are est~matesof the resident population tion, parole, and prison are for December 31, and jail counts age 18 and older on July 1: 1983-171,332,000; 1984- are for June 30. Probationers 173,469,000;1985-175.727,OOO. Population counts for proba- were one of Source: Probation and parole 1985, BJS Bulletin, January 1987 every: 1983 109 adults 1984 100 The prison population is at an alltime high Thousand prisoners 1985 94

Since 1970 the number of local jails has declined by 17% and the number of inmates present on a single day has risen by nearly 40%

The reduction in the number of local jails reflects increasing consolidation of small jails into larger institutions, often serving more than one jurisdiction. In 1972 there were 113 jails designed to house 250 inmates or more; by 1983 there were 201 facilities of this size.

The number of jail inmates grew from 160,863in 1970 to 223,551 in 1983. The 1972 Jail Census found the number of jail inmates declined to 141,588. By the 1978 Jail Census, the jail population had begun to rise again to 158,394.This increase continued with the 1983 jail population reaching a peak since data The incarceration rate for the entire Inmates per 100,000 collection began in 1970. U.S. population is also at an alltime high U.S. population ,200 Perhaps the single most important feature of local jails is the rapidity of population movements. In 1978 about 6.1 million were admitted to local jails vs. about 8.1 million in 1983.

Source: State and Federalprisoners, 1925-1985, BJS Bulletin, October 1986.

104 Report to the Nation on Crime and Justice Why aye prison populations growing? Total admissions to prison reached The use of parole is declining an alltime high in 1984 State departments of corrections attrib- The methods by which persons are dis- ute the increase in prison population to Growth in admissions is due partly to charged from prison have changed dra- changes in sentencing laws and prac- the increase in conditional release viola- matically in recent years. The percent- tices that reflect greater interest in deter- tors returned to prison (mostly probation age of release decisions made by rence, incapacitation, and just deserts and parole violators). Among admis- parole boards declined from 72% in considerations; stricter law enforcement; sions to prison, conditional release vio- 1977 to 43% in 1985. growth in the number of persons in lators made up 5% in 1930, 19% in the high-risk age group (males ages 1970, and 23% in 1984. What are the trends in juvenile 20-29); and, in some cases, economic correctional populations? conditions. Court commitment rates have not been shrinking. The highest rate of court The total number of residents in juvenile The number of admissions to prison commitments (I01 per 100,000 adults in facilities has grown. Between 1974 and annually has increased relative the population) was reached in 1983. In 1985 the 1-day count of juveniles in cus- to both the number of serious 1930 it was 70; in 1970 it was 50. tody grew by 9010, and the average crimes reported to the police daily population grew by 6%. and the number of adult arrests Between 1979 and 1984 the number of inmates in State-operated, Most of the recent increase in popula- Between 1980 and 1984, for example, community-based halfway houses tion (1979-85) is accounted for by prison population increased by 41%, grew half as fast as the number growth in the number of delinquents commitments per 100 serious crimes of inmates in State prisons from about 49,000 in 1979 to about increased by 50%, commitments per 58,000 in 1985. The number of status 100 adult arrests for serious crimes Many States operate halfway houses in offenders has remained at 9,000 since increased 25% and the number of local communities. They do so to ease 1979, but the number of nonoffenders commitments increased 19%. Over the the transition for State-sentenced (dependent, neglected, or voluntary same period, the number of adults in prisoners from their confinement to their admissions) housed in these facilities the resident population increased by impending release. Between 1979 and has grown by about 21%. 9%. 1984 the number of residents of such halfway houses grew by 2,300, even From 1974 to 1984 admissions and dis- Since 1977 prison populations have though, during the same period, the charges to juvenile facilities both grown by more than two-thirds nationwide percentage of State- declined by 10%. Most of this decline sentenced prisoners residing in such resulted from declines in public facility By yearend 1985 the Nation's prison halfway houses declined from 4% to admissions (180) and discharges population exceeded 500,000 and was 3%. (1900). In privately operated facilities growing by 750 new prisoners a week. during this time, admissions increased During the preceding 5 years, Western In both 1979 and 1984 Southern States by 88% and discharges increased by States led the Nation, increasing their accounted for about half of the State- 102%. sentenced prison population by nearly operated, community-based halfway 90%. In Southern States, many under houses and for more than 60% of the Federal or State court orders to limit residents of such houses. growth and control crowding, inmate growth was 370/0. The prison popula- Between 1979 and 1984, while State tions growing most rapidly were in prison populations grew by nearly 450'0, Alaska (160%), Hawaii (129%), Nevada the number of residents of halfway (113%), New Hampshire (110%), Califor- houses grew by about 21%. nia (108%), and New Jersey (104%).

Report to the Nation on Crime and Justice 105 Confined offenders are housed Most jails are quite small *held in jail because of prison crowd- in three types of facilities and hold small numbers ing (there were more than 11,500 such of persons in custody persons in 1984) 0 Jails are operated by local govern- *convicted of probation or parole viola- ments to hold persons awaiting trial or Two out of three local jails were built to tions. generally those sentenced to confine- hold fewer than 50 inmates, but only 1 ment for less than 1 year. In seven juris- of 8 jail inmates reside in such facilities. It is estimated that in 1984 49% of all dictions (Vermont, Rhode Island, Con- More than half of all jail inmates are in jail inmates were convicted; the other necticut, Delaware, Alaska, Hawaii, and facilities built to house 250 or more 51% had not been convicted. the District of Columbia), jails are oper- inmates, but such places account for ated by the same authority that about 6% of all local jails. Annual jail admissions are nearly 36 administers the prison system. On June times the average daily population 30, 1983, 223,551 persons were held in Large jails are the most densely 3,338 local jails. The Federal Bureau of populated Perhaps the most important feature of Prisons operates Metropolitan Correc- local jails is the high volume of inmate tional Centers and Detention Centers The number of jail inmates often varies turnover. In the year ending June 30, that essentially function as Federal jails. between weekends and weekdays and 1983, the 3,338 local jails reported a -Prisons are operated by States and increases sharply after arrest sweeps by total of more than 16 million admissions the Federal Government to hold persons police. As a result, jail populations fluc- and releases. In the Nation, nearly sentenced to confinement for generally tuate more than those of prisons, so 44,000 jail transactions occur each day. more than 1 year; 4% of the Nation's that jails typically need more reserve prison inmates are serving sentences of capacity than prisons. Nevertheless, What are the staffing patterns less than 1 year or are unsentenced; unused bed space shrank between of local jails nearly 63% of such inmates are housed 1978 and 1983 as occupancy rose from 64% to 81%. Moreover, among large Full-time employees in Federal institutions or the 7 jurisdic- in local jails jails, where most inmates were housed, tions with consolidated prison and jail Inmate1 systems. On June 30, 1984, 381,955 occupancy rose from 77% in 1978 to Occupational staff persons were confined in 694 State 96% in 1983. Among regions in 1983, categories Number - ratio prisons. occupancy in large jails peaked at Community-based facilities are 102% of capacity in the West, 97% in Total 58,763 3.8 operated publicly or privately (under the Northeast, 96% in the Midwest, and Administrative 5,220 42.8 contract) to hold persons for less than 90% in the South. Custodial 41,876 5.3 24 hours a day to permit the offender Service 3,958 56.5 limited opportunities for work, school, or Jails house diverse populations Other 7,709 29.0 other community contacts. Such facilities Note: Data are as of June 30. 1983. are used for a variety of purposes Nationally, jails hold a mix of persons at Source: The 1983 jail census, BJS Bulletin. November 1984. including specialized interventions or various stages of criminal justice assistance (for example, drug or alcohol processing. treatment), graduated release from prison-usually prior to parole-or as a Among jail inmates are persons- sanction in lieu of prison or jail confine- awaiting arraignment or trial (the ment. On June 30, 1984, 13,354 u nconvicted) offenders were residing in 209 State- -convicted but awaiting sentence operated facilities and about 7,000 more -sentenced to prison but awaiting beds were in use in privately operated transport facilities.

106 Report to the Nation on Crime and Justice More than half the Nation's What are the characteristics Prisons employ about 1 staff inmates live in large prisons of State prisons? member for every 3 inmates

Percent Percent On June 30, 1984, the 694 State- Characteristics of prisons of inmates In 1984 more than 135,000 persons operated prisons held 381,955 inmates. --were employed full-time in the Nation's Southern States operated nearly 48% of Total 1000/0 1OOVo State prisons. Custodial staff made up these institutions, which held about 44% about two-thirds of all prison employees, Region of all State inmates. Large prisons, Northeast with about four inmates per custodial housing more than 1,000 inmates, made Midwest officer. Prisons in Maine, New Mexico, up 15% of all prisons but held more South Rhode Island, and Vermont reported the than half the Nation's prisoners. West fewest inmates per staff member; pris- Size ons in Alabama, Arkansas, Nevada, and Prisons are often classified Less than Ohio had the highest ratios of inmates 500 inmates 65 22 to staff. by the level of security 500-1,000 20 27 More than 1,000 15 51 Maximum- or close-custody prisons Since 1979 the number of full-time are typically surrounded by a double Custody level prison staff grew by nearly 45%. Cus- Maximum security 25 44 fence or wall (usually 18 to 25 feet high) Medium security 39 44 todial staff accounted for about 82% of with armed guards in observation Minimum security 35 12 the increase among all categories of towers. Such facilities usually have large employees. During the same period, Sex of inmates housed interior cell blocks for inmate housing All male 88 91 prison population increased at about areas. In 1984, according to self-reports All female 7 3 the same proportion as all staff. of superintendents, about 1 in 4 State Co-ed 5 5 prisons was classified as maximum Age of facility About 3% of State inmates live security, and about 44% of the Nation's Over 100 years 5 12 in State-operated, community- inmates were held in these facilities. 50-99 years 16 23 based facilities 25-49 years 22 18 15-24 years 14 13 Medium-custody prisons are typi- 5-14 years 23 20 On June 30, 1984, 13,354 offenders cally enclosed by double fences topped 5 years or less 20 15 residing in State correctional facilities with barbed wire. Housing architecture Not known - - were living in facilities that provided is varied, consisting of outside cell Note: Totals may not add to 100% because of rounding. regular access to the community for blocks in units of 150 cells or less, dor- - Less than 5%. selected offenders. These facilities, often mitories, and cubicles. In 1984, accord- Sources: Population density in State prisons, BJS Special referred to as halfway houses or ing to self-reports of superintendents, Report, December 1986. BJS 7984 Census of State Adun prerelease centers, generally are used 40% of all prisons were medium secu- Correctional Facilities, NCJ-105585. August 198z during the last 3-6 months of a State rity and 44% of the Nation's inmates sentence to provide for gradual reentry were held in such facilities. One in three prisons is at least 50 to the community from prison. Female years old and 43% of all inmates offenders make up about 4% of those Minimum-custody prisons typically live in such prisons in prisons and about 8% of those in do not have armed posts and may use community-based facilities. fences or electronic surveillance devices About one in five prisons is 5 years old to secure the perimeter of the facility. or less. This is indicative of the rapid The 209 community-based facilities are More than a third of the Nation's prisons construction of new prisons in recent generally small-about half hold fewer are graded by superintendents as years. More than half of all prisoners than 50 inmates. About 1 in 7 of such minimum-security facilities, but they are confined in prisons at least 25 years facilities is designed to hold both male house only about 1 of 8 inmates. This is old; about 1 in 8 lives in a prison that is and female inmates. indicative of their generally small size. more than 100 years old.

Report to the Nation on Crime and Justice 107 Prison crowding is a major issue in nearly every State

Recent growth in State and Federal the type of housing in which inmates In what kind of space are prison prison populations has been are confined (general housing or special inmates confined? substantial segregated housing that may be used Percent of for disciplinary confinement or protective inmates in general Between 1980 and 1985, sentenced custody). housing units with - prison populations grew by 52010, Less 60 or adding more than 150,000 inmates over The American Correctional Association's than 60 more the period. The sentenced population of accreditation standards specify that square square 34 States and the Federal prison system inmates held in single occupancy cells ---feet feet Total should have at least 60 square feet in grew by 50% or more. Among the Single occupancy 12% 18% 30% States with the fastest growth in prisoner the cell and should not spend more Hours confined per day: populations were Alaska (160%), Hawaii than 10 hours per day in the cell. For Less than 10 hours 8 12 20 (12900), Nevada (113%), New Hamp- inmates housed in multiple occupancy 10 or more hours 5 5 10 shire (110%), and California (1080/0). cells, the standards recommend 50 Multiple occupancy 49 21 70 square feet per inmate and confinement Hours confined per day: Growth of this magnitude has been diffi- for no more than 10 hours per day in a Less than 10 hours 32 15 47 cult for many jurisdictions to accommo- housing unit. 10 or more hours 17 6 23 date. Planning, funding, siting, and Total 62% 38% 100% building a facility and acquiring trained Other factors are often cited as being Note: Special housing is excluded because, by definition. staff may require 5-7 years before the involved in crowding, such as the inmates in such housing generally are kept in their housing opening of a new facility. Between 1979 amount of privacy and security provided units and are not eligible to participate in regular prison pro. and 1984, 5.4 million square feet of inmates and the ability of the facility to grams. housing space was built, an increase of provide adequate food, basic health Source: Population density in State prisons, BJS Special 29% over the 1979 level. However, most care, recreational opportunities, and Report. December 1986. States and the Federal Government other types of programs. continue to operate in excess of their capacities.

Various measures are used States vary widely in the amount of housing space to assess crowding available to State prison inmates

Some of the most commonly used Average square feet per inmate measures of crowding are- Less than 50 50-59 60-69 * whether inmates are in single or multiple occupancy units Norih- east Maine 49.9 Massachusetts 59.5 New York 66.2 the amount of space available per N. Hampshire 42.1 Pennsylvania 51.6 New Jersey 64.7 inmate (usually expressed in square Connecticut 50.2 Rhode Island 64.3 feet) Vermont 60.1 how long prisoners are confined in Mid- west S. Dakota 49.7 Illinois 57.2 N. Dakota 69.1 Wisconsin 70.4 the housing unit and how long they Missouri 48.6 Ohio 53.7 Minnesota 66.5 spend, for example, in recreational or Kansas 40.6 Indiana 52.3 Michigan 66.2 work areas Nebraska 61.7 Iowa 61.2

South Maryland 48.7 Alabama 59.5 Virginia 66.9 Arkansas 75.7 Delaware 87.8 S. Carolina 46.3 Tennessee 55.9 Oklahoma 66.7 W. Virginia 73.1 DC. 84.4 Texas 39.9 Florida 55.4 Louisiana 72.5 Georgia 81.0 N. Carolina 55.3 Kentucky 71.5 Mississippi 50.0

West Californ~a48.0 Montana 56.3 Utah 64.8 Ar~zona75.6 Wyoming 89.2 Washington 47.6 Nevada 54.4 N. Mexico 75.5 Colorado 80.2 Oregon 46.5 Alaska 71.0 Idaho 46.3 Hawaii 37.6

Regionally Northeast 55.4 South 55.5 Midwest 56.9 West 54.1

Note: Table is based on 367,953 inmates in general and special housing on June 30. 1984. It excludes infirmary space and inmates housed in infirmaries.

Source: Data derived from Populalion density in Stale prisons, BJS Special Report, December 1986.

108 Report to the Nation on Crime and Justice Prison space varies by housing type Many States hold prisoners in local jails-because of prison crowding Units with the least amount of space in facilities built in 1885 or earlier per inmate tend to be - in facilities that house 1,000 or more At yearend 1985, 19 States reported occupied by two persons inmates more than 10,000 State-sentenced protective custody or disciplinary in facilities that house all males or inmates in local jails because of prison segregation units both males and females. crowding. Nationally, locally retained maximum security units State prisoners accounted for about 2% of the total prison population. States Percent of Percent Average inmates in Average number with the largest percentage of prison of all square feet multiple of hours per day inmates held in local jails were Loui- inmates per inmate occupancy confined to unit siana (2100), Mississippi (15%), Ken- tucky (14%), and New Jersey (12%). All prisons 100% 57.3 sq. R. 11.3 hours Together, these States account for 62% Number of persons per unit of the prisoners backed up in local jails. One inmate 34 68.2 12.3 2 24 34.4 11.o A number of States may release 3-5 3 45.8 11.3 6-49 16 63.9 10.7 inmates earlier than usual 50 or more 24 61.8 10.5 to control prison populations Housing unit use General housing 88 57.3 10.4 Generally, the three types of early Special purpose 9 57.1 19.9 release programs are- Other 4 128.2 15.0 * Emergency release-This permits Security designation jurisdictions to release inmates who are Maximum security 33 52.8 13.1 approaching the end of their sentences. Medium 45 57.1 10.8 Alaska, for example, allows early release Minimum 22 64.3 9.5 of nonviolent offenders within 4 months Age of facility of release. Wisconsin inmates may be Over 100 years 12 49.2 13.5 discharged early if they are within 135 50-99 23 58.9 11.5 days of release. 25-49 18 53.0 10.7 15-24 13 53.8 11.2 Sentence rollback-Nine States use 5-14 20 60.6 10.8 sentence reductions to achieve popula- 5 or less 15 64.9 10.6 tion control. Generally, this approach Size of facility requires a formal declaration that the 1-499 inmates 22 66.6 10.3 prison system is above its authorized 500-1,000 27 58.1 11.1 capacity and sentences of selected More than 1.000 51 52.7 11.8 inmates (such as first offenders or non- Facility houses violent offenders) may be reduced by All males 9 1 57.0 11.4 up to 90 days. Some States permit All females 3 64.7 9.9 reductions to be applied to the same Both 5 57.0 10.4 offender more than once during a term Note: Data refer to inmates in general and special housing Percentage may not total to 100 because of rounding of imprisonment. except under "Housing unit use" where "Other" is shown for comparison. Early parole-Eight States allow parole release dates to be advanced for Source. Population densrty in State prisons. BJS Special Report. December 1986 certain categories of offenders when the prison system is crowded.

Prisons with the highest densities Population densities were highest in Such programs may also entail a period hold about a quarter prisons in- of more stringent supervision by a of prison inmates * the Southern and Western States parole officer or participation in special larger institutions (more than 1,000 community-based programs. A prison is said to have the highest inmates) population density when more than maximum security institutions During 1985, 19 States reported nearly 400/0 of its inmates in regular housing male-only prisons 19,000 early releases under one or reside in less than 60 square feet for * the oldest prisons (more than 100 more of these approaches. more than 10 hours per day. More than years old). half of all prisons have no inmates in these conditions.

Report to the Nation on Crime and Justice 109 Juvenile offenders are housed in many kinds of facilities

More than 83,000 juveniles Juvenile facilities are classified Most juvenile facilities are small; were in custody during 1984 by the term of stay and type 80% are designed to house 40 of environment residents or less They were held in 3,036 public and private juvenile custody facilities that were Term of stay Number of facilities in operation in 1984. Such facilities Public and private include detention centers, training Short-term-facilities that hold Design capacity' combined Public Private schools, reception or diagnostic centers, juveniles awaiting adjudication or other --- shelters, ranches, forestry camps or disposition. Total 3,036 1,040 1,996 farms, halfway houses, and group Less than homes. Long-term-facilities that hold 10 residents 1,053 141 912 juveniles already adjudicated and com- 10-20 91 3 326 638 The range of facilities and programs; mitted to custody. 21 -40 464 226 207 the housing of delinquents, status 41 -99 387 174 193 100-199 146 114 32 offenders, voluntary admissions, and In 1985, 46% of public facilities and 9% 200 and over 73 59 14 dependent and neglected children in of private facilities were short-term; 54% 'The number of residenls a facility is conslructed to hold the same facilities; and the participation of public facilities and 91% of private without double bunking in single rooms or using areas not of both the public and private sectors facilities were long-term. designed as sleeping quarters to house residents. clearly distinguishes juvenile corrections Source: Children in custody: Public juvenile facilities. 1985, from adult corrections. Type of environment BJS Bulletin. October 1986. and Children in Custody, 1985. unpublished data. Most juveniles in custody were Institutional-environments impose being detained or were committed greater restraints on residents' move- for a criminal offense ments and limit access to the commu- What is the staffing ratio nity. Most detention or diagnostic of juvenile facilities? Of the 83,402 juveniles held in public centers, training schools, and ranches and private facilities- are classified as having institutional Number of residents .11% were being held for a violent environments. per 10 staff members Public Private offense of murder, forcible rape, rob- - bery, or aggravated assault Open-environments allow greater All staff 9 8 23% were being held for the property movement of residents within the facili- Part-time 38 30 crimes of burglary, arson, larceny-theft, ties and more access to the community. Full-time 11 12 or motor vehicle theft Facilities with open environments mainly Staff function 4% were being held for alcohol or include shelters, halfway houses, group Treatment1 drug offenses. homes, and ranches, forestry camps, or education 49 40 farms. Youth supervision 22 24 Of the 25,451 nondelinquents held in Other 43 41 juvenile facilities- Most public facilities (65%) have institu- 35% were status offenders tional environments, but most private Source: BJS Children in custody: 1982/83 Census of Juve- n~leDetention and Correctional Facilities, September 1986. 36% were being held for other rea- facilities (8600) have open environments sons such as dependency, neglect, and abuse Most juvenile facilities 28% were admitted voluntarily. are private, but about three-fifths of the juveniles Public and private facilities are held in public facilities generally hold different types of juveniles Private facilities usually have open environments and are used for long- Almost all (93%) of the juveniles in pub- term custody. About 30% of all juveniles lic facilities either are- in custody are held in such facilities. detained pending adjudication Public facilities generally have institu- have been committed after a finding tional environments and are used for of delinquency for a criminal offense both short- and long-term custody. (about a third of the juveniles in private About 30% of all juveniles held are in facilities are in this classification). long-term institutional public facilities; another 18% are in short-term institutional public facilities.

110 Report to the Nation on Crime and Justice How many offenders return to criminal activity after they are released?

Assessing postcorrectional Measures of recidivism vary; more Over a 20-year period, an performance depends on long-term offenders are rearrested than estimated half of all releasees followup of prison releases reconvicted and more are will return to prison, most in the reconvicted than reincarcerated first 3 years after release Some indicator of a return to criminal activity is typically used to evaluate Percent of young parolees A study based on prisoner self-reports who within 6 years of postcorrectional performance. Rearrest, release from prison were - of how long it took them to return to reindictment, reconviction, and reim- Re- Recon- Reincar- prison found that 49% of all males prisonment measured over some period arrested -victed cerated released from prison could be expected of time after release from prison are to return within 20 years. 60% of those generally used to gauge the extent of All parolees 69% 49% returning reentered prison within the first success and failure (recidivism) Sex 3 years after release. The highest risk of associated with correctional programs. Men 70% 50% returning to prison was in the first year Women 52 36 after release. The unit of time selected and the level Race1 of criminal justice system penetration Ethnicity The number of prior arrests is (that is, more persons are likely to be White 64% 45% strongly related to the probability rearrested than reimprisoned) will sub- Black 76 56 Hispanic 71 44 of rearrest and reincarceration stantially affect judgments about the Other 75 63 after release from prison proportion of releasees failing or suc- ceeding after a correctional experience. Education Percent of Less than Number young parolees 12 years 71 0'0 51 Yo of arrests who within 6 years Moreover, conditionally released popula- High school prior of release were - tions (parolees) are subjected to super- graduate 61 43 to prison Re- Reincar- vision requirements that, if violated, may Some college 48 31 release arrested cerated result in a return to prison for noncrimi- Paroling nal conduct (such as curfew violation or offense 1 arrest 59% 42% failure to report to a parole officer). Violent 2 64 45 offenses 64% 39% 3 70 49 Murder 70 22 4 77 57 Most prison inmates Robbery 64 40 5 82 52 have prior convictions Assault 72 47 6 or more 93 72 Property Total 69% 49% offenses 73% 56% Inmate Percent of Source: Recid~vismof young parolees. criminal 1979 admissions Burglary 73 56 BJS Special Report. May 1987. history to ~rison Forgery1 fraud 74 56 Total 100% Larceny 7 1 55 Prior convictions 84% Drug offenses 49% 25% 1 19 Source: Recrdlvism of young parolees, 2 17 BJS Spec~alReport, May 1987. 3 11 4 9 5 6 6-10 15 Younger releasees have higher rates of returning to prisons 11 or more 7 Age at time Cumulative rates of return to prison No prior convictions 16% of prison by years after release from prison Source: Examining recid~vmn. release -1 year -2 years --3 years 4 years -5 years -6 years -7 years BJS Special Report, February 1985. 18-24 years old 21% 34% 41 010 45% 48% 49% 50% 25-34 12 21 28 33 37 41 43 35-44 7 14 18 22 26 30 34 45+ 2 4 6 8 10 11 12 All ages 14 23 29 34 37 40 42 Median age of those returning 23.5 yrs. 25.5 yrs. 26.3 yrs. 27.2 yrs. 27.8 yrs. 28.6 yrs. 32.4 yrs.

Source: Examinmg recidivism, BJS Special Report. February 1985.

Report to the Nation on Crime and Justice 111 Basic sources U.S. Department of Justice Bureau of Justice Statistics: BJS Bulletins- Children in custody: Public juvenile facilities, 1985, NCJ-102457, October 1986 Jail inmates 1983, NCJ-99175, November 1985; 1984, NCJ-101094, May 1986 Prisoners in 1984, NCJ-97118, April 1985; 1985, NCJ-101384, June 1986 Probation and parole 1984, NCJ-100181, February 1986; 1985, NCJ-103683, January 1987 State and Federal prisoners, 1925-85, NCJ-102494, October 1986 The 1983 jail census, NCJ-95536, November 1984 BJS Special Reports- Examining recidivism, NCJ-96501, February 1985 Imprisonment in four countries, NCJ-103967, February 1987 Population density in State prisons, NCJ-103204, December 1986 Prison admissions and releases, 1981, NCJ-95043. September 1984; 1983, NCJ-100582, March 1986 Recidivism of young parolees, NCJ-104916, May 1987 BJS Reports- 1984 Census of State Adult Correctional Facilities, NCJ-105585, August 1987 Children in custody, 1974, NCJ-57946, March 1980 Children in custody: 1982/83 Census of Juvenile Detention and Correctional Facilities, NCJ-101686, September 1986 Prisoners in State and Federal institutions on December 31, 1984, NCJ-103768, February I987 BJS Surveys- Census of State Adult Correctional Facilities, 1979 and 1984 Children in Custody, 1985 National Prisoner Statistics, 1930-84 Prison Census 1984 Setting Prison Terms Survey, January 1, 1985 Survey of State Prison Inmates, 1979 National Institute of Justice: Allen, Harry E., Eric W. Carlson, Evalyn C. Parks, and Richard P Seiter, "Halfway Houses," November 1978 Mullen, J., Privatization in corrections, Issues and Practices in Criminal Justice, GPO-01226-4, February 1985 Other sources Manual of standards for adult correctional institutions, Commission on Accreditation for Corrections (Rockville, lvld.: American Correc- tional Association, 1977)

112 Report to the Nation on Crime and Justice Chapter V The cost of justice

Sue A. Lindgren

This chapter reports the costs of the criminal justice system and the relationship of justice spending to other government outlays. The data from this chapter answer such questions as- How much does crime cost? What portion of total government spending goes for criminal justice? What level of government spends the most for criminal justice? For police protection? For prosecution, legal services, and public defense? For the court system? For corrections? How much does each State spend per capita for its justice system? What is the impact of private sector involvement in the criminal justice system? What percentage of total government spending has been used for police over the past 80 years and for corrections over the past 30 years? Has government spending for justice functions increased over the past two decades even when inflation is considered? Invaluable contributions to this chapter What do justice dollars buy? How much were made by Diana M. Cull, Alan R. does it cost to bring an offender to jus- Jones and John Curry of the Govern- tice? To keep a person in prison or on ment; Division of the Bureau of the probation? How much does it cost to Census; Hendrick J. Harwood of the build a prison? A jail? Research Trianale Institute: David Levin of the Bureau if ~conomicAnalysis; Colin Loftin, Ruth Triplett, and Brian Wiersema of the Institute of Criminal Justice and Criminology at the Univer- sity of Maryland; Joseph J. Bobek, Administrative Office of the U.S. Courts; Mary E. Orem of the National Center for State Courts; Howard Safir of the U.S. Marshals Service; and the Public Infor- mation Office of the Bureau of Prisons. Overall guidance was provided by the members of the Methodological Review Panel of the Committee on Law and Justice Statistics of the American Statisti- cal Association (Alan Gelfand, University of Connecticut; S. James Press, Univer- sity of California at Riverside; Peter Reuter and John Rolph, The RAND Corporation; Jack Triplett, Bureau of Labor Statistics; and George Wood- worth, University of Iowa).

Report to the Nation on Crime and Justice 113 How much does crime cost?

The total cost of crime to society and acquired by another, but they drug-related crimes, property damage has been estimated, but remain within society. For example- by drug users, and lost employment of the actual figure is unknown * The dollar value of cash and property crime victims). lost through robberies, burglaries, theft, -Social welfare expenditure such as There will never be a simple, single embezzlement, and fraud is 'Yrans- disability payments, unemployment com- answer to the seemingly simple ques- ferred" to the offender. pensation, workers compensation, pub- tion, 'What is the total cost of crime to Additional costs of goods and serv- lic assistance, and food stamps resulting societp" Some estimates have been ices to consumers are charged by from drug abuse were estimated at made. For example, Wharton Economet- manufacturers and retailers to cover another $115 million. ric Forecasting Associates, Inc., recently their losses from crime. -Health care services related to drug estimated the total gross receipts from Income tax evasion victimizes the abuse and drug abuse treatment pro- criminal activity to be between $26.9 bil- government and other taxpayers who grams cost an additional $2 billion, and lion and $136.9 billion in 1986 dollars.1 must pay higher taxes as a result. medicare reimbursements resulting from Where the actual total lies within this drug abuse were $100 million. $110 billion range is unknown because A third type of economic cost of crime many of the component costs cannot to society occurs in what is often called Credit and charge card fraud may be measured directly. the "underground economy." This con- cost as much as $500 million according sists of consensual crimes where both to Federal Trade Commission 1984 Although fairly accurate figures exist for parties agree to participate in the illegal estimates.5 some of the component costs of crime, activity. Examples of the underground many of the components cannot easily economy are illegal gambling, prostitu- Automated teller machine fraud in be measured. tion, drug purchases, knowingly buying 1983 lost banks between $70 million Some costs are difficult to measure, stolen property, and so on. and $100 million, a BJS study such as the higher costs for consumers estimated.6 from organized crime involvement in Some costs of crime legitimate industries. have been measured Counterfeit notes and 'currency val- Other costs of crime are difficult to ued at a total of $71.8 million by the US. quantify, like the pain and suffering of Most estimates of the total cost of crime Secret Service either were passed to crime victims, their families and friends. to society are made by summing esti- the public or were seized before they * Many crimes are undetected, such as mates of its individual components. could be passed.' Of this, close to $64 successful fraud, embezzlement, and Some of these recent estimates are- million were seized before they could be arson-for-profit. circulated, but $7.8 million found their Some crimes go unreported because * Personal crimes of violence and way into general circulation. victims are afraid to report (blackmail), theft and the household crimes of are embarrassed (con games), or are burglary, larceny, and motor vehicle Drunk driving caused motor vehicle involved in the illegal activity (gambling). theft cost their victims $13 billion in crashes costing $13.2 billion in 1983 1985. according to Research Triangle lnstitute What would be included in the -In 1981 most losses were from theft estimates8 total cost of crime to society? of property or cash (92%); 6% were from property damage and 2% from Federal income tax evasion was esti- Some of the direct costs of crime medical expenses2 mated by the Internal Revenue Service include- -$3.9 billion (36% of all losses) were at $81.5 billion in 1981, including failure * medical costs because of injuries recovered or reimbursed within 6 to report income and overstatement of suffered in victimization months after the offense. deductions.9 lost productivity because of death and medical or mental disabilities Net losses from robbery, burglary, * Private security costs for 1980 were resulting from crime and larceny of banks was estimated at estimated to be $21.7 billion by Security time lost from work by victims $37 million in 1982 by Abt Associates, World magazine.10 of crime Inc., using FBI data.3 The losses from damage to property commercial robberies and burglaries * The criminal justice system cost the lower property values because can be estimated using FBI data at $1.1 Federal, State, and local governments of crime in the neighborhood billion in 1982. $45.6 billion in 1985, according to the cost of operating the criminal BJS.11 justice system * Drug abuse costs to American soci- the costs of private security services ety were estimated by Research Triangle and devices, such as locks and burglar Institute to be $59.7 billion in 1983:4 alarms. -Half the cost is in lost productivity by drug users. In addition to direct costs, "involuntary -A third is crime-related (the cost to transfers" occur when resources are the criminal justice system and the pri- taken from one person or organization vate security industry attributable to

114 Report to the Nation on Crime and Justice How much does government spend for justice?

In 1985 less than 3% of all - government spending was for 'olice and corrections account for a small portion criminal and civil justice )f government spending

Of this amount- Federal, State, and local spending * 1.4% was for police protection for selected government functions, 1985 .80/0 was for corrections Purpose of expenditure Billion dollarsa .6% was for judicial services, such as courts, prosecution, and public defense. Mainly Federal: Federal $284.6 By long tradition in this country, criminal Insurance trust expenditure State 37.9 justice is primarily a function of State Social security Local 6.3 Unemployment compensation and local governments. In examining Worker's compensation how much is spent to maintain criminal Public employee retirement justice systems throughout the Nation, it Veterans life insurance is useful to compare criminal justice expenses with all government expenses- National defense and international relations 100% Federal Federal, State, and local-to give an overall picture of how tax dollars are spent.

The estimated 2.9% of all spending for criminal and civil justice services by all levels of government in 1985 compares with about- * 21% for social insurance payments 18% for national defense and interna- Mainly local: tional relations Federal $28.0 Education State 128.6 13% for education Local 139.2 11% for interest on the debt 7% for housing and the environment Mainly Federal: 6% for public welfare Federal $140.3 4% for hospitals and health care Interest on general debt State 15.0 3.6% for transportation Local 17.4 0.5% for space research and technology.

State and local governments spend a larger share of their total budgets for criminal justice than the Federal Government Environment and housing Mainly Federal In 1985 less than 1% of Federal spend- and State: ing was for justice activities, compared Public welfare Old age assistance; Aid to families State 67.3 with 5% of State spending, 13% of with dependent children; Aid to the blind; Local 18.2 county spending, and 10% of municipal Aid to the disabled: General relief spending. Hospitals and health Transportation The Federal Government proportion is Mainly State lower than that of other governments and local: Police, judicial services, and correctionsb Federal $6.4 because- State 16.3 * it has jurisdiction over only a small Local 27.4 portion of civil and criminal cases Postal service it has sole responsibility for national defense and international relations, Space research and technology which consumed 28% of its expenditures in 1985 aDoes not include $187.8 billion in seven addi- b~hisis the amount reported in source; it differs it is almost solely responsible for tional categories-see source for itemization. from the amount in the primary source used in Detail by level of government does not equal the rest of this chapter. Social Security and other social insur- totals because duplicative intergovernmental ance payments, which accounted for an amounts are excluded from totals. additional 28% of its 1985 expenditure. Source: Governmental finances in 1984-85, US. Bureau of the Census.

Report to the Nation on Crime and Justice 115 Patterns of justice financing and spending highlight the different responsibilities at each level of government

State and local governments State and county shares 15% for courts pay 88% of all government costs of justice system costs 5% for prosecution and legal services for criminal and civil justice are increasing 2% for public defense.

1985 justice Between 1971 and 1985 the share of Of State government spending for cor- Level of expenditure total government spending for criminal rections, 84% was for the construction, government (billions) and civil justice by- operation, and upkeep of correctional Local $25.3 * States rose from 26% to 32% institutions (including 13% for capital State 14.7 Counties rose from 20% to 23% outlays);l* 10% for probation, parole, Federal 5.7 Federal agencies rose from 12% to and pardon programs; and 7% for Total' $45.6 13% other correctional activities. 'Does not add to total Municipalities fell from 42% to 32%. because of rounding. Corrections spending accounted This change is due mainly to State and for 3% of all State government The dominance of State and local county governments taking responsibility spending in 1985 governments in justice spending shows for justice functions that had been car- clearly that they, not the Federal ried by other levels of government. For In 35 States, between 2% and 4% of all Government, have primary responsibility example, several States have set up a State spending was for corrections for criminal justice in this country. system of State courts that replaced costs, such as the operation, main- some county and municipal courts. The tenance, and construction of prisons Spending by local governments States' share of total government spend- and halfway houses and running proba- exceeds that of State governments ing for courts rose from 23% in 1971 to tion and parole programs. because municipalities have the main 37% in 1985. The increased shares for responsibility for police protection, States and counties also reflect large Of State government spending- which accounts for 48% of all justice increases in correctional costs borne by * 33% was for education spending. In fact, municipal spending those levels of government. 17% for public welfare for police alone amounts to 27% of all 10% for transportation and highways justice spending in the country. Cities and towns spend 8% for health and hospitals most of their justice dollars 5% for justice for police protection 4% for interest on debt The dominance of municipal 3% for the environment and housing. spending for the justice system In 1985 cities, towns, and townships is diminishing spent- Counties spend the most Percent of direct government * 83% for police for court-related functions spending for the justice system 7% for corrections - 4% for courts Counties spent $3.5 billion (35%) of the * 4% for prosecution and legal services total of $10.1 billion spent in 1985 by all .6% for public defense levels of government for courts, prose- .2% for all other justice activities. cution, legal services, and public defense. State governments spent 32% Per capita costs for police of the total; the Federal Government, protection are higher for 20%; and municipalities, 14%. While large than for smaller cities county governments contribute the most to court-related functions, these func- The per capita spending for police protection varies by city size: tions do not dominate county justice spending to the extent that police pro- 1985 per capita tection dominates municipal spending 1980 spending for city size police or corrections dominates State spending. 50,000 to 74.999 $ 75.51 75,000 to 99,999 81.29 In 1985 counties spent- 100,000 to 249,999 88.88 * 34% of all their justice dollars for 250,000 to 499,999 107.72 500.000 and more 134.45 court-related functions (20.8% for courts, 9.6% for prosecution and legal services, State governments spend more and 3.3% for public defense) than half their justice dollars - 35% for police protection, usually on corrections county sheriffs or police 1971 1975 1980 1985 * 31% for corrections, primarily jails. Data for 1980-84 are estimates as no data were collected in those years. In 1985 State governments spent- Source: BJS Justice expenditure and employment * 55% for corrections in the U.S., 1971-79 and 1985. - 22% for police protection 116 Report to the Nation on Crime and Justice In most States, local spending for justice exceeds State 48 cents of every justice dollar is spent for police protection government spending

Percent distribution Police of direct iustice spendina 48.3% Local

-County - Municipal -State US. total 37% Alabama Alaska government I I Arizona Arkansas California County Corrections government -.28.6%. Colorado Connecticut Delaware 1 police COU,S are mainly ~rotection a State and county Florida Georgia Corrections Hawaii is primarily Idaho a State function Illinois Municipal Indiana government Public defense Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Note: An additional 1% of expenditure was for other functions Michigan Source: BJS Justice expenditure and employment in the U.S., 1985. Minnesota Mississippi Missouri Criminal justice services are State and local governments used Montana funded predominantly by taxes close to $1 billion from the Federal Nebraska raised in the jurisdiction where Government for criminal and civil justice Nevada the services are performed in 1985. New Hampshire New Jersey * Local governments received close to In addition to taxes, other sources of $1.4 billion from their State govern- New Mexico revenue are also used for justice serv- ments; this included an unknown New York North Carolina ices. These include bond proceeds, amount of Federal funds that were North Dakota fees and fines, forfeiture of assets in being "passed through" the State Ohio criminal cases, and unrestricted State government.13 Oklahoma aid such as sales tax distributions. State governments received $113 mil- Oregon lion from local governments in their Pennsylvania Governments also receive "intergovern- States. Rhode Island mental payments" from other govern- Local governments received $255 mil- South Carolina ments. Such payments move in many lion from other local governments. South Dakota directions. They may be payments from These payments were mainly reimburse- Tennessee the Federal Government to a State or ments for services such as those per- Texas Utah local government, from a State govern- formed when a county provides police Vermont ment to a county or city, from one local protection for a city. government to another, or, more rarely, Virginia Washington from a State or local government to the West Virginia Federal Government. Wisconsin Wyoming

Source: BJS Just~ceexpendrlure and employment In the US.. 1985. forthcom~ng.

Report to the Nation on Crime and Justice 117 Private sector involvement in the criminal justice system is growing

Governments are making greater Privatization in criminal justice often refers to private sector use of the private sector to involvement in corrections perform criminal justice services Historical background Using the private sector to perform functions once performed by the public Contracting for services-A government Contracts for correctional services and pro- sector is known as "privatization," a agency enters into a contract with a private grams have been used for many years and word not well known outside of govern- firm to provide a service. Contracts are used are quite common. George and Camille for food, laundry, or medical services for a Camp found that such contracts were used ment, where it has been used for correctional institution; education or voca- more by juvenile than by adult facilities. They several years. In 1983 it was added to tional training for inmates; and staff training. also found that most adult and juvenile cor- Webster's ninth new collegiate dictionary rectional facilities plan to expand their use of as a derivative noun of "privatize," private contracts for specific services. defined as ''to make private, esp. to change (as a business or industry) from Prison industries-A government agency In the early 19th century the private sector public to private control or ownership." enters into an agreement with a private firm was the most frequent employer of convict to operate an industry or business within the labor. Opposition from rival manufacturers Historically, many criminal justice func- prison using inmates as employees. As of grew until the Great Depression, when, cou- January 1985, Sexton et al. identified 26 pled with concern about the treatment of tions, including law enforcement and projects with private sector involvement in prisoners, Congress and many State legisla- prosecution, were performed by the pri- State-level prison industries, including: tures passed laws that resulted in a decrease vate sector. With the advent of public Hotel and motel telephone reservation sys- in this practice. By the 1970s, prison indus- policing and prisons in the 19th century, tems located inside of prisons, through which tries came to be viewed as State-supported many criminal justice function: became inmates answer the phones and make reser- vocational training programs to rehabilitate responsibilities of government. However, vations for customers who do not know they inmates while, at the same time, providing governments have long used the private are talking to a prisoner. some revenue for the State. Currently, the sector to perform certain functions, and Factories installed in the prison and role of the private sector in prison industries this practice has been increasing in managed by private sector employees who is being reexamined and expanded. supervise the prison inmate 'factory workers." recent years. A 1985 survey of State These factories manufacture various items, general services officials by the Council including office furniture and computer of State Governments showed that most equipment. States contract with private firms for legal, medical, engineering, and technical professional services. Such State and local government spending for private sector services grew from $27.4 billion in 1975 to $66.8 billion in 1980 and to $81 billion in 1982.

Private firms and individuals perform services in all and develop evidence and testify in Private prisons have become one criminal justice sectors court. of the most hotly debated issues * Courts and other justice agencies hire in criminal justice today Criminal justice agencies often con- private attorneys to represent indigent tract with private firms to provide defendants. Supporters of private prisons point to janitorial, food service, medical, training, Private process servers deliver sub- other areas that have been "privatized" computer support, and similar services. poenas and other court documents. as models, including hospitals, health Corporations, retail establishments, Courts use private firms to provide care, and nursing homes. These propo- and governments hire private police to stenographic and transcription services nents argue that- provide security in the workplace, at for trials. The private sector can more quickly residences, and in shopping areas. (See Courts place persons who appear in and cheaply build prisons and ease chapter IV for a detailed discussion of proceedings before them in private overcrowding by avoiding bureaucratic private security.) treatment programs, sometimes as a red tape and the need for voter Arrested persons often use private bail condition of probation and sometimes approval for financing prison construc- bondsmen to obtain money to gain as a final disposition. Juveniles in partic- tion. release from detention pending trial. ular are likely to be placed in private The private sector can more quickly Prosecutors and defense attorneys facilities. implement new ideas and programs to hire private expert witnesses to assess better perform correctional functions.

118 Report to the Nation on Crime and Justice Historical background reducing services to a point at which inmates, guards, and the public were Private sector financing of prison A more recently developed form of privatiza- endangered? construction-A private firm provides the tion of corrections is private sector financing funds needed to build a correctional institu- of prison and jail construction. Traditionally, What options would a government tion and signs a long-term agreement to prison and jail construction has been with no facility of its own have if it lease the institution to the government. financed with a government's current operat- became dissatisfied with the perfor- Mullen found that these financial arrange- ing funds and general obligation bonds. The mance of the private firm? ments were being seriously considered in a use of current funds avoids having to pay Is it appropriate for the government to number of States in 1984 and had been interest, but it can become problematic if circumvent the public's right to vote to used for a $30.2 million jail and sheriff's facil- cost overruns exceed available cash. General increase debt ceilings? ity in Colorado, a $50 million jail in Philadel- obligation bonds require the payment of phia, a $5 million jail in Tennessee, and a jail interest and the approval of the voters, who So far, not enough private facilities have and criminal justice training center in Los may balk at the prospect of the high costs of been in existence long enough to com- Angeles. prison construction. Private sector investment avoids some of these difficulties. By signing a plete the evaluations needed to answer long-term lease/purchase agreement with the the questions that have been raised. It private investors, the government needs only is clear, however, that the issues will to pay the "rent" for the institution. As attrac- continue to be debated and that more tive as this concept may seem, issues have and perhaps other types of private facili- been raised about it because it circumvents ties will open in the future. the public approval process. Many States are pondering private Private facility ownership and operation- Private prisons, or "prisons for profit" as they sector options in corrections, but A private firm locates a site, builds a prison are called by some, are another recent con- (or remodels an existing structure), and runs cept in private sector involvement in correc- few have opened private facilities the prison on a day-to-day basis under con- tions. Like private sector financing of prison tract with the government. The government construction, it avoids some of the problems The issues that have come up about pays the firm for all expenses under a con- corrections officials have encountered in privatization of corrections are being tract, in many cases being charged a daily locating prison sites and gaining voter debated in correctional departments, fee for each inmate. This type of arrange- approval for construction of correctional insti- governors' offices, and State legislatures. ment has been used by the Federal Govern- tutions. Again, like private sector financing, A survey of State legislative staff to iden- ment to house illegal aliens and youthful issues have been raised about this particular tify the issues that would take prece- offenders, by a few local governments for form of ~rivateinvolvement in corrections. dence during their 1986 legislative ses- jails, and by State and local governments for juveniles, halfway houses, and small sions found that 18 of the 29 States minimum-security facilities. Despite the will- responding reported that one or more ingness of private corrections firms to oper- aspects of privatization of corrections ate large, maximum-security prisons, State will be a major issue for legislative governments have moved slowly in this area. attention during 1986.14

Number The private sector can perform correc- Who would be legally liable in the Privatization aspect of States tional functions more efficiently and less event of law suits? expensively than the public sector. Who would be responsible for main- Contracts for services 11 Private financing 10 taining the prison if the private Operationlmanagement of- These arguments are appealing to employees go on strike? adult facilities 9 government officials faced with increas- Would a private company have the juvenile facilities 7 ing prison populations and limited right to refuse to accept certain types of Prison industries 6 resources for corrections, but there are inmates, for example, those with AIDS? Number of States responding 29 a number of legal and ethical issues If a private firm went bankrupt, who that are causing them to proceed would be responsible for the inmates Between 1980 and January 1, 1986, 13 cautiously: and the facilitp private jails and prisons opened in 9 States. Seven of these were under con- Can the government delegate its 0 Could a private company reduce staff powers to incarcerate persons to a salaries or hire nonunion members as a tract to the US. Immigration and Nat- private firm? way of reducing costs? uralization Service. The total capacity of Can a private firm deprive persons Would the "profit motive" operate to these institutions (1,910 beds) represents of their liberty and exercise coercive the detriment of the government or the about a quarter of 1% of the total incar- authority, perhaps through use of inmates, either by keeping inmates in cerated adult population. deadly force? prison who should be released or by

Report to the Nation on Crime and Justice 119 What are the trends in justice spending?

Governments adjust spending patterns in response to changing During this century, the police and corrections shares of State needs of society and shifts in the and local spending have not fluctuated as radically public's demand for services as the shares for some other government functions M Correction's share of State and local spending has increased by more than 75010, from 1.3% to 2.3010, since 1952, Percent of total when data first became available. In the general governmental first half of the current decade alone, spending this share has grown by a third, from 1.7% in 1980. Such dramatic changes are not seen in spending for police pro- 25 tection, which fluctuated between 3% and 5% of all State and local general I spending during 1902-85. Police protection, however, is primarily the function of municipal governments. Cities of more than 50,000 population devoted Public welfare 15% of their total spending for police in 1985, after gradually increasing their spending from 12% in the 1950s. Health and Education's share of total general spending by State and local govern- --. ments grew from 25% in 1902 to about 40% in the 1960s as the post-World War I. II babies moved through the public I - - - - ' Corrections school system. But by 1985, education's - share had dropped to a 25-year low of Sources: Historical statistics of governmental finances and employment: Census of governments, 35%. 1977 and 1982. Governmental finances in 1979-80 and 1984-85, US. Bureau of the Census.

The impact of the Great Depression and resulting social insurance programs can Per capita spending by State and local governments for police be seen on spending for public wel- and corrections increased more rapidly than for some other fare.15 In 1927, 2% of all general spend- government functions during the past quarter century ing by State and local governments was for welfare. Five years later it had nearly Per capita spending in constant 1985 dollars* tripled; it peaked at close to 13% in 010 change 1960 1965 1970 1975 1980 1985 1960-85 1950. During the 1950s and 1960s it ------leveled off at 8-9010 of government Education $517 $588 $710 $807 $824 $807 +56% spending; these were years of relatively Public welfare 95 120 209 268 292 300 +216 strong economic growth and low unem- Hospitals and ployment. By the 1970s, welfare began health care 95 113 148 182 193 208 +I19 Highways 239 260 247 204 189 189 -21 consuming a larger share of State and Policeprotection 51 58 70 83 82 88 +73 local spending as the economy wor- Corrections 17 21 25 32 38 54 +218 sened and increasing numbers of older Americans became eligible for Medicaid I 'See technical appendix for details on methodology used to produce constant dollars. benefits. This percentage has remained Sources: Historical statistics of governmental finances and Governmental finances in 1979-80 and 1984-85, U.S. relatively steady since 1980, ranging employment: Census of Governments, 1977 and 1982. Bureau of the Census. from 12.8% to 13.3%.

During 1960-85, per capita spending spending for corrections has grown by State and local general spending, grew faster for corrections 42%, compared with 7% for police pro- $2,321 per capita in 1985, included- than for police protection tection. Since 1960, spending for public * $807 for education welfare grew by 216%; hospitals and $300 for welfare In constant dollars, State and local health care, by 119%; and education, $208 for hospitals and health care spending per capita for corrections by 56%; highway spending declined * $189 for highways grew during 1960-85 by 218% while by 21 010. 16 $88 for police protection the growth rate for police protection was $54 for corrections only a third of this, or 73010. Since 1980, $675 for all other functions.

120 Report to the Nation on Crime and Justice All spending for criminal and civil Other criminal justice functions like State and local spending justice rose steadily until 1976, planning, information, and communica- for all justice functions then leveled off, resuming growth tion systems that serve more than one increased from 1971 to 1985 in the early 1980s criminal justice function and general Constant (1985) Change criminal justice training programs tripled dollars per capita (1971-85) In constant 1985 dollars State and local between 1971 and 1976, before leveling per capita spending for justice grew at off in 1977, and falling close to the 1971 an annual average of 3% between 1971 level in 1985. This pattern reflects the and 1976. Between 1976 and 1979 it impact of the rapidly increasing Law grew by less than .25% a year. Enforcement Assistance Administration Between 1978 and 1979 it fell by 1.8%. block grant program in the early 1970s Since 1979 its rate of growth has been and its demise in 1979-80. about 1.3% per year on average. By 1985 per capita spending was $167. Since 1979, spending rose faster for corrections than for any Per capita spending for- other justice function, while * Police grew steadily until 1976, fell in spending for police fell 1977, rose slightly in 1978, and fell again in 1979. By 1985 police per capita Between 1979 and 1985 per capita spending was at $80.62, an 11-year low. spending in 1985 constant dollars for- All court-related functions grew * corrections grew by 34.1% steadily until 1976; but court spending public defense grew by 24.7% leveled off in 1977, and then again grew prosecution grew by 6.8% slightly until reaching $33.81 per capita courts grew by 0.2% in 1985. police protection fell by 1.5% overall, Corrections grew steadily until 1978, but it grew for cities with populations slowed in 1979, then rose by 34% of more than 50,000 between 1979 and 1985, when it other justice functions fell by 40.2%. reached $51.64 per capita. See technical appendix for inflation adjustment factors. Source: Expenditure and employment data for the criminal justice system, 1969-70; BJS Justice expenditure and employment in the U.S., 1979 and 1985.

Cities over 50,000 population increased spending for police services between 1946 and 1985 Constant (1985) In cities with populations of more than doliars per capita 50,000, per capita spending for police grew rapidly in the 30 years between I $13' 1946 and 1976, then growth leveled off, and, in some cases, declined. Populations of cities in thousands 500+fl Beginning in the early 1980s, however, $100 growth in city spending for police resumed, reaching levels close to those prevailing in the mid-1970s. Over the period, police spending grew faster in larger than in smaller cities of this group. $50 Percent change 1980 city size 1946-85

500,000 or more 186.8% 250.000-499.999 193.1

See technical appendix for inflation adjustment procedures. Source: "City police expenditure data: 1946.1985; compiled from US. Bureau of the Census surveys of government finance, 1946-85.

Report to the Nation on Crime and Justice 121 What factors are related to per capita spending?

Many factors are believed The Northeast and West lead the Nation in justice costs per capita to affect how much a State spends for criminal justice

Some States may need to spend more on justice activities because they have a more serious crime problem than others. The citizens of some States may express greater concern about crime than those in other States and convince their elected officials to assign higher priority to funding criminal justice than to other government activities such as education or transportation. Some States are "richer" than others, having a larger tax base from which to fund government activities. The citizens of some States may be more willing than those in other States to tax themselves to fund governmental programs in general.

Per capita justice costs vary by State from less than $100 to as much as $592

State and local governments spent an $100 average of $167 per capita for justice Source: Justice expenditure and employment. 1985, BJS Bulletin. March 1987 services in 1985.

In 1985 State and local governments in States with high crime rates tend to have high expenditures for criminal and civil justice Arkansas, Maine, Mississippi, North Dakota, and West Virginia spent less than $100 per capita for justice services; Per capita spending for criminal and civil justice Alaska spent $592; New York, $293; and Nevada, $244. 0 New York Regional variation is also evident. Per capita spending for justice was- I 0 Nevada * $208 in the Northeast 0 California New Jersey l$205 in the West b Arizona Wyoming 0 l$140 in the South Delaware 0 ocEi:an>New Mexico 0 Florida $140 in the Midwest. Wisconsin 3 0 ‘. Virginia\. 1 \Colorado Pennsylvama Wllinois .'oregon 0 New Hampshire-. \. Utah 0 Texas l -~eorgia Kentucky zee South ~akota> l4 l \ west Virginia ;/' r y~~~~~ South Carolina North Dakota Missislsippi Arkansas

01 I 0 1,000 2.000 3,000 4.000 5,000 6.000 7,000 8,000 9.000 UCR index crimes per 100,000 population

Sources: Justice expenditure and employment in the U.S., 1985, BJS Bulletin, March 1987. FBI Crime in the United States, 1985.

122 Report to the Nation on Crime and Justice What do justice dollars buy?

The cost of bringing an offender Justice dollars are used to comeensate victims. to investigate crimes, to justice is highly variable and I and to apprehend, try, and offenders ' includes many "hidden costs" Victim compensation (1980 and 1981) The costs of convicting an offender are Average maximum award $18,000 per award many and varied. They include paying Average award $3,000 per award for- Investigative and court costs * Police to investigate criminal events, A State or Federal wiretap (1986) $35,508 per wiretap arrest offenders, and appear as wit- To protect a Federal witness (1986) $1 18,200 per year nesses in court (often on overtime) Juror payment (1986)- State $10 per day Public defenders and assigned coun- Federal $30 per day sel to represent indigent defendants Court case (1982)- Prosecutors to investigate, prepare, California Superior Court $5 per minute and present the case in court Florida Circuit Court $4 per minute Washington State Superior Court $4 per minute Judges and juries to hear the evi- US. District Courts $9 per minute dence and reach a verdict To arrest, prosecute, and try a robbery The probation department to prepare case in New York City (1981)- presentence investigation reports for the with guilty plea and sentencing day after arrest $851 per case with guilty plea after indictment and sentencing judge to use in sentencing 68 days after arrest $6,665 per case State identification and information with trial disposition and sentencing 250 days bureaus to check fingerprints and crimi- after arrest $32,627 per case nal histories of defendants Most frequent assigned counsel hourly rate (1982)- Out-of-court $20-30 per hour Local jails to house defendants who In court $30-50 per hour are detained in pretrial custody. Average indigent defense case (1982) $196 per case

Different criminal cases Corrections operations costs For one adult offender- vary greatly in cost in a Federal prison (1986) $13,162 per year in a State prison (1984) $1 1.302 per year The price of justice, a 1981 study of in a State-operated, community-based facility (1984) $7,951 per year three "typical" New York City robbery in a local jail (1983) $9,360 per year on Federal probation or parole (1986) $1,316 per year cases, found that the cost of arresting, on State probation (1985) $584 per year prosecuting, and trying the defendants on State parole (1985) $702 per year ranged from $851 to $32,627, not For housing- including correctional costs after trial. In an unsentenced Federal prisoner in a local jail (1986) $36 per day a sentenced Federal prisoner each of the cases, the defendants were in a local community treatment center (1986) $30 per day arrested shortly after the crime, eliminat- in a jail (1986) $33 per day ing the need for long and costly police For housing- investigation. one resident in a public juvenile facility (1985) $25,200 per year Prison industry wage (1985) $0.24-1.02 per hour

In the first case, the defendants pleaded Note: Multiple sources supplied the data in this table. sources for this table is available from BJS either in the guilty to a reduced charge the day after Ranges are presented when the source did not provide techn~calappend~x or separately upon request. enough information to compute an average. The list of their arrest. Beyond arrest and booking, the costs were minimal. Each defendant received a 6-month sentence. Courts process many kinds of cases ments to probate an uncontested will, with widely varying costs but months of effort are required to The second case cost $6,665. The provide for a jury trial in a complex defendant pleaded guilty after being State courts handle about the same personal injury suit or murder case. indicted, but before trial. Seventy per- number of civil as criminal cases; in cent of the total cost was for pretrial Federal courts civil cases outnumber What are the operating costs detention; 68 days after arrest, the criminal cases by 6 to 1. In most of eorreciional sanctions? defendant received a sentence of 4 to instances the same court handles both 12 years of imprisonment for the plea of types of cases. The 1984 Census of State Adult Correc- guilty to robbery. tional Facilities found a wide range There is no agreed-upon method of ($5,797-$23,233) in the operating cost In the third case, the defendant chose dividing national court expenses per prisoner among the States. Factors to go to a felony trial in which he was between civil and criminal workloads to affecting this range include- found guilty of robbery and sentenced arrive at the total cost of criminal vs. * regional variations in salaries that to 9 to 18 years; 250 days had elapsed civil cases. It is clear, however, that costs reflect differences in cost-of-living and between arrest and sentencing. The of processing different kinds of cases union contracts total cost was $32,627, half of which vary enormously. For example, the clerk differences in utility costs and in the was for pretrial detention. of court may only have to file docu- need for heating fuel

Report to the Nation on Crime and Justice 123 differences in types of institutions Justice dollars also are used for buildings and equipment operated (for example, a State may have a higher-than-average percentage of New correctional facility costs: Construction cost per bed in a- prisoners in less expensive minimum maximum security State prison (1985) $70,768 per bed security) medium security State prison (1985) $53,360 per bed minimum security State prison (1985) $29,599 per bed differences in the extent to which the 'konstitutional" jail (1982) $43,000 per bed prison uses prisoners rather than hiring juvenile facility (1985) $26,470 per bed nonprisoners to perform maintenance Average remodeling for additions to prisons (1985) $1 9,944 per bed services. New courthouse construction costs (1982) $54-$65 per sq. ft.

The Census found that there is not Police car costs: much difference in the cost per inmate Average purchase price (1981) $8,000 per car per year between maximum and To equip a new police car with- police radio (1981) $2,000 per car medium security facilities ($11,336 vs. siren and light bar (1981) $800 per car $11,652). Minimum security facilities are other (1981) $300 per car somewhat less expensive, as are State- To maintain and operate operated, community-based facilities, (not including patrol salary) (1981) $6.000 per year such as halfway houses. In those com- Resale value (1981) $1,000 per car munity facilities, the cost per inmate was Note: Multiple sources supplied the data in this table. sources for this table is available from BJS either in the $7,951, ranging from $4,767 to $27,400. Ranges are presented when the source did not provide technical appendix or separately upon request. The wide range is due to differences in enough information to compute an average. The list of the types and intensity of treatment used; for example, a program with Some sources include the purchase of Security highly trained therapists is more expen- the land, preparing the site, architects' type Range Average sive than one that is almost solely fees, and long-term financing costs such Maximum $21,525-$155.300 $70,768 custodial. as interest paid on bonds. Others do Medium $16,000-$125,000 $53.360 not. Minimum $7,000-$112.842 $29.599 The Corrections yearbook found that Figures for differing levels of security across 46 State parole agencies, the classification (for exam~le,minimum What are the costs of jail average annual cost of maintaining a security vs. maximum security) are used construction? person on parole was $702. The annual in different sources. average cost for a person on probation Construction costs vary by region. The estimate of $43,000 per jail bed, across 44 State agencies was $584. Some prison construction cost is offset based on a 1982 survey of 34 by using inexpensive prisoner labor. "advanced practices" jails, is somewhat Savings from housing offenders Some sources surveyed only "recently lower than that for maximum and in the community rather than in completed" construction. Others include medium security prisons because jails confinement can be misleading the expected costs of future "approved" usuallv do not have extensive architec- or "planned but not approved" con- tural security features such as perimeter A study on the cost of prosecuting struction. walls and usually are designed to pro- repeat felony offenders in Salt Lake Prisons vary in the amount of space vide less area for recreation and County, Utah, found that probationers per prisoner and in space allowed for rehabilitation activities because their who commit crime while on probation prisoner support programs such as inmates are held for shorter periods.17 and are prosecuted for it very quickly medical and psychiatric treatment, ath- cost victims and the criminal justice sys- letics, and recreation. Corrections officials are exploring tem the amount of money "saved" by Some late 1970s estimates are based ways to cut the high cost of prison not incarcerating them for their earlier on data from early 1970 surveys that and jail construction crime. Repeat offenders (some of whom have been adjusted for inflation- commit hundreds of crimes a year) can adjustments using different methods The State of Virginia recently built two cost society many times over the cost of with different results. prisons, one using conventional con- incarceration if they recidivate while in a struction management and the tradi- community-based facility or on proba- Maximum security prisons are clearly tional poured concrete, concrete block, tion or parole. more expensive to build than medium and brick. The other used factory security prisons, which in turn are more prefabricated concrete panels. The sec- Widely divergent estimates of the expensive than minimum security pris- ond prison not only cost about a third construction cost per prison bed ons. States reported to the Corrections less than it would have using conven- are found in various studies, yearbook, 1986, the following ranges of tional methods, it was completed in less reports, and media accounts construction costs per prison bed for than half the time.18 fiscal 1985- There are many reasons for the variation:

124 Report to the Nation on Crime and Justice Other States have had similar success The purchase price for a police Courts pay private citizens for serving in reducing the cost of prison construc- car ranged from $6,700 to $9,500 on jury duty. In 1986 the daily pay for tion by using prefabricated building in 25 jurisdictions jurors averaged about $10 per day. In parts and innovative construction some States a lower fee (or no fee) is management techniques. Florida was The purchase price is only part of the paid for the first few days. Some States able to open a 336-bed expansion unit cost of putting a patrol car on the pay for half days and some pay on an at an existing prison complex at a cost streets. In a 1982 survey the National hourly basis. In the Federal system in of about $16,000 per cell. California was Association of Criminal Justice Planners 1986, daily pay for jurors was $30. Most able to reduce the cost per cell from found that police radios ranged in cost court systems also reimburse jurors for $90,000 to $50,000.19 from $1,200 to $4,300 in the nine juris- their travel expenses and pay living dictions providing this information; expenses for those serving on How much does it cost to build police sirens and light bars added sequestered juries. a new courthouse? another $350 to $1,300. Costs for other equipment were reported at $10 to Another less well known expense is the Available information does not allow $700; these include police department cost of protecting witnesses. State and computation of the cost of building a decals and shields for the patrol car, local governments engage in such new 'hverage courtroom," as is often loudspeakers, security cages for activities, but the Federal Witness Secu- done for prison cells. Walter H. Sobel, prisoners, and shotguns and racks. rity Program of the U.S. Marshals Serv- F.A.I.A. and Associates' 1982 survey of ice is clearly the largest and most nine recently built courthouse projects The annual operating cost for a police extensive witness security program in found these variations: car, including gas, oil, maintenance, and the Nation. This program provides- In one courthouse, 29% of the square repair, varied from $3,000 to $13,000. * protection and maintenance services footage was for jail cells, which cost The factors affecting this range include for witnesses, potential witnesses, and more to build than courtrooms. the number of shifts the car is driven dependents whose lives are in jeopardy Two projects included large under- during the day, the type of driving as a result of testimony against ground parking garages, which cost involved (for example, city vs. suburban organized crime figures. more than outdoor parking lots. patrol), climate conditions, and the around-the-clock protection to wit- Some projects included "shelling in" length of time the car is operated before nesses while they are in a "hostile space for courtrooms to be completed being resold. This last factor is reflected environment" and when they return to in the future. in the range of resale value, reported at an area of danger for court testimony. Different courthouses have different $550 to $4,500. geographic relocation for the witness mixes of space allocated for courtrooms and his or her dependents; housing; and judicial chambers (the most expen- Some police investigation and court subsistence; new identification docu- sive type of nondetention construction) costs are not well known ments; and employment, medical, and and administrative and support space other assistance to allow the witness to (costing about the same as routine The police sometimes pay informants become self-sustaining. business offices). for investigative information. Undercover Regional factors in the construction agents may use cash to buy drugs or In 1986 the US. Marshals Service industry also affect the cost of court- other illegal goods and services in an provided protection or support for 1,714 houses. attempt to obtain evidence of criminal persons, including 933 principal wit- behavior. Police officers often are nesses and 781 family members. The The price per square foot of construc- required in court as witnesses, fre- average annual cost per witness ranged tion in three newly built courthouses quently on overtime pay. In a 1982 sur- from $47,500 for a person with no that appeared to be the most compara- vey, the National Association of Criminal dependents in the program to $84,000 ble were $54, $61, and $65. One other Justice Planners found that in five juris- for one with eight dependents, with an project involved completing a shell that dictions three-quarters of all court average annual cost per witness of had been built earlier. The cost per appearances involved police overtime. $56,000 for the salaries and expenses square foot was $54, higher than might For nine jurisdictions able to report cost of marshals. There are now more than be expected because the courthouse data, the average overtime pay per 12,500 participants in the Federal Wit- was limited to courtrooms and judges' court appearance was $41. ness Security Program, although not all chambers. Two renovation efforts were are under the active protection of the reported, costing $36 and $67 per U.S. Marshals. square foot, the range reflecting the extent of the renovation effort.

Report to the Nation on Crime and Justice 125 Close to three-fourths of State and Justice dollars pay personnel costs local justice dollars go for payroll (Average annual salary. There are jurisdictions where the salaries Criminal and civil justice is a highly are higher or lower than these averages.) "personnel-intensive" activity. In 1985 Law enforcement officers (1985 and 1986) the payroll for State and local justice City police officer (entry level) $18,913 employees ranged from a high of 79% City police officer (maximum) $24,243 of all expenditures for police protection City police chief $33,158 to a low of about 40% for public County sheriff patrol officer Not available State trooper (entry level) $18,170 defense and 'bther justice" activities, State trooper (maximum) $28,033 such as planning commissions.~~ Deputy US. marshal $1 9,585 US. border patrol agent $23,058 The defender proportion of spending for US. immigration inspector $24,719 US. immigration agent $34,259 salaries was low because of widespread Federal drug agent $36,973 use of "assigned counsel" defense sys- FBI agent $40,321 tems in which the government pays private attorneys to represent indigent Prosecutors (1986) State and local prosecution personnel Not available defendants. The National Criminal Federal prosecutor $53,027 Defense Systems Study found that the fees paid to the attorneys have been Defenders (1986) reported to be as low as $10 and as State and local defense personnel Not available Federal defender $43,582 high as $65 an hour but in most places the fee is between $20 and $30 an Court personnel (1986 and 1987) hour for out-of-court work and between State court administrator $30 and $50 an hour for in-court work. State general jurisdiction trial court judge State intermediate appellate court justice Sometimes the hourly fee varies by the State associate supreme court justice seriousness of the case and by whether State supreme court justice it is at the trial or appeal stage. Some US. Magistrate jurisdictions that do not use an hourly US. Bankruptcy Court Judge US. Court of Claims Judge rate use minimum and maximum US. Court of International Trade Judge amounts of total compensation. US. District (trial) Court Judge US. Circuit (appellate) Court Judge The payroll proportion of spending for US. Supreme Court Associate Justice US. Supreme Court Chief Justice 'bther justice" activities is low because this category contains many intergovern- Correctional officers (adult facilities, 1986) mental payments that do not require a Local jail officer (entry level) large amount of staff support to oversee. State correctional officer (entry level) State correctional officer (maximum) State director of corrections Salaries make up a relatively lower Federal correctional officer proportion of total spending for corrections (59%), primarily because of the Probation and parole officers (adult clientele, 1986 and 1987) Local probation officer Not available costs of building and maintaining pri- State probation officer (entry level) $1 9,402 sons, contracts for medical care and State parole officer (entry level) $1 9,986 treatment programs, food, guard and State chief probation officer $28,600 prisoner uniforms, and boarding State chief parole officer $31,233 State parole board member $43,429 prisoners at other institutions. State parole board chairman $46,100 Federal probation officer (entry level) $22,458 Courts also have a relatively low propor- Federal parole case analyst $22,458-42,341 tion of total spending for salaries (71%) Federal parole hearing examiner $38,727-59,488 Federal regional probationlparole administrator $53,830-69,976 because of payments for jury and wit- US. Parole Commissioner $72.500 ness fees, courthouse maintenance, and Note: Multiple sources supplied the data in this table. sources for this table is available from BJS either in the purchase of books for law libraries. Ranges are presented when the source did not prov~de techn~calappendix or separately upon request. enough information to compute an average. The list of Salaries for police and correctional officers are generally the lowest local prosecutor and public defender ing between $20,000 and $30,000) and salaries are not available. The National that chief prosecutors for the most part Judges, because of their great responsi- Criminal Defense Systems Study found had higher salaries. The salaries of bility, have the highest salaries of crimi- that in 1982 State and local full-time State and local police officers are about nal and civil justice employees at each chief public defender salaries ranged the same as those of correctional per- level of government. Current State and from $6,000 to $66,000 (with most fall- sonnel.

126 Report to the Nation on Crime and Justice Basic sources available from the National Criminal Justice a national plan to combat alcohol abuse and Data Archive, Inter-university Consortium for alcoholism: A report to the United States U.S. Department of Justice Political and Social Science, University of Congress, September 1986, table 2-4. Bureau of Justice Statistics: Michigan), Ruth Triplett, Sue Lindgren, Colin glncorne tax compliance research: Estimates Loftin, Brian Wiersema; lnstitute of Criminal for 1973-81, Internal Revenue Service BJS Bulletins- Justice, University of Maryland Children in custody: Public juvenile facilities, (Washington: USGPO, July 1983). 1985, NCJ-102457, October 1986 Cannon, L.1, et al., Salt Lake County Attor- losecurity World magazine, "Key market Justice expenditure and employment, 1985, ney's Office, The cost of prosecuting repeat coverage, 1981:' in Cunningham and Taylor, NCJ-104460, March 1987 felony offenders, March 1986 Private security and police in America: The The 1983 jail census, NCJ-95536, November Corrections yearbook: Instant answers to key Hallcrest report (Portland, Oreg.: Chaneller 1984 questions in corrections (Pound Ridge, N.Y.: Press, 1985). BJS Special Reports- Criminal Justice Institute, 1986) l1BJS Justice expenditure and employment Economic cost of crime to victims, Kakalik, James S., and Abby Eisenshtat in the U.S. 1985, NCJ-104460, March 1987, NCJ-93450, April 1984 Robyn, Costs of the civil justice system: Court table 2. Electronic fund transfer fraud, NCJ-96666, expenditures for processing tort cases (Santa '2This does not include interest payments for March 1985 Monica, Calif.: The RAND Corporation, 1982) loans used for long-term financing of con- BJS Reports- National Association of Criminal Justice Plan- struction projects because it is not possible Justice expenditure and employment in the ners, "Survey of selected jurisdictions," to separate consistently such payments in the U.S., 1979, NCJ-87242, June 1983; 1971-79, unpublished, 1982 government records used to compile these NCJ-92596, December 1984; and 1985, National Center for State Courts Reports (Wil- data. NCJ-106356, forthcoming liamsburg, Va.: National Center for State 13Data were not collected in enough detail to Justice expenditure and employment Courts, February 1987) break out Federal payments being passed extracts: 1980 and 1981, NCJ-96007, June through State governments. 1985 Sobel, Walter H., F.A.I.A., and Associates, Spangenberg, Robert L., et al. of Abt Chicago, Ill.: Survey of (nine) courthouses 14Mary Fairchild. "Criminal justice and the Associates, Inc., National criminal defense recently constructed, unpublished, 1982 States: A preview of legislative issues," systems stud^ final report, NCJ-94702. The price of justice: The cost of arresting and National Conference of State Legislatures, October 1986 prosecuting three robbery cases in Manhat- Denver, unpublished. 15The State and local public welfare data National lnstitute of Justice: tan, Criminal Justice Coordinating Council, City of New York, 1981 illustrate changes in spending for social pro- Mullen, Joan, of Abt Associates, Corrections grams. The data do not include direct Fed- and the private sector; NCJ-94701, October Notes eral assistance to individuals, such as Social 1984 1Wharton Econometric Forecasting Associ- Security, but they do include programs, such Sexton, George E., Franklin C. Farrow, and ates, Inc.-Sima Fishman, Kathleen as Medicaid, that pass Federal money Barbara J. Auerbach of Criminal Justice through State and local governments. Associates, The private sector and prison Rodenrys, and George Schink, 'The income l6Long-term trends (1902-85, 1946-85, and industries, NCJ-96525, August 1985 of organized crime," in President's Commis- sion on Organized Crime, The impact: 1960-85) for police and corrections are U.S. Department of Commerce Organized crime today (Washington: USGPO, based on US. Census Bureau data; trends April 1986), pp. 413-439. for 1971-85 are based on BJS data. Figures Bureau of the Census: 2BJS National Crime Survey and Economic from the two sources for overlapping years Governmental finances in 7979-80, GF80 cost of crime to victims, BJS Special Report, vary somewhat. Because expenditure data No. 5, September 1981, 1982-83, GF83 NCJ-93450, April 1984. from BJS are not available for employer con- No. 5, October 1984, 1983-84, GF84 tributions to fringe benefits, the rate of growth No. 5, October 1985, and 1984-85, GF85 3Abt Associates, Inc., Unreported taxable for 1971-85 is slightly understated. See tech- No. 5, December 1986 income from selected illegal activities, pre. nical appendix. Historical statistics on governmental finance pared for the Internal Revenue Service, September 1984. "This estimate was made to assist local offi- and employment, 1977 Census of cials in planning to build jails that meet Governments, GC77(6)-4, November 1979 4Hendrick J. Harwood, Diana M. Napolitano, emerging national standards and thus would 1982 Census of Governments, GC82(6)-4, Patricia L. Kristiansen, and James J. Collins, be less likely to encounter suits alleging viola- January 1985 Economic cost to society of alcohol and drug tion of prisoners' constitutional rights. (The abuse and mental illness: 7980 (Research Tri- Bureau of Economic Analysis: costs of constitutional jails, National lnstitute angle Park, N.C.: Research Triangle Institute, of Corrections, U.S. Department of Justice, The national income and product accounts of June 1984). 1982.) the United States, 1929-82, September 5"Facts for consumers: Credit and charge 1986 18Charles B. DeWitt, New construction card fraud," Federal Trade Commission, Survey of current business, July 1986, methods for correctional facilities, November 8, 1984. unpublished data NCJ-100121. NIJ Construction Bulletins, %5lectronic fund transfer fraud, BJS Special National lnstitute of Justice, U.S. Department Other sources Report, NCJ-96666, March 1985. of Justice, March 1986. Chi, Keon S., "Privatization: A public option," 'United States Secret Service, U.S. Depart- Wharles B. DeWitt, Florida sets example State Government News, Council of State ment of the Treasury, in BJS Sourcebook of with use of concrete modules, NCJ-100125, Governments (June 1985) 28(6):19-24 criminal justice statistics, 1984, NCJ-96382, NIJ Construction Bulletins, National lnstitute October 1985, p. 540. of Justice, U.S. Department of Justice, Janu- "City police expenditures: 1946-85" (data ary 1986. tape compiled from annual US. Census 8Research Triangle lnstitute in US. Depart- Bureau surveys of governmental finance, ment of Health and Human Services, Toward Wee technical appendix for discussion of methodology for estimating payroll data.

Report to the Nation on Crime and Justice 127 Arizona Bail. See also Pretrial release victim compensation Community safety adult correctional population. 102 bail bonding for profit. 76 expend~tures.36 neighborhood crime rates, 19 lndex capital punishment legislation, 99 bondsmen's role limited by programs. 37 neighborhood watch. 30 community supervision ratio, 102 States, 76 Capital punishment. See Death in pretrial release. 77 deadly force laws. 31 In criminal justice process, 56 penalty safety survey. 24 DWI laws, 94 deposit. 76 Career criminals. See also Community service grand jury indictment. 72 fully secured. 76 Offenders as alternative to imprisonment, 90 indigent defense systems. 75 privately secured, 76 definition, 44 background, 96 judicial waiver provisions, 79 reform movement. 76 incapacitation. 14 Compensation of victims. See jury size. 86 unsecured. 76 Case processing Victim compensation Accidental injury and death. 24. justice spending. 117 Baker v. Wingo (1972), 85 felonies. 56-57, 71 Competency to stand trial, 87 See also Injury juvenile court age limit, 79 Banks juvenile offenders. 95 Comprehensive Crime Control Act Acquittals, 58 juvenile facilities population. 103 automated teller machine national standards. 85 (1984). 93 Adjudication. 81-89 per capita spending for justice, fraud, 10 speedy trial laws, 85 Comprehensive Drug Prevention criminal justice process, 57 122 robbery. 60 State and Federal laws, 85 and Control Act (1970). 93 juvenile courts, 78 Phoenix Barbiturates. See Drug law Charges. 59. 71 Computer crime Adjudicatory hearings court disposition time, 85 violation; Drug use guilty pleas to top charges. 83 automated teller machine juvenile courts. 58, 78 plea bargaining prohibitions. 83 Bench trial. See Trials, nonjury multiple charge convictions, 97 fraud, 10 Admissions pretrial release community safety Blacks. See Race process, 57 changes in law, 2 to jail. 106 provisions. 77 Bombing incidents Child abuse h~gh-technologyprocedures. 10 to juvenile fac~lities.105 prison inmate hous~nqspace, 108 targets, 21 effect on criminality. 48 prosecution, 10 to prison. 105 sentencmg g~ del ne; 91 trends. 21 number of arrests. 67 by whitecollar workers, 9 Age soeeov. , rrta restr cttons 85 Bond. See Bail reporting, 33 Conditional release. 76 of arrestees and offenders. 41-42 victim compensation 37 Bondsmen. See Bail Chronic offenders, 44 Confinement average age at arrest. 43 Arkansas Booking. 56. See also Arrests Citation. 67 intermittent. 96 and cause of death. 28 adult correctional population, 102 Bribery, 9 Citation release. 76 of juveniles. 95 and fear of crime. 24 capital punishment legislation. 99 Bureau of Alcohol. Tobacco, and Cities. See Local government; of offenders, 106 and future criminality, 45 community supervision ratio, 102 Firearms, 63 specific States Connecticut of homicide victims. 28 deadly force laws. 31 Burglar alarms. 6. See also Citizen involvement adult correctional population. 102 and reporting rates. 34 DWI laws. 94 Security devices In calling the police. 62 capital punishment legislation. 99 of State prison facilities. 107 grand jury indictment. 72 Burglary. See also Household in the crlminal justice system. 56 community supervision ratio. 102 trends. 42 indigent defense systems. 75 crimes; Property crimes Civil forfeiture. 93 deadly force laws. 31 and type of crime. 43 judicial waiver provisions. 79 age at arrest, 43 Clearance rates. 68-69 determinate sentencing. 91 and victimization by strangers, 32 jury size. 86 arrest rate by race, 47 Close-custody prisons. 107 DWI laws, 94 and victimization rates, 26-27, 29 justice spending, 117 attempted forcible entry, 6 Cocaine, 50-51. See also Drug law grand jury indictment, 72 Aggravated assault. See Assault juvenile court age limit. 79 business. 12 violat~on;Drug use indigent defense systems. 75 Alabama juvenile facilities population. 103 definition. 3 Colorado judicial waiver provisions. 79 adult correctional population. 102 per capita spendinp for iustice. druglalcohol use, 51 adult correctional population. 102 jury size, 86 capital punishment legislation. 99 izz ' - ' forcible entry, 6 Brighton justice spending. 117 community supervision ratio. 102 pretrial release community safety household. 6, 12, 17, 27, 29, 34, cases dismissed. 73 juvenile court age limit. 79 deadly force laws. 31 prov~sions.77 35 guilty plea rate. 83 juvenile facilities population. 103 DWI laws, 94 prison inmate hous~ngspace, 108 imprisonment rates. U.S. vs. jury trial rate. 84 prison inmate housing space, 108 grand jury indictment. 72 sentencing guidelines. 91 other countries, 103 capital punishment legislation. 99 sentencing guidelines. 91 indigent defense systems, 75 speedy trial restrictions, 85 juvenile offenders. 44, 95 Colorado Springs victim compensation judicial waiver provisions, 79 Arrests. See also specific offenses juvenile rearrest rates. 111 cases dismissed. 73 expenditures. 36 jury size, 86 of adults. 44 losses from, 25. 114 guilty plea rate. 83 programs, 37 justice spending, 117 in criminal justice process. 56, 67 male to female arrest ratio, 46 jury trial rate. 84 Contracting for services. See also juvenile court age limit, 79 of juveniles, 42 number of arrests. 67 community supervision ratio. 102 Privatization juvenile facilities population, 103 male to female ratio, 46 as percentage of offenses, 40 deadly force laws. 31 contract security, 66 pretrial release community safety by offense. 67 percent cleared by arrest, 68 Denver correctional services. 118-119 provisions, 77 outcome by State, 60 percent of'cases tried, 84 guilty plea rate, 83 legal defense servlces, 74 prison inmate housing space. 108 percent of U.S. population, 40 percent of property crimes. 12 jury trial rate, 84 Convictions sentencing guidelines, 91 by race. 47 prison terms, 100 DWI laws, 94 cost of. 123 victim compensation rates by age group, 41-43 seasonal trends. 17 Fort Collins criminal cases. 58 expenditures. 36 trends sentence length, 97 cases dismissed, 73 felonies, 84. 97 programs. 37 by age. 42 time of. 6 guilty plea rate, 83 juveniles, 79 Alaska by sex, 46 trends. 6. 13-14 jury trial rate, 84 victim-offender relationship and adult correctional population. 102 UCR lndex arrests per capita. 69 types of. 6 Golden rate of. 73 community supervision ratio, 102 warrants, 67 victim.offender relationship. 6 cases rejected and dismissed. whitecollar crime, 9 deadly force laws. 31 Arson violent crimes and. 6 73 Coroners' report data. 13 DWI laws. 94 age at arrest, 43 conviction rate. 84 Correctional facilities. 106-107 See grand jury indictment. 72 arrest rate by race, 47 Cal~fornta gu~ltyplea rate, 83 also Community-based guilty but mentally ill verdict. 87 definition, 3 adult correct~onalpopulation. 102 jury trial rate. 84 fac~lit~es;Jails; Juvenile indigent defense systems. 75 male to female arrest ratio, 46 arrest outcomes. 60 prosecution of felony cases, 71 fac~lities:Prisons judicial waiver provisions, 79 number of arrests. 67 capital punishment legislation. 99 grand jury indictment. 72 community-based halfway jury size. 86 prison terms. 100 community supervision ratio. 102 Greeley houses. 105. 107 justice spending. 117 Assault deadly force laws, 31 cases rejected and dismissed. costs. 124 juvenile court age limit. 79 age at arrest. 43 determinate sentencing, 91 73 description. 58 juvenile facilities population. 103 aggravated, 2. 12. 14 DWI laws, 94 guilty plea rate. 83 juvenile occupancy, by State. 103 plea bargaining prohibitions. 83 arrest rate by race. 47 grand jury ind~ctment.72 jury trial rate. 84 level of government ~nvolvement. pretrial release community safety definition, 2 indigent defense systems. 75 indigent defense systems. 75 59 provisions, 77 druglalcohol use. 51 judicial waiver provisions. 79 judicial waiver provisions. 79 malntenance. 96 prison inmate housing space. 108 juvenile offenders, 44 jury size, 86 jury size. 86 operating costs, 123 sentencing guidelines. 91 juvenile rearrest rates. 111 justice spending. 117 justice spending. 117 private sector operationlmanage- speedy trial restrictions. 85 on law enforcement officers. 21 juvenile court age Ihmit. 79 juvenile court age limit, 79 ment. 119 victim compensation male to female arrest ratio. 46 juvenile facilities population. 103 juvenile facilities population. 103 sentencing reform effects, 92 expenditures. 36 number of arrests, 67 juvenile offenders. 44 per capita spending for justice. Correctional population. See also programs. 37 as percentage of offenses. 40 Los Angeles 122 Jail population; Juven~le Alcohol-related offenses. See Driv- percent cleared by arrest. 68 cases dismissed, 73 pretrial release community safety facilities; Prison population ing while intoxicated; percent of cases tried, 84 conviction rate. 84 provisions, 77 juvenile, 103 Drunkenness; Liquor law prison terms. 100 guilty plea rate. 83 prlson inmate housing space, 108 by State, 102 offenses sentence length. 97 jury trial rate. 84 Pueblo Irends, 104-105 Alcohol use by offenders. 50-51 severity of injury. 25 Oakland cases dismissed, 73 Correctional staff Amphetamines, 50. See also Drug simple assault. 2 court disposttion tlme, 85 guilty plea rate, 83 exerctse of dlscretion. 59 law violation; Drug use trends. 62 offenders' crime rates, 44. 45 jury trial rate, 84 jails, 106 Anti-Drug Abuse Act (1986). 93 victimization rate. 24. 29 per capita spending for justice. sentencing guidelines, 91 juvenile facilities. 110 Appeals victimization risk. 27 122 speedy trial restrictions, 85 prisons, 107 civil cases, 88 victimoffender relationship, 32 pretrial release community safety victim compensation salaries. 126 criminal cases. 88 weapons use. 20 provisions. 77 expenditures, 36 Correct~onsspending. 115. 116. Federal courts. 82, 88 Attorneys. See Defense attorneys; prison inmate housing space, 108 programs. 37 120-121 habeas corpus. 88 Legal services; San Diego Common law crimes Corruption, organ~zedcrime and. 8 juvenile court adjudications, 88 Prosecutors cases rejected and dismissed, definit~on.2 Costs. See also Justice spending process, 58. 81 Automated teller machine fraud 73 specific crimes. 4-6 of crime, 114 State courts. 82. 88 bank operations. 10 conviction rate, 84 Community-based facilities, to victims, 25 trends, 88 costs to society, 114 court disposltion time. 85 105-107.See also Correc- Counsel systems. See Public Appreciation test. See Insanity deposit-related incidents. 10 guilty plea rate. 83 tional facllitles defender programs defense overdraft, 10 jury trial rate, 84 Counterfeltlng Argersinger v. Hamlin (1972). 74 withdrawal-related incidents, 10 sentencing guidelines, 91 age at arrest, 43 speedy trial restrictions. 85 cost to society. 114 number of arrests, 67 128 Report to the Nation on Crime and Justice Counties Criminal defense Delinquents. See also Delinquency; Comprehensive Drug Prevention FBI. See Federal Bureau of crime rates. 18 adjudication process. 58 Juvenile courts; Juvenile and Control Act (1970). 93 lnvestigation police employment, 64-65 counsel systems. 74 offenders definition. 2 Federal Bail Reform Act (1984). 76 spending early representation, 75 in correctional facilities, 110 druglalcohol use during offense. Federal Bureau of lnvestigation correctlons. 116 for indigenls. 74 as disposition. 95 51-. (FBI) justice, 116-117 initial appearance. 57 as percentage of committed forfeiture. 93 assistance to local law enforce- police protection. 116 insanity defense. 87 juveniles, 95 by Hispanics. 47 ment agencies. 4 UCR Index crimes. 68-69 private sector involvement. 118 Department of Justice Assets juvenile court referrals. 78 bank robbery. 60 Court delay. See Case processing Sixlh Amendment provisions, 74 Forfeiture Fund. 93 juvenile offenders, 44 Federal agencies, 63 Courthouse conslruction costs, State provisions. 75 Deposit bail. 76 juvenile rearrest rates, 111 NCAVC. 4 124-125 Criminal history. See also Detention. 56. See also Jail number of arrests. 67 UCR, 11 Courts. See also Case processing; Offenders; Repeat population offenders' educational level, 48 Federal criminal justice system. 59 Judges; Judicial process; offenders of juveniles, 78 as percentage of offenses. 40 appeals, 88 Juvenile courts effect on future criminality, 45 preventive detenlion. 77 percent of cases tried, 84 corrections. 106 appellate. 58, 81-82 of relatives, effect on arrests, 48 and speedy trial restriclions. 85 possession. 2 courts. 81-82 arrest warrants, 67 sentencing matrix, 92 Determinate sentencing, 91, 95 prison terms. 100 forfeiture provisions. 93 commitments, 105 Criminal homicide. See Homicide Deterrence of crime as sentencing sale and manufacturing. 2 inmates. 45 cost of jurors. 86 Criminal justice system objective, 90 sentence length, 97 jurisdiction. 60 courthouse construclion cosls. citizen involvement. 56 Discharges from juvenile facilities, severlty rankings. 16 law enforcement agencies. 63 124 costs, 123-126 105 trafficklng. 97 prosecutors, 71 defendants' failure to appear, 77 funding by tax revenues. 115 Discretion Drug use. See also Drug law sentencing guidelines, 91 Federal courts. 81-82 government spending for, 115 in criminal justice system. 59 violation; specific drugs Federal districts function. 81 interaovernmental structure. 59 in sentencing, 90 cost to soclety, 114 judicial waiver provisions. 79 general jurisdiction. 82 juveriles. 58-59. 79 Dismissals of cases. 57 and future criminality, 45 juvenile court age limit. 79 government spending. 116 private sector involvement, reasons for, 73 by offenders. 50-51 Federal government, justice spend- grand jury use. 57 118-119 Disorderly conduct arrests. 67. See relationship to crime, 50 ing, 115-117 habeas corpus petitions, 88 sentencing strategies, 90-92 also Disturbing the peace Drunk driving. See Driving while Federal income tax evasion. See history, 81 sequence of events, 56-58 Dispositions intoxicated Income tax evasion independence, 81 State and local spending. 121 acquittals. 58 Drunkenness Federal Insanity Defense Reform interaction. 81-82 Criminal offenders. See Offenders convictions. 83-84 definition. 2 Act (1984), 87 intermediate appellate courts, 82 Criminal offenses. See specific dismissals. 73 number of arrests. 67 Federal jurisdiction. 60 jury duty. 86 offenses guilty pleas, 83-84 DWI. See Driving while intoxicated Felonies juvenile jurisdiction, 78-79. 82 Crowding. See Prisons of juveniles, 95 convictions. 84 of last resort, 82 Curfew violations, 67 nolo contendere. 57 Economic Impact of crime. 25. See convictions resulting in incarcera- limited or special jurisdiction. 82 Customs Forfeilure Fund. 93 District of Columbia also Costs tion. 97 organization. 82 adull arrests, 44 Education in criminal justice process. 56-57 preliminary hearings. 56-57 Deadly force State laws. 31 adult correctional population, 102 offenders' educational level, 48 distinguished from mis- private sector involvement. 118 Death cases rejected and dismissed, 73 rearrest rates and. 111 demeanors. 3 prosecutor's role. 56-57 15 leading causes community supervision ratio, 102 victimization rates and, 26-27 grand jury indictment. 72 sentencing and sanctions, 58 by age group. 28 conviction rate, 84 Eighth Amendment rights, death guilty plea rate, 83 speedy trial reslrictions. 85 risk deadly force laws, 31 penalty and. 98 handllng in 4 jurisdictions, 71 spending per capila. 121 crime vs. other causes. 24 DWI laws. 94 Elderly persons. See Age official accusation process. 72 Slate jury verdlct requirements, 84 Death penalty grand jury indictment, 72 Electronic funds transfer crime, 10 probationers' rearrest rate. 45 State systems, 82 appeals, 88 guilty plea rate, 83 Electronic surveillance, 8. See also proportion of cases, 82 trial. 82 background, 96 indigent defense systems. 75 Security devices State and local courts, 82 Credit card fraud. 114 death row inmates, 98, 99 judicial waiver provisions, 79 Embezzlement States' jury requirements, 86 Crime prevention execution methods, 99 jury size, 86 age at arrest. 43 Females. See Sex businesses. 30 executions performed, 98 jury trial rate. 84 number of arrests, 67 Filings. See Charges; Prosecution citizen activities and crime rates. history. 98 juvenile court age limit, 79 as percentage of offenses. 40 Fines 14 minimum age. 99 juvenile facilities population. 103 as white-collar crime. 9 alcohol-related driving offenses. deadly force laws. 31 as sentencing option. 58 pretrlal release community safety Emergency release from prison (to 94 households, 30 trends, 98 provisions, 77 ease crowding). 109 sentencing options. 58, 90. 96 law enforcement role. 62 Defendants. See also Crlmlnal prison inmate housing space, 108 Employment Firearms. See Weapons offenses; neighborhood watch programs. defense proseculion of felony cases. 71 civilian employment in law Weapons use 30 appeal process. 88 sentencing guidelines. 91 enforcement. 63 Florida prlvate security, 66 competency to stand trial, 87 speedy trlal restrictions. 85 in criminal justice by level of adult correctional population. 102 Crime rates constitutional rights. 74 victim compensation government. 59 capital punishment legislation. 99 by age. 42 jury trial rights, 86 expenditures. 36 offenders' employment records, community supervision ratio. 102 clearance rates. 68-69 release pending trial, 76 programs. 37 49 deadly force laws, 31 compared to other threatening Defense attorneys Disturbing the peace, 2 police officers, trends in. 63 determinate sentencing. 91 events. 24 indigent services, 74-75 Diversion. 71, 73 private securily, 66 DWI laws. 94 by county. 18 role in adversary process. 74 Driving under the ~nfluence.See victimization rates and. 26-27 grand jury indictment. 72 effect on justice spending, 122 Delaware Driving whlle intoxicated Entry into the criminal justice Indigent defense systems. 75 recent declines. 14 adult correctional population. 102 Driving whlle Intoxicated (DWI) system. 56, 62-70 judicial waiver provisions. 79 by region. 18-19 capltal punishment legislation. 99 Blood Alcohol Concentration arrest. 67, 69 jury size, 86 seasonality, 17 communily supervision ratio. 102 (BAC) testing, 7 citation. 67 justice spending. 117 and time of day, 17 deadly force laws. 31 cost to society, 114 grand jury indictment. 67, 72 juvenile court age limit. 79 trends. 13-15 DWI laws, 94 definition, 3 reporting, 62 juvenile facilities population. 103 Crime reports grand jury indictment, 72 legislation summons. 67 Miami by businesses. 12 guilty but mentally ill verdicl, 87 consumption of alcohol in Ethnic origin court disposition time. 85 in criminal juslice process, 56 indlgent defense systems, 75 vehicles. 7 of arrestees and offenders. 41 guilly plea rate, 83 family violence. 33 judicial waiver provisions. 79 Federal programs under publid and crime severity rankings. 16 jury trial rate, 84 high-technology crime. 9 jury size. 86 Law 98-363, 7 victimization rates and, 26-27 per capita spending for justice, homeowners vs. renters. 35 justice spending, 117 Happy Hour laws. 7 Evidence 122 likelihood of reporting. 34-35 juvenlle court age limit. 79 legal drinking age. 7 in adjudication process, 58 pretrial release community safety police response. 62 juvenlle facilities population, 103 number of arrests, 67 exclusionary rule. 73 provisions. 77 robbery. 5 per capila spending for justlce. as percentage of oifenses. 40 insufficient, as cause for declina- prison inmate housing space. 108 seasonality. 17 122 President's Commission on tions and dismissals, 73 sentencing guidelines. 91 trends. 34. 62 pretrial release community safety Drunk Driving. 7 Exclusionary rule. 73 speedy Irlal restrictions. 85 Crimes. See also speclflc offenses provlslons. 77 sanctions Executions. 98. See also Death Tallahassee clearance stallstics. 68 prison Inmate housing space. 108 administrative. 7, 94 penalty - conviction rate, 84 common law definition. 2 sentencing guidelines, 91 crim~nal,7, 94 Executions performed slnce 1977. guilty plea rate. 83 Cost to society, 114 speedy trial restrictions, 85 driver's license revocation, 7, 94 See also Death penally jury trial rate. 84 cosl to victims. 25 victim compensation liquor licensing, 7 Expenditures. See Justice victim compensation defmition. 2 expenditures, 36 States. 94 spending expenditures, 36 fear of, 24 programs. 37 trends. 7, 94 Expiration of (prison) sentence. 100 programs. 37 place of occurrence, 19 Delinquency. See also Delinquents; Drug abuse See Drug law Forcible entry burglaries, 6 See response to, 55-112 Juvenile courts; Juvenile violation; Drug use; Family relationships also Burglary severity rankings. 12, 16 offenders specific drugs family violence. 33 Forcible rape. See Rape Crlminal cases and adult crime, 43. 44-45 Drug law violation. 97. See also offender characteristics, 48 Forfeiture. 90, 93 acquittals. 58 and juvenile courts, 78 Drug use; specific drugs and reporting. 35 civil, 93 appeals. 88 and property crime, 43 age at arrest, 43 criminal. 93 convictions. 58 Anti-Drug Abuse Act of 1986, 93 Forgery Court dispos~llonlime. 85 cases rejected on due process age at arrest, 43 dismissals. 73 grounds, 73 juvenile rearrest rates, 111 guilty pleas. 57-58. 83 number of arrests, 67 Increase. 82 as percentage of offenses, 40 nolo contendere pleas, 57-58 prison terms, 100 rejeclions. 73

Report to the Nation on Crime and Justice 129 Fourth Amendment rights. 73. See victim compensation indigent defense systems. 75 Iowa short-term vs. long-term. 110 also Evidence; Exclusion- expenditures. 36 judicial waiver provisions. 79 adult correctional population. 102 size. 110 ary rule programs. 37 jury size. 86 community supervision ratio. 102 staffing ratio. 110 Fraud offenses Heroin. 16, 50-51. See also Drug justice spending. 117 Davenport trends. 105 age at arrest. 43 law violation; Drug use juvenile court age limit. 79 guilty plea rate. 83 Juvenile offenders automated teller machine fraud. High-rate offenders, 44. See also juvenile facilities population, 103 jury trial rate. 84 in adult corrections, 79 10 Offenders per capita spending for justice, deadly force laws, 31 arrest data. 42, 43 cost to society. 114 High-technology crime. 10 122 Des Moines conviclion rate, 79 definition, 2 Hispanics. See Ethnic origin pretrial release community safety guilty plea rate, 83 in criminal justice system, 58 juvenile rearrest rates. 111 Homicide provisions. 77 jury trial rate, 84 delinquency and adult criminal number of arrests, 67 age at arrest. 43 prison inmate housing space. 108 DWI laws. 94 activity, 44 as percentage of offenses. 40 capital punishment laws, 99 recidivism rate. 45 grand jury indictment. 72 detention, 78 prison terms. 100 as cause of death. 28 sentencing guidelines, 91 indigent defense systems, 75 h~gh-rate.44 sentence length. 97 causes of. 4 speedy trial restrictions, 85 judicial waiver provisions, 79 housing. 110 as white.collar crime. 9 death penalty for, 99 victim compensation jury size, 86 juvenile court process. 78 Furman v. Georgia (1972), 98 decline since 1980. 14 expenditures. 36 justice spending. 117 male to female arrest ratio. 46 definition. 2. 4 programs, 37 juvenile court age limit, 79 motives for crime. 45 Gambling druglalcohol use during crime, 51 Immunity from prosecution statutes. juvenile facilities population. 103 number in custody, 103 age at arrest. 43 instrumental vs. impulsive, 4 R plea bargaining prohibitions. 83 rearrest rates. 111 definition. 3 juvenile offenders, 44 Impulsive homicide, 4. See also pretrial release community safety serious juvenile offenders. 95 number of arrests. 67 juvenile rearrest rates. 111 Homicide provisions. 77 trends, 105 Gender. See Sex lifetime risk of victimization. 28 Incapacitation as sentencing prison inmate housing space. 108 tried as adults. 79 Georgia long-term trends. 15 objective, 90 sentencing guidelines, 91 types of crimes. 43. 78 adult correctional population, 102 male to female arrest ratio. 46 Incarceration. See also Prison speedy trial restrictions. 85 ca~italpun~shment legislation. 99 mass murders. 3-4 commitment victim compensation Kansas ~obbcounty multiple murders. 4 background. 96 expenditures, 36 adult correctional population, 102 conviction rate, 84 number of arrests. 67 in criminal justice process. 58 programs. 37 community supervision ratio. 102 guilty plea rate. 83 as percentage of offenses, 40 race and. 47 deadly force laws. 31 jury trial rate. 84 percent cleared by arrest. 68 rate, trends. 104 Jackson v. Indiana. 87 DWI laws, 94 community supervision ratio, 102 percent of cases tried. 84 for serious crimes of violence. 97 Jail population. See also Prison grand jury indictment, 72 deadly force laws. 31 percent of violent crimes. 12 US. vs. other countries, 103 population indigent defense systems. 75 DWI laws. 94 prison terms. 100 Income adult inmates by State, 102 judicial waiver provisions, 79 grand jury indictment. 72 rate per capita. 15 of inmates, 49 characteristics. 41 jury size. 86 guilty but mentally ill verdict. 87 sentence length. 97 and losses to victim. 25 drug use. 50-51 justice spendmg. 117 indigent defense systems, 75 serial murders. 3-4 and reporting rates for house- male to female ratio, 46 juvenile court age limit, 79 judicial waiver provisions, 79 spree murders. 3-4 hold crimes. 34 overflow from prison crowding, juvenile facilities population. 103 jury size. 86 statistical data. 13 victimization rates and. 26-27 109 Kansas City justice spending. 117 trends, 15 Income tax evasion. cost of. 114 population profile. 106 guilty plea rate. 83 juvenile court age limit. 79 victim characteristics. 28 Indeterminate sentencing, 91. 95 race and, 47 prison inmate housing space. 108 juvenile facilities population. 103 victim-offender relationship. 32 Indiana trends. 104 sentencing guidelines, 91 per capita spending for justice, victims per year. 24 adult correct~onalpopulation. 102 Jails. See also Correct~onalfacilit~es; speedy trial restrictions, 85 122 weapons use. 20 capital punishment legislation. 99 Prisons victim compensation pretrial release community safety Household crimes. See also community supervision ratio, 102 background, 106 expenditures, 36 provisions. 77 Burglary; Larceny; Motor deadly force laws. 31 construction costs. 124 programs. 37 prison inmate housing space. 108 vehicle theft; Property determinate sentencing. 91 housing costs, 123 Wichita sentencmg gude mes 91 crimes DWI laws, 94 staffing patterns, 106 court disposition time. 85 sDeeov tr.al restr ct ons. 85 cash and property losses. 25 grand jury indictment. 72 Judges Kentucky ide eon i Wainwright (1963). 74 compared to personal crimes, 3 guilty but mentally ill verdict, 87 in bench trials. 84 adult correctional population, 102 Goodtime, automatic and earned. declin~ngrate. 14 Indianapolis discretion. 59 capital punishment legislation, 99 91. 100 incidence. 12. 13 cases dismissed. 73 dismissals, 73 community supervision ratio. 102 Government spending in National Crime Survey. 3 conviction rate. 84 role in guilty pleas. 83 deadly force laws. 31 by level of government. 116-117 reporting, 34. 35 guilty plea rate. 83 salaries, 126 DWI laws, 94 portion for justice, 115. 120 seasonal trends. 17 jury trial rate. 84 sentencing. 90-92 elimination of bail bonding for tax revenue funding, 117 victimization rates, 13. 14 indigent defense systems, 75 tenure. 81 profit. 76 trends. 120-126 victimization risk. 27, 29 judicial waiver provisions, 79 Jud~cialdiscretion. 59 grand jury indictment. 72 Grand jury Households touched by crime. 12. jury size, 86 Judicial process. See also Courts guilty but mentally ill verdict. 87 in criminal justice process. 57 14 justice spending, 117 court system. 81 indigent defense systems. 75 investigation. 57, 67, 72 Idaho juvenile court age limit, 79 government spending on, 115 judicial waiver provisions. 79 original. 67 adult correctional population. 102 juvenile facilities population. 103 juvenile court system, 82 jury size. 86 overview. 72 capital punishment legislation. 99 pretrial release community safety State and local spending. 121 justice spend~ng.117 secrecy, 72 community supervision ratio. 102 provisions, 77 Judicial waiver, 79. See also juvenlle court age limit. 79 States' indictment requirements, deadly force laws, 31 prison inmate housing space. 108 Juvenile courts juvenlle facilities population, 103 72 DWI laws, 94 sentencing guidelines, 91 Jurek v. Texas, 98 Louisville Gregg v. Georgia, 98 grand jury indictment, 72 speedy trial restrictions, 85 Juries. See Trials, jury cases dismissed. 73 Guilty pleas. See also Plea Indigent defense systems, 75 victim compensation Jurisdiction. 60 conviction rate. 84 bargaining insanity defense abolishment. 87 expenditures. 36 Jury trials. See Trials, jury guilty plea rate. 83 on charges filed, 93 judicial waiver provisions, 79 programs, 37 Justice spending jury trial rate. 84 judges' role, 83 jury size. 86 Ind~ctment.See Grand jury as compared to other govern- per capita spending lor justice, on other cases, as cause of justice spending. 117 lnd~gentdefense. 74-75. See also ment funct~ons.115 122 dismissal. 73 juvenile court age limit, 79 Contracting for services; by function. 116. 117. 121 prison inmate housing space, 108 as percent of case outcomes, 83 juvenile facilities population. 103 Public defender programs itemized costs. 123-126 sentencing guidelines. 91 Guns. See Weapons offenses; prison inmate housing space, 108 costs, 123, 126 by level of government. 116 speedy trial restrictions. 85 Weapons use sentencing guidel~nes.91 Informants. costs to police. 125 personnel costs, 126 victim compensation speedy trial restrictions, 85 Information. 57, 72 States. 117, 122 expenditures, 36 Habeas corpus petitions and writs. victim compensation programs, 37 Initial appearance (in court). 56-57 trends, 116. 120-121 programs, 37 88 Illegal entry, 19. See also Burglary Injury Juvenile courts. See also Courts; K~dnaping Habitual offenders. 44. See also Illinois accidental. 24 Delinquency; Juvenile definition. 3 Offenders adult correctional population. 102 in crime, 25 offenders prison terms. 100 Handguns. See Weapons offenses; capital punishment legislation, 99 effect on crime severity rankings. age limits. 79 Kn~ves.See Weapons offenses; Weapons use Chicago 16 appeals. 88 Weapons use Hawaii conv~ctionrate. 84 likelihood when gun is present. 21 concurrent jurisdict~on,79 adult correctional population. 102 guilty plea rate, 83 victimization rate, 29 in court structure, 79 Larceny community supervision ratlo, 102 jury trial rate, 84 Inmates. See Jail population; dispositions, 95 age at arrest, 43 deadly force laws, 31 juvenile offenders. 44 Prison population excluded offenses. 79 arrest rate by race. 47 DWI laws. 94 community supervision ratlo, 102 Insanity defense. 87 history, 78 decline since 1980, 14 grand jury indictment, 72 deadly force laws, 31 Instrumental homicide, 4. See also and nondelinquents, 78. 110 definition, 3 indigent defense systems. 75 determinate sentencing. 91 Homic~de process. 56-58. 78-79 druglalcohol use during crime. 51 judicial waiver provisions. 79 DWl laws, 94 Intake units, juvenile courts. 78 referrals. 78 household larcenv. 13. 19. 25. jury size. 86 elimination of bail bonding for Intergovernmental structure, 59 speedy trial restr~ctions,85 34.35 justice spending. 117 profit. 76 Intermittent confinement. 96 Juvenile dispositions, 95 household victimizat~onrates. 29 juvenile court age limit, 79 Geneva Intoxication. See Driving while Juven~lefacilities. See also Correc- incarceration rates, US. vs, other juvenile facilities population. 103 guilty plea rate, 83 intoxicated; Drunkenness t~onalfacilities countries. 103 pretrial release community safety jury trial rate, 84 Investigations capacity. 110 juvenile rearrest rates, 111 provisions. 77 grand jury indictment. 72 costs. 123 delinauents vs. nondelinauents. losses, 114 prison inmate housing space, 108 guilty but mentally ill verdict, 87 in criminal justice process, 56 95 male to female arrest ratio. 46 sentencing guidelines. 91 grand jury. 57. 67. 72 ~nstitutionalvs. open. 110 number of arrests, 67 speedy trial restrictions, 85 informant costs. 125 population. 103 as percentage of offenses, 40 prlvate sector involvement, 119 percent cleared by arrest. 68 publ~cvs. private. 110

130 Report to the Nation on Crime and Justice percent of cases tried, 84 prison inmate housing space. 108 Kalamazoo St. Louis victim compensation percent of property crimes, 12 sentencing guidelines. 91 conviclion rate. 84 cases dismissed. 73 expenditures, 36 place of occurrence. 19 speedy trial restrictions. 85 guilty plea rate. 83 conviclion rate, 84 programs, 37 prison terms, 100 Males. See Sex Lansing guilty plea rate. 83 Nevada reporting rates. 34 Mandatory release (from prison), conviction rate. 84 jury trial rate. 84 adult correctional population, 102 seasonal trends. 17 100. See also Determinate guilty plea rate. 83 victim compensation capital punishment legislation. 99 sentence length. 97 sentencing: Parole jury trial rate. 84 expenditures. 36 community supervision ratio. 102 victimization rates. 12. 13 Mandatory sentencing offenders' crime rates, 44. 45 programs. 37 deadly force laws. 31 Law enforcement. See also Police DWI sanctions. 94 per capita spending for justice. Money Laundering Act (1986). 93 DWl laws, 94 officers; Police protection State legislation. 91 122-- Montana grand jury indictment. 72 crime reports. 62 Manslaughter plea bargaining prohibitions. 83 adult correctional population, 102 indigent defense systems. 75 in criminal justice process. 56 and homicide, 2 prelrial release community safety capilal punishment legislation, 99 judicial waiver provisions. 79 FBI assistance. 4 male to female arrest ratio, 46 prov~sions,77 community supervision ratio. 102 jury size, 86 history, 63 number of arrests. 67 prison inmate housing space, 108 deadly force laws, 31 justice spending. 117 juvenile referrals, 78 as percentage of offenses, 40 sentencing guidelines. 91 DWI laws, 94 juvenile court age limit. 79 number of arrests. 67 prison terms. 100 victim compensation grand jury indictment. 72 juvenile facilities population. 103 police officers sentence length. 97 expenditures. 36 indigent defense systems. 75 per capita spending for justice. by area, 65 Marijuana. 16, 50-51. See also programs. 37 insanity defense abolishment. 87 122 per capila. 64 Drug law violation; Drug Wayne County judicial waiver provisions. 79 pretrial release community safely roles. 62 use court dispos~t~ontime. 85 jury size. 86 provisions. 77 salaries, 126 Marilal status Midwestern US. justice spending. 117 prison inmate housing space. 108 police response, 62 of offenders. 48 adult correctional population, 102 juvenile court age limit, 79 sentencing guidel~nes,91 private sector involvement. 118 v~ctimizationrates and, 26-27 black State prisoners. 47 juvenile facilities population, 103 speedy trial restrictions. 85 Legal services Maryland crime rates, 18 prison inmate housing space. 108 victim compensation employment by level of govern- adult correctional population. 102 justice spending per capita, 122 sentencing guidelines. 91 expenditures. 36 ment, 59 capital punishment legislation. 99 juvenile facilities population. 103 speedy trial restrictions. 85 programs. 37 municipal and State spending. community supervision ratio. 102 prison inmate housing space, 108 victim compensation New Hampsh~re 116 deadly force laws, 31 Minimum-custody prisons, 107 exDenditures. 36 adult correctional population. 102 License revocation. See Driving DWI laws. 94 Minnesota prigrams, 37 capital punishment legislation, 99 while intoxicated grand jury indictment, 72 adult correctional population. 102 Mothers Against Drunk Driving community supervision ratio, 102 Liquor law offenses. See also Driv- indigent defense systems, 75 arrest outcomes. 60 (MADDL 7 deadly force laws, 31 ing while intoxicated; judiclal waiver provisions. 79 community supervision ratio. 102 Motives for crirne, 45 DWI laws. 94 Drunkenness jury size. 86 deadly force laws. 31 Motor vehicle accidents grand jury indictment, 72 definition. 3 justice spending. 117 determinate sentencing, 91 alcohol-related. 7 indigent defense systems, 75 number of arrests, 67 juvenile court age limit. 79 DWI laws. 94 victims per year, 24 judicial waiver provisions. 79 Local government juvenile facilities population. 103 grand jury indictment, 72 Motor vehicle theft jury size. 86 criminal justice employment. 59 Montgomery County indigent defense systems. 75 age at arrest. 43 justice spending. 117 in criminal justice system. 60 conviction rate. 84 judicial walver provisions, 79 arrest rate by race, 47 juvenile court age limit, 79 FBI law enforcement assislance. 4 jury trial rate, 84 jury size, 86 definition, 3 juvenile facililies population. 103 felony trials. 82 per capita spend~ngfor justice. justice spending. 117 druglalcohol use during crime. 51 per capita spending for justice, jurisdiction. 59-60 122-- juvenile court age Ilmit. 79 losses, 25, 114 122 justice spending. 115-117. 121 pretrial release community safety juvenile facilities population. 103 male to female arrest ratio, 46 prison inmate housing space. 108 police protection. 63-65 provlsions. 77 Minneapolis number of arrests, 67 sentencing guidelines, 91 public defender programs. 74 prison inmate housing space, 108 court disposition time, 85 as percentage of offenses, 40 New Jersey spending for police and correc- sentencing guidelines, 91 guilty plea rate. 83 percent cleared by arrest, 68 adult correctional population. 102 tions. 120 speedy trial restrict~ons.85 jury trial rate. 84 percent of property crimes, 12 capital punishment legislation, 99 Local law enforcement. See Law victlm compensation pretrial release community safety prison terms. 100 community supervision ratio, 102 enforcement expenditures, 36 provisions, 77 reported to police. 34. 35 deadly force laws. 31 Loitering arrests, 67 programs, 37 prison Inmate housing space. 108 trends. 13-14 DWI laws, 94 Louisiana Massachusetts sentencing guidelines. 91 victimization rates. 27 grand jury indictment, 72 adult correctional populatlon. 102 adult correctional population. 102 speedy trial restrictions, 85 vlctimization rates by household, indigent defense systems, 75 capital punishment legislation. 99 Boston victim compensation 29 Jersey City community supervision ratio. 102 conviction rate, 84 expenditures. 36 MSAs. See Metroool~tanstatistical court disposition time, 85 deadly force laws, 31 jury trial rate, 84 programs, 37 areas judicial waiver provisions. 79 DWI laws, 94 community supervision ratio, 102 Minority groups. See Ethnic origin; Municipal government. See Local jury size. 86 grand jury indictment. 72 deadly force laws, 31 Race justice spend~ng.117 indigent defense systems, 75 Dedham Misdemeanors Murder. See Homicide juvenile court age limit. 79 judicial walver provisions, 79 conviction rate. 84 in criminal justice process. 56-57 juvenile facilities population. 103 jury size, 86 DWI laws, 94 distinguished from felonies. 3 National Center for Health Statistics Newark justice spending. 117 grand jury indictment, 72 States' jury requirements. 86 (NCHS) homicide data. 13. court disposition time, 85 juvenile court age limil. 79 indigent defense systems. 75 tried in limited jurisdiction courts. 15 per capita spending for justice. juvenile facililies population. 103 judicial waiver provisions. 79 82 Nat~onalCenter for the Analysls of 122 New Orleans jury size, 86 Mississippi Violent Crime (NCAVC), 4 prison inmate housing space. 108 cases rejected and dism~ssed, justice spending, 117 adult correctional population. 102 National Crime Survey (NCS). See sentencing guidelines. 91 73 juvenile court age limit. 79 capital punishment legislation. 99 also Household crimes; speedy trial restrictions, 85 conviction rate, 84 juvenile facilities population. 103 community superv~sionratio. 102 Personal crimes; specific victim compensation court disposition time, 85 pretrial release community safety deadly force laws, 31 offenses; Victimization; Vic- expenditures, 36 guilly plea rate. 83 provisions. 77 DWI laws, 94 timization surveys programs. 37 jury trial rate, 84 prison inmate housing space, 108 grand jury indictment, 72 crlme reporting data. 34 New Mexico plea bargaining prohibitions. 83 sentencing guidelines, 91 indigent defense systems. 75 family violence data. 33 adult correctional population. 102 prison inmate housing space. 108 speedy trial restrictions. 85 judicial waiver provisions. 79 Uniform Crime Reports com- capital punishment legislation, 99 sentencing guidelines. 91 viclim compensation jury size. 86 pared. 11 community supervision ratio. 102 speedy trial restrictions, 85 expenditures, 36 justice spending, 117 National Survey of Crime Severity deadly force laws. 31 victim compensation programs, 37 juvenile court age limit. 79 (NSCS), 16 determinate sentencing, 91 expenditures, 36 Maximum-custody prisons. 107 juvenile facilit~espopulation, 103 NCAVC. See National Center for DWl laws. 94 programs, 37 McNaughton rule, 87 per capita spending for justice. the Analys~sof Violent grand jury indictment. 72 Low-rate offenders. 44. See also Medium-custody prisons, 107 122 Crime guilty but mentally ill verdict. 87 Offenders Men. See Sex prison inmate housing space. 108 NCS. See National Crime Survey indigent defense systems, 75 Mental health of the accused, 87 sentencing guidelines, 91 Nebraska judicial waiver provisions. 79 Magistrates Metropolitan statistical areas speedy trial restrictions. 85 adult correctional population, 102 jury size. 86 discretion. 59 (MSAs), crime rates, 19 Missouri arrest outcomes. 60 justice spending. 117 initial appearance, 57 Mich~gan adult correctional population, 102 capital punishment legislation, 99 juvenile court age limit. 79 salaries, 126 adult correctional population, 102 capital punishment legislation, 99 community supervision ratio, 102 juvenile facilities populatlon, 103 Ma~ne community supervision ratio. 102 community supervision ratio, 102 deadly force laws. 31 per capita spending for justice. adult correctional population. 102 deadly force laws. 31 deadly force laws, 31 DWI laws, 94 122 community superv~sionratio, 102 Detroit DWI laws, 94 elimination of bail bond~ngfor pretrial release community safety deadly force laws. 31 conviction rate, 84 grand jury indictment. 72 profit, 76 provisions. 77 determinate sentencing, 91 court disposition tlme. 85 indigent defense systems, 75 grand jury indictment. 72 prison inmate housing space. 108 DWI laws. 94 guilty plea rate. 83 judicial waiver provisions, 79 indigent defense systems. 75 sentencing guidelines, 91 grand jury indictment, 72 DWI laws, 94 jury size, 86 jury size. 86 speedy trial restrictions. 85 Indigent defense systems. 75 grand jury ind~ctment,72 justice spending. 117 justice spending. 117 victim compensation judicial waiver prov~sions,79 guilty but mentally ill verdict, 87 juvenile court age I~mit,79 juvenile court age limit, 79 expenditures. 36 jury size. 86 ind~gentdefense systems, 75 juvenile facililies population. 103 juvenile facilities population. 103 programs, 37 justice spending. 117 judiclal waiver provisions. 79 Kansas City pretrial release community safety New York juvenile court age lim~t.79 jury size. 86 conviction rate. 84 provisions. 77 speedy trial restrictions. 85 juvenlle facililies populat~on.103 justice spending. 117 prison lnrnate housing space. 108 prlson inmate hous~ngspace. 108 victim compensation per capita spending for justice. juvenile court age limit, 79 sentencing guidelines, 91 sentencing guidelines. 91 programs, 37 122 juvenile facilltles population. 103 speedy trial restrictions, 85 speedy trial restrictions, 85

Report to the Nation on Crime and Justice 131 New York State career criminals. 44 victim compensation President's Commission on private sector involvement. 118 adult correctional population. 102 chronic offenders. 44 expenditures. 36 Organized Crime. 8 right to counsel. 74 arrest outcomes, 60 by ethnic origin, 47 programs. 37 Presumptive sentencing, 91 State and local spending, 116, 12 Bronx habitual offenders, 44 Organized crime. 8 Pretrial release. See also Bail: of white-collar crime. 9 court disposition time, 85 high-rate. 44 activities and characteristics. 8 Citation release Prosecutors. See also Prosecution Buffalo juveniles. 42 definition. 2 and community safety, 77 adjudication process. 57-58 conviction rate, 84 male to female ratio, 46 President's Commission on options, 57, 76 charging function. 71 community supervision ratio. 102 minorlty groups, 47 Organized Crime, 6 rearrest rates, 77 exercise of discretion, 59 deadly force laws. 31 motives. 45 RICO, 8. 93 sequence of events, 56 guiltyrole of. pleas. 71 83 DWI laws. 94 multiple offenders, 5 Prison commitment. See also grand jury indictment. 72 personal characteristics. 41 Parole. See also Mandatory release Sentencing salaries. 126 indigent defense systems, 75 with prior criminal records. 43 (from prison) release, 100 screening practices. 72 jury size. 86 by race. 47 costs per parolee, 124 sentence length. 97 Prostitution arrests, 67 justice spending. 117 rearrest rates, 45 in criminal justice process. 58 time served, by offense, 100 Public defender programs. See juvenile court age limit, 79 recidivism. 111 decline in use. 105 Pr~sonpopulation. See also Jail also Indigent defense juvenile facilities population, 103 relationship to victims. 16. 32 definition, 100 population intergovernmental structure. 59 Manhattan repeat offenders, 42. 44. 91. 124 to ease prison crowding. 109 adult inmates by State. 102 overview of systems, 74 cases rejected and dismissed, sentences. 90 official records on parolees, 40 characteristics. 41 salaries. 126 73 social and economic characteris- parole authority's discretion. 59 conviction records. 103 spending per caplta. 121 conviction rate. 84 tics. 48-49 parolees, by State, 102 criminal history, 103 State and local spending. 116 guilty plea rate, 83 sources of information. 40 parole officers' salaries. 126 drug and alcohol use, 50-51 Public intoxication. See Driv~ng jury trial rate. 84 traits. 40-41 rearrest rates. 45. 111 early release programs. 109 while intoxicated; prosecution of felony cases, 71 weapons use. 20 trends. 104 educational and family back- Drunkenness New York City Ohio Pennsylvania ground. 48 Public order offenses. 3 juvenile offenders, 44 adult correctional population. 102 adult correctional population, 102 employment and income levels, definition. 3 per capita spending for justice, arrest outcomes. 60 arrest outcomes. 60 49 juvenile court referrals, 78 177 capital punishment legislation, 99 capital punishment legislation, 99 by ethnic origin. 47 offenders' education level. 48 pretrial release community safety Cleveland community supervision ratio. 102 housing space, 108. 109 as percentage of offenses, 40 provisions, 77 court disposition time, 85 deadly force laws, 31 by race, 47 prison terms. 100 prison inmate housing space. 108 Columbus DWI laws, 94 recidivism. 111 sentencing guidelines, 91 juvenile offenders. 44 grand jury indictment. 72 by sex, 46 Race victim compensation community supervision ratio. 102 guilty but mentally ill verdict. 87 trends, 104-105 arrest patterns. 47 expenditures, 36 Dayton indigent defense systems, 75 by type of offense. 40 and attack bv armed offenders. Nolle prosequi, 57, 73 court disposition time, 85 judicial waiver provisions. 79 Prisons. See also Correctional 21 Nolo contendere. 57 deadly force laws, 31 jury size. 86 facilities; Jails and economic impact of crime, 2! Nonstranger crimes. 32. See also DWI laws. 94 justice spending, 117 construction costs. 124-125 of homicide victims. 28 Family relationships grand jury indictment. 72 juvenile court age limit, 79 crowding. 108 and incarceration chance, 47 North Carolina indigent defense systems. 75 juvenile facilities population. 103 definition. 106 of jaillprison population. 47 adult correctional population. 102 judicial waiver provisions. 79 per capita spending for justice. housing space, 108-109 and lifetime risk capital punishment legislation. 99 jury size. 86 122 operating costs, 123 of homicide. 28 community supervision ratio. 102 justice spending. 117 Philadelphia population density, 109 of victimization. 29 deadly force laws. 31 juvenile court age limit. 79 arrestirearrest rate. 45 private sector involvement, 118, of offenders, 41 determinate sentencing. 91 juvenile facilities population. 103 conviction rate, 84 119 of police officers, 63 DWI laws, 94 prison inmate housing space, 108 guilty plea rate. 83 security levels, 107 and recidivism rates. 111 grand jury indictment, 72 sentencing guidelines. 91 jury trial rate. 84 staffing. 107 and victimization rates, 26-27 indigent defense systems. 75 speedy trial restrictions, 85 juvenile offenders. 44 State prlson characteristics, 107 victim-offender relationship. 33 judicial waiver provisions. 79 victim compensation Pittsburgh Prison sentences. See Prison and victims' likelihood of injury, 21 jury size, 86 expenditures, 36 court disposition time, 85 commitment; Sentencing; Racketeer Influenced and Corrupt justice spending. 117 programs. 37 prison inmate housing space. 108 specific offenses Organization (RICO) juvenile court age limit, 79 Oklahoma sentencing guidelines, 91 Prison terms. See Sentencing; statutes juvenile facilities population, 103 adult correctional population, 102 speedy trial restrictions. 85 specif~coffenses; Time in f~ghtagainst organized crime, pretrial release community safety capital punishment legislation, 99 victim compensation served 8 provisions, 77 community supervision ratio, 102 expenditures, 36 Private security. See also Privatiza- forfeiture provisions, 93 prison inmate housing space, 108 deadly force laws. 31 programs. 37 tion; Security devices Rape sentencing guidelines, 91 DWI laws, 94 Personal crimes. See also Assault; costs. 114 age at arrest. 43 speedy trial restrictions, 85 grand jury indictment. 72 Larceny; Rape; Robbery; role in crime control, 66 arrest rate by race. 47 victim compensation programs, 37 ind~gentdefense systems, 75 Violent crimes Privatization California juven~leoffenders North Dakota judicial waiver provisions, 79 costs, 114 adult corrections. 118-119 study. 44 adult correctional population, 102 jury size, 86 household crimes comparison. 3 bail. 76. 118 def~nition,2 community supervision ratio, 102 justice spending. 117 incidence. 12 juven~lecorrections, 110. 118 male to female arrest ratio. 46 deadly force laws. 31 juvenile court age limit. 79 losses, 25 legal defense. 74-75. 118 number of arrests. 67 DWI laws. 94 juvenile facilities population. 103 in NCS. 3 private security, 66, 118 percent cleared by arrest. 68 grand jury indictment. 72 per capita spending for justice. victimization rate. 29 prosecution. 71, 118 percent of violent crimes, 12 indigent defense systems, 75 122 Petty offenses, 56 Probation prison terms, 100 judicial waiver provisions, 79 prison inmate housing space. 108 Plea bargain~ng,State prohibitions, adult probationers. by State. 102 rate. 14 jury size. 86 sentencing guidelines, 91 83 as alternative to imprisonment. 90 sentence length, 97 justice spending, 117 speedy trial restrictions, 85 Pleas. See Guilty pleas; Nolo costs per probationer. 124 severlty of victim injury, 25 juvenile court age limit. 79 victim compensation contendere; Plea In criminal justice process. 58 victimization rate. 24 juvenile facilities population. 103 expenditures. 36 bargaining official records, 40 victimization risk, 27, 29 per capita spending for justice, programs, 37 Police cars. costs of. 124. 125 probation off~cers'salaries. 126 victim-offender relationship. 32 122 Oregon Police officers. See also Law trends weapons use, 20 prison inmate housing space. 108 adult correctional population, 102 enforcement population. 104 Reactions to Crime project, 24 sentencing guidelines. 91 capital punishment legislat~on,99 employment. 63. 64. 65 sentencing, 96 Rearrest rates speedy trial restrictions. 85 community supervision ratio. 102 exercise of discretion. 59 Professional offenders, 44. See also arrest record and. 45 victim compensation deadly force laws. 31 history, 63 Offenders California study, 45 expenditures. 36 DWI laws, 94 reports received on crimes. 12, 34 Proffit v Florida. 98 and parolee characterist~cs.l?l programs. 37 elimination of bail bonding for response time. 62 Property crimes. See also Arson; pretrial release. 77 Northeastern U.S. profit. 76 role. 62 Burglary; Household State prisoners. 45 adult correctional population. 102 grand jury indictment. 72 salaries, 126 crimes; Larceny; Motor young parolees. 111 black State prisoners. 47 indigent defense systems. 75 Police protection. See also Law vehicle theft Recidivism. See Rearrest rates; crime rates, 18 judicial waiver provisions. 79 enforcement age at arrest. 43 Repeat offenders justice spending per capita. 122 jury size. 86 costs per capita. 116 juvenile court referrals. 78 Rehabilitation as sentencing juvenile facilities population. 103 justice spending. 117 density, 64-65 juvenile rearrest rates, 111 objective, 90 prison inmate housing space, 108 juvenile court age limit. 79 government spending. 115. 116. male to female offender ratio, 46 Release from prlson NSCS. See National Survey of juvenile facilities population. 103 120-21 number of arrests, 67 to ease crowding. 109 Crime Severity Marion County history, 63 offender character~st~cs.41 expiration of sentence. 100 juvenile offenders, 44 intergovernmental structure, 59 offenders' education level. 48 goodlime and. 100 Obstruction of justice. 9 per capita spending for justice. invest~gation,56 as percentage of offenses. 40 mandatory release, 100 Offenders. 39-53. See also Jail 122 personnel and equipment. 63 prison terms, 100 parole. 100 population; Juvenile plea bargainlng prohibltions, 83 and private security. 66 sentence length, 97 recidivism. 111 offenders; Prison popula- Portland spending per capita. 121 violent crimes comparison. 3, 12. Release on recognizance (ROR). tlon; Sentenc~ng;specif~c cases dismissed, 73 Postal Inspection Service, 63 16 76 offenses conviction rate, 84 Preliminary hearings Prosecution. See also Prosecutors Repeat offenders. See also by age. 41-43 court disposition time, 85 In crim~naljustice process. 56-57 of computerdated crimes, 10 Offenders alcohol-related driving offenses. guilty plea rate. 83 to determine probable cause, 72 in criminal justice process. 56 characteristics. 44 94 jury trial rate. 84 felony processing. 72 d~smissalor rejection, 53, 72, 73 community vs. prison placement prison inmate housing space. 108 President's Commission on Drunk of felony cases. 71 and cost to society, 124 sentencing guidelines. 91 Driving. 7 information, 56, 72 RAND Corporation study. 42 speedy trial restrictions, 85 intergovernmental structure. 59 sentencing enhancements. 91 plea bargaining. 83

132 Report to the Nation on Crime and Justice Reporting crime. See Crime reports death penalty. 98-99 per capita spending for juslice, prison inmate houslng space. 108 offenses and arrest rates by Resort areas determinate, 91, 95 177-- sentencing guidelines. 91 country, 68-69 arrest rates in relation to crime disparity, 90 pretrial release community safety speedy trial reslrictions. 85 reported in 1985. 12 rates. 69 enhancements. 91 provisions. 77 victim compensation Unlawful entry. See also Burglary high crime rates. 18 felonies. 97 prison inmate housing space. 108 expenditures. 36 definition. 6 Restitution forfeiture, 93 sentencing guidelines, 91 programs. 37 seasonal trends, 17 in criminal juslice process. 58 goals and objectives, 90 speedy trlal restrictions, 85 Texas Urban areas as sentencing objective. 90 guidelines, 91-92 Southern U.S. adult correctional population. 102 arrest rates vs. crime rates. 69 sentencing options, 96 indeterminate, 91. 95 adult correclional population. 102 capital punishment legislation. 99 crime rates. 18-19 victim compensation programs. judicial discretion. 90-91 black State prisoners. 47 community supervision ratio. 102 household v~clim~zationrisk. 29 36-37 juveniles. 95 crime rates, 18 Dallas U.S. Courts of Appeal. 82 Retr~butionas sentencing objective, mandatory sentencing. 91 justice spend~ngper capita, 122 conviction rate. 84 U.S. District Courts. 82 cm-- matrix. 92 juvenile facilities populalion. 103 guilty plea rate, 83 U.S. Marshals Service. 125 Rhode Island multiple charge convictions. 97 prlson inmate housing space. 108 jury trial rate, 84 U.S. Supreme Court, 82 adult correctional population. 102 partially indeterminate, 91 Speedy trial laws. 85 deadly force laws, 31 Utah community supervision ratio. 102 presimptive, 91 Sptlt sentences, 90. 96 DWI laws. 94 adult correctional population. 102 conviction rate, 84 and prison population. 105 Spouse abuse grand jury indictment. 72 arrest outcomes, 60 deadly force laws. 31 prison terms, 100 measurement problems, 33 Indigent defense systems. 75 capital punishment legislation. 99 DWI laws, 94 sentence length. 97 number of arresls. 67 judicial waiver provisions. 79 community supervision ratio, 102 grand jury indictment. 72 sentence rollback. 109 spouse-on-spouse crime. 33 jury size. 86 deadly force laws. 31 guilty plea rate, 83 societal objectives, 90. 96 States. See also individual States justice spending. 117 DWI laws. 94 indigent defense systems. 75 State systems. 90-91 adult correctional populations. 102 juvenile court age limit. 79 grand jury indictment. 72 judicial waiver provisions. 79 and time served. 100 arrest outcomes. 60 juvenile facilities population, 103 guilty but mentally ill verdict, 87 jury size. 86 Severity of crime, NSCS survey, 16 capital punishment legislation. 99 offenders' crime rates. 44. 45 indigent defense systems. 75 jury trial rate, 84 Sex community supervision ratio. 102 per capita spending for justice. insanity defense abolishment, 87 justice spending, 117 of arrestees and offenders, 41 courts 122 judicial waiver provisions, 79 juvenile court age limit. 79 and fear of crime, 24 felonies. 82 plea bargaining prohibitions. 83 jury size, 86 juvenile facilities populatlon, 103 of homicide victims, 28 growth of appeals, 88 pretrlal release community safety just~cespending. 117 pretrial release community safety of offenders guilty pleas, 83 provisions, 77 juvenile court age limit. 79 provisions, 77 and arrest rates. 46 limitation of bondsmen's role. 76 prison inmate housing space. 108 juvenile facilities population. 103 prlson inmate housing space, by crlme categories, 46 public defender programs. 74 sentencing guidellnes. 91 per capila spending for justice. 108 and recidivism rates. 111 structure. 81-82 speedy trial restrictions, 85 122 Providence and type of crime, 46 deadly force laws, 31 victim compensation pretrial release community safety court disposition time. 85 of police officers, 63 determinate sentencing. 91 expenditures. 36 provisions, 77 sentencing guidelines, 91 of prison inmates, 46 DWI laws. 94 programs. 37 prison inmate housing space. speedy trial restrictions. 85 of State prison inmates. 107 grand jury indictment, 72 Theft. See Embeulement; Fraud 108 victim compensation and victim-offender relationship, indigent defense systems, 75 offenses; Larceny; Motor Salt Lake City expenditures, 36 32 judicial waiver provisions, 79 vehicle theft Robbery cases rejected and dismissed. programs, 37 of victims jury size. 86 Third-party custody. 76 73 RlCO statutes. See Racketeer and likelihood of injury, 25 justice Time served. 100 conviction rate. 84 Influenced and Corrupt and reporting rates, 34 arrest outcomes. 60 Trade secret theft, 9 guilty plea rate, 83 Organization statutes and risk of victimization. 28. 29 responsibility for criminal Transjurisdictional crimes, 4 jury trial rate. 84 Robbery and victimization rates. 26-27 juslice. 59 Trends prosecution of felony cases, 71 age at arrest. 43 and weapon use, 21 sentences. 90-91 aggravated assault. 62 sentencing guidelines, 91 arrest rate by race. 47 Sexual offenses. See ako Assault; justice spending. 117 appeals, 88 speedy trial restrictions. 85 average loss. 5 Rape juvenile court age limit. 79 arrest rates victim compensation of banks, 60 age at arrest. 43 juvenile facilities population. 103 by age, 42 programs, 37 of businesses. 12 definition, 2 mandatory sentencing laws. 91 by sex. 46 vlctim compensation programs, 37 declining rates. 5 druglalcohol use during crime, 51 per capita spend~ngfor justice. bombings, 21 def~nition.2. 5 juvenile offenders. 44 122 burglary, 6, 13-14 Vagrancy arrests. 67 drug/alcohol use during crime. number of arrests, 67 police protection. 65 civilian employment in law Vandalism 51 as percentage of offenses, 40 pretrial release community safety enforcement, 63 arrests. 67 imprisonment rates. U.S vs. prison terms, 100 provisions. 77 correctional populations. 104-105 definition, 3 other countries. 103 prostitution, 67 prlson inmate housing space, 108 crime reported to the pollce, 14 VCAP See Violent Criminal juvenile offenders, 44. 95 sentence length. 97 prisons death penalty and executions, 98 Apprehension Program location and time. 5 Sheriffs, 63. See also Police characterist~cs,41. 107 DWI Vermont losses to banks. 114 protection housing space, 108 alcohol-related accidents, 7 adult correctional population. 102 male to female arrest ratio, 46 Shock probation. See Probation inmate profiles, 103 severlty of sanctions. 94 capital punishment legislation. 99 number of arrests, 67 Simple assault. See Assault juvenile facilities population, 103 hom~cide.15 community supervision ratio, 102 as percentage of offenses, 40 Sixth Amendment rights recidivism, 45 mcarceration rate. 104 deadly force laws. 31 percent cleared by arrest, 68 right to counsel, 74 senlencing strategles. 90-91 justice spending DWI laws. 94 percent of cases tried, 84 right to speedy trial, 85 staffing. 107 by cities for police. 121 grand jury indictment, 72 percent of violent crimes, 12 South Carolina senlencing guidel~nes,91 by function, 120 indigent defense systems. 75 prison terms, 100 adult correctional population. 102 speedy trial restrictions. 85 by level of government. 116 judicial waiver provisions. 79 rate. 12 capital punishment legislation. 99 spending by State and local government, jury size. 86 rearrest rates, 111 community supervision ratio. 102 for justice, 115-117, 121, 122 121 juslice spending. 117 reporting rates. 5 deadly force laws. 31 for police and corrections. 120 police employment, 63 juvenile court age limit. 79 sentence length, 97 DWI laws, 94 victim compensation prison population, 104 juvenile facilities population, 103 severity of victim injury, 25 grand jury indictment. 72 expenditures. 36 by sex. 46 pretrial release community safety trends. 5 guilty but mentally ill verdict. 87 programs. 37 reporting. 34, 62 provisions. 77 victimization risk. 27, 29 indigent defense systems, 75 Status offenders robbery, 5 prison inmate housing space. 108 victim-offender relationship. 5. 32 judicial waiver provisions, 79 held In juvenile facilities. 110 seasonal crime rates. 17 sentencing guidelines, 91 vlctims per year. 24 jury size, 86 juvenile court referrals, 78 stranger vs. nonslranger crime. 32 speedy trial restrictions, 85 weapons use, 5. 20 . juslice spending, 117 as percentage of committed victimizalion rates, 13 Vlctim compensation Roberts v Louisiana, 98 juvenlle court age limit. 79 juveniles. 95 Trials. See also Courts; Judicial costs. 123 Runaway arrests, 67 juvenlle facilllies population. 103 Stranger crimes process: Juvenile courts and restitution. 96 Rural areas per capita spending for justice. trends, 32 jury by States, 36. 37 crime rates. 18-19 122 weapons. 20 compensatlon of jurors, 86 Victims' Bill of Rights laws. 37 police protection. 63 pretrial release communlty safety Suburban areas percentage of cases. 84 Victimization victimization risk, 29 provis~ons.77 crime rates. 19 right to, 58 by armed offenders. 20. 21 prlson Inmate housing space. 108 household victim~zationrisk. 29 selection of jurors, 86 and fear of crime. 24 Sanctions. See Sentencing; specific sentencing guidelines. 91 Su~ciderate, 24 nonjury. 58 of households. 12 offenses victim compensation speedy trial restrictions, 85 injuries, 21. 25 Seasonality, 17 expenditures. 36 Tax evasion, 9. 14 State courts. 82 lifetime risk, 29 Security devices programs. 37 Tennessee of persons. 12. 13 businesses. 30 Soulh Dakota adult correctional population, 102 UCR. See Uniform Crime Reports rates. trends. 13 effect on rate of forc~bleentry, 6 adult correctional population, 102 cap~talpunishment legislation, 99 Uniform Crime Reports (UCR). See rates per capila. 19, 26-27 households, 30 cap~talpunishment legislation. 99 community supervision ratio. 102 also Arrests: Clearance risk of. 24, 26-29 in private security. 66 communlly supervlslon ratio. 102 deadly force laws. 31 rates by strangers, 32 Security levels of prisons, 107 deadly force laws, 31 DWI laws, 94 National Crime Survey victim traits, 41 Self-protection from crime, 30-31 DWI laws, 94 grand jury indiclment, 72 compared. 11 Viclimizatlon Rlsk Survey, 24. 30 Self-report surveys of offenders, 40 grand jury ind~clment,72 lnd~gentdefense systems, 75 offenses per capita. 18 Viclimization surveys. See also Sentenclng. 90-101 guilty but mentally ill verd~ct,87 jud~cialwaiver provisions, 79 as source, 11. 13 National Crime Survey alcohol-related dr~v~ngonenses. indigent defense systems, 75 jury size. 86 trends. 14 fear oi crime, 24 94 judicial waiver provisions, 79 justice spending. 117 UCR Index crimes. 11. See also racial patterns in arrests. 47 alternatives. 96 jury size, 86 juvenile court age limit. 79 Arson; Assault; Burglary: security measures taken. 30 in criminal justice process. 58 justice spending. 117 juvenile facililies populalion, 103 Homic~de:Larceny: Motor juvenile court age limit, 79 pretrial release communily safety vehicle theft: Rape: juvenile facilities population. 103 provisions. 77 Robbery

Report to the Nation on Crime and Justice 133 Victims, 23-38. See also Victim Weapons offenses compensation; Victimization age at arrest. 43 characteristics, 26-28 injuries and. 21 compensation of. 36. 37 juvenile offenders, 44 economic impact on. 25 number of arrests, 67 injuries. 25 sentence length, 97 notification, 82 Weapons use, 20-21 participation in prosecution, 82 in robberies. 5. 20 relationship to offender, 16, 32 Western US. self-protection measures, 30-31 adult correctional population, 102 Violent crimes. See also Assault; black State prisoners. 47 Homicide; Rape; Robbery crime rates, 18 clearance rates, 69 justice spending per caplta. 122 decline in rate, 14 juvenile facilities population, 103 by family members. 33 prison inmate housing space. 108 juvenile rearrest rates. 111 West Virginia location. 19 adult correctional population, 102 male to female arrest ratio. 46 community supervision ratio, 102 offender characterist~cs,41 deadly force laws, 31 offenders' educational level. 48 DWI laws, 94 by offenders in prison. 103 grand jury indictment, 72 as percentage of offenses. 40 indigent defense systems, 75 place of occurrence. 19 judicial waiver provisions. 79 prison terms. 100 jury size. 86 property crimes comparison, 3. justice spending. 117 12. 16 juvenile court age limit, 79 protection against, 30-31 juvenile facilities population, 103 rearrest rates, 45 per capita spending for justice, reporting rates. 34. 35 122 sentence length. 97 prlson inmate hous~ngspace. 108 severity rankings, 16 sentencing gu~delines,91 by strangers, 12. 19. 33 speedy trial restrictions, 85 victimization rates, 13, 26-27 victim compensation victimization risk. 24, 29 expenditures. 36 victim-offender relationsh~p.32-33 programs. 37 weapons use. 20 White-collar crime Violent Criminal Apprehension definit~ons.9 Program (VCAP). 4 prosecution and conviclion rates, Virginia 9 adult correctional population. 102 severity rankings, 16 arrest outcomes. 60 Whites. See Race capital punishment legislation. 99 Wire tap, cost of. 123 community supervision ratio, 102 Wire transfer fraud, 10 deadly force laws, 31 Wisconsin DWl laws. 94 adult correctional population, 102 grand jury ind~ctment.72 community supervision ratio. 102 ind~gentdefense systems. 75 deadly force laws, 31 judicial waiver provisions, 79 DWI laws, 94 jury size. 86 elimination of bail bonding for justice spending. 117 profit, 76 juvenile court age limit. 79 grand jury indictment, 72 juvenile facilities population, 103 indigent defense systems. 75 per capita spend~ngfor justice. judicial waiver provisions, 79 122 jury size. 86 pretrial release community safety juslice spending. 117 provisions, 77 juvenile court age limit. 79 prison inmate housing space, 108 juvenile facilities population. 103 sentencing guidelines. 91 per capita spending for justice. speedy trial restrictions, 85 122 victim compensation pretrial release community safety expenditures, 36 provisions, 77 programs, 37 prison inmate housing space, 108 Virgin Islands Racine arrest outcomes. 60 juvenile offenders, 44 victim compensation sentencing guidelines. 91 expenditures, 36 speedy trial restrictions, 85 programs. 37 victim compensation expend~tures.36 Washington. D.C.. See District of programs. 37 Columbia Witnesses Wash~ngtonState as cause for dismissal or adult correctional population. 102 rejection of cases. 73 capital punishment leg~slat~on.99 protection programs. 8. 123. 125 community supervision ratio, 102 trends in services and compen- deadly force laws, 31 sation, 36. 82 determinate sentencing. 91 Women. See Sex DWI laws. 94 Woodson w North Carolina, 98 grand jury indictment. 72 Wrif of certiorari, 58 indigent defense systems, 75 Wyoming judicial waiver provis~ons,79 adult correctional population, 102 jury size, 86 capital punishment legislation. 99 justice spending. 117 community supervision ratio, 102 juvenile court age limit. 79 deadly force laws. 31 juvenile facilities population, 103 DWI laws. 94 pretrial release community safety grand jury indictment, 72 provlslons, 77 indigent defense systems, 75 prison inmate housing space, 108 judicial waiver provisions, 79 Seattle jury size. 86 conviction rate. 84 justice spending. 117 guilty plea rate. 83 juvenile court age Ihmit, 79 jury trial rate. 84 per caplta spending for justice, sentencing guidelines. 91 122 speedy trial restrictions, 85 prison inmate housing space. 108 victim compensation sentencing guidelines. 91 expenditures, 36 speedy trial restrictions. 85 programs. 37

134 Report to the Nation on Crime and Justice