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Colorado Department of Public Safety Division of Criminal Justice
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Report on Criine and Justice in Colorado and 'Denver 1985
SEDGWICK
LOGAN
PHILLIPS
YUMA
\ CHEYENNE X lOW A BENT ~"(130WER5 BACA L'P.~ ~N I MAS Number of UCR Index Offenses per 1,000 population 0-20 20-40 40-60 60-ao ao+ CJ c=:J CJ I····~··· .·····111·,;~;.q :., _. "~J~~~ •• l ""'''''_'_'_ Colorado Department of Public Safety Division of Criminal Justice Report on Crime and Justice in Colorado a,.d Denver ~8~ U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the pers?n or organization originating it. Points of view or opinions stated In this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this co~.jghted material has been granted by Public Domain/Burean of Justice Stati'Stjcs/us Dept. to thJf.lb\ioJ.:i%~fJi.§\ice Reference Ser/ice (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the ~t owner. This report was prepared with financial assistance from Bureau of Justice Statistics grants 84-BJ-CX-K031 and 85-BJ-CX-K018 Department of Public Safety Division of Criminal Justice William Woodward Director Project director Patricia Malak Author.s Patricia Malak Lynn Wiletsky - Youthful Offender Chapter City and County of Denver Information provided by Denver Department of Safety Office of Policy Analysis Contents Introduction iii Charles D. Weller Director I. The criminal event 1 Authors II. The victim 13 Thomas Giacinti Steven Browne III. The offender 25 iV. The response to crime 35 1. An overview 36 Editors 2. Entry into the criminal justice system 40 Martin Moran 3. Prosecution and pretrial services 47 Mary Mande 4. Adjudication 53 5. Sentencing and corrections 61 V. The youthful offender 77 VI. The cost of justice 87 Index 98 ii Report on Crime and Justice in Colorado and Denver 1985 Introduction The Colorado Division of Criminal and answers such questions as: Justice presents to the state this How much crime is there? Who comprehensive picture of crime does it strike? When? Where? and the criminal justice system in Who is the typical offender? Colorado and Denver. Relying What is the response to crime by heavily on graphics and a non the criminal justice system? What technical format, it brings together happens to the convicted offend a wide variety of data from DCJ's er? How differently are juveniles own databases, the Colorado handled from adults? What are Bureau of Investigation, the the costs of justice and who Colorado Judiciary, the Depart pays? ment of Corrections, the Division Be.cause this report analyzes of Youth Services and the Dis many rich data sources and is trict Attorneys Council. presented with the use of graphics A local perspective on crime and and clear expression, it should justice is provided with the inclu be of interest to the general pub sion of data about the City and lic, elected government officials County of Denver, supplied by and criminal justice practitioners. the Denver Department of Safety, The report attempts to assist the Office of Policy Analysis. Colo state as it seeks to appreciate rado's problems and successes the enormity and complexity of are placed in a national context the crime problem and to identify using research and reference solutions facing the criminal jus sources which include the Bureau tice system. of Justice Statistics, the Federal William \"Iood\&Jsrd Bureau of Investigation and the Director Bureau of the Census. Colorado Division of This report contains national, Criminal Justice state and local figures on crime and the criminal justice system Report on Crime and Justice in Colorado and Denver 1985 iii Acknowledgements The idea and format for this / report grew out of the_Report to the Nation on Crime and Justice developed by the Bureau of Jus tice Statistics within the United States Department of Justice. Much of the national data pre sented in the Colorado report were extracted from the national report with permission from the Bureau of Justice Statistics. Information from the national report, such as much of the chapter on the victim, was used to fill gaps in state and local data. The Bureau of Justice Statistics also provided funding for the graphics production and the printing of the report. To ensure the quality of the report, outside experts were involved in its review. Selected for their familiarity with the subject matter, the external reviewers were: Grey Buckley Colorado Bureau of Investigation Tom Crago Colorado Department of Corrections Dan Hall Colorado Judiciary Ray Slaughter Colorado District Attorneys Council Claus Tjaden Colorado Division of Youth Services iv Report on Crime and Justice In Colorado and Denver 1985 ------~ ~ - ~-- --- Chapter I The Criminal event This chapter gives an overview of crime as it exists in Colorado and the City and County of Denver with data that answer such ques tions as: How are crimes defined? What are the most common serious crimes? What are the 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 statis tics tell us about crime trends? When do crimes occur? Where do crimes occur? What kinds of weapons are used in various types of crimes? How often are handguns used in crime? Report on Crime and Justice in Colorado and Denver 1985 1 What is crime? Crimes are defined by law What are the characteristics of the most common serious crimes? In this report, we define crime as Crime Definition Facts all behaviors and acts for which a society provides formally sanc Homicide Causing the death of another person • Homi;:ide is the least frequent without legal justification or excuse. violent crime. tioned punishment.1 In the United • 14% of the murders in 1984 States, what is criminal is speci in Colorado were committed by fied in the written law, primarily strangers. the state statutes. What is • In 67% of the cases the victim and offender were related or included in the definition of crime acquaintances. val ies among federal, state, and • In the other 19% of the cases, the local jurisdictions. relationship was unknown. • 68% of the victims and at least Criminologists devote a great 72% of the offenders were male. deal of attention to defining Rape Unlawful sexual intercourse with a • Most rapes involved a lone crime in both gen€)ral and specific female, by force or without legal or offender and a lone victim. terms. This definitional process is factual consent • Only 18% of the rapes involved the first step toward the goal of the use of a deadly weapon. obtaining accurate crime statistics. Robbery Unlawful taking or attempted taking • Robbery was the violent crime that of property that is in the immediate typically Involved more than one How do violent crimes differ possession of another, by force or offender (in about half of all cases). from property crimes? threat of force. • Almost two-thirds of all robberies involv'Jd the use of a weapon. Violent crime refers to events • Nationally, less than 2% of the such as homicide, rape, and robberies reported to the police assault that may resu.lt in injury were bank robberies. to a person. Robbery is also con Assault Unlawful Intentional inflicting, or • Simple assault occurred more sidered a violent crime because attempted inflicting, of injury upon frequently than aggravated assault, it involves the use or threat of the person of another. Aggravated almost 60% of the time. force against a person. assault is the unlawful intentional • Assault was the most common inflicting of serious bodily injury or type of violent crime, accounting for Property crimes are unlawful acts unlawful threat or attempt to inflict 82% of all violent crime. bodily injury or death by means of a with the intent of gaining prop deadly of dangerous weapon with or erty but which do not involve the without actual infliction of injury. use or threat of force against an Simple assault is the unlawful inten· individual. Larceny, burglary, and tional inflict/ng of less than serious bodily injU'y without a deadly or motor vehicle theft are examples dangerous weapon or an attempt or of property crimes. threat to inflict bodily injury without a deadly or dangerous weapon. How do felonies differ from misdemeanors? Sources: Bureau of Justice Statistics (~'S) National Crime Survey, 1981 BJS Dictionary of Criminal Jusllce Dat& Terminology, 1981 Criminal offenses are also classi Colorado Bureau of Investigation, Crime In Colorado, 1984 and 1985 UCR data. fied according to how they are handled by the criminal justice system. Most jurisdictions recog and dangerous nonnarcotic Drunkenness-Intoxication, but nize two classes of offenses: drugs. A distinction is made does not include "driving under felonies and misdemeanors. between possession and sale or the influence." A felony is defined by the Colo manufacturing. Disturbing the peace-Unlawful rado Constitution as any criminal Sex offenses-In current statisti interruption of the peace, quiet, offense punishable by death or cal usage, the name of a broad or order of a community, includ imprisonment in the penitentiary. category of varying content, ing offenses called "disorderly Misdemeanors are less serious usually consisting of all offenses conduct," "vagrancy," "loitering," offenses usually resulting in a having a sexual element except "unlawful assembly," and "riot." fine, a sentence to the county jail for forcible rape and commercial sex offenses. Driving under the influence and/or probation. Driving or operating any vehicle Fraud offenses-The crime type or common carrier while drunk or What are some other common comprising offenses sharing the under the influence of liquor or crimes in the United States elements of practice of deceit or narcotics. intentional misrepresentation of Drug abuse violations-Offenses Liquor law offenses-State or relating to growing, manufactur fact, with the intent of unlawfully depriving a person of his property local liquor law Violations, except ing, making, possessing, using, drunkenness and driving under selling, or distributing narcotic orlegal rights. 2 Report on Crime and Justice in Colorado and Denver 1985 Crime Definition Facts past decade. For example, the dramatic growth in high tech Burglary Unlawful entry of any fixed structure, • 27% of all household burglaries in vehicle, or vessel used for regular Colorado in 1984 occurred without nology has brought with it residence, industry, or business, with forced entry. sensational accounts of com or without force, with the intent to • In the burglary of more than 13,000 puterized "heists" by sophis commit a felony. Colorado households, the offenders ticated felons seated safely entered through an unlocked win dow or door or used a key (for exam behind computer terminals. The ple, a key "hidden" under a doormat). specter of electronic penetration • About 65% of residential burglaries of the nation's financial assets were known to have occurred has spurred widespread interest between 6 am. and 6 p.m. • Residential property was targeted in computer security by business in 64% of reported burglaries; non and government alike. residential property accounted for the remaining 36%. In the area of political crime, • Almost half of the nonresidential exposes of illegal campaign con property burglaries for which the time tributions and the ability of of occurrence was known took place powerful financial elements to at night. influence government have Larceny Unlawful taking or attempted taking • Pocket picking and purse snatch gravely disturbed the public. (theft) of property other thari a motor vehi ing most frequently occurr inside cle from the possession of another, nonresidential buildings or on street Some organized crime is by stealth, without force and without locations. deceit, with intent to permanently • Unlike most other crimes, pocket white-collar crime deprive the owner of the property. picking and purse snatching affect the elderly as much as other age "Organized crime" refers to those groups. self-perpetuating, structured, and • Most personal larcenies with con discipiined associations of in tact occur during the daytime, but dividuals, or groups, combined most household larcenies occur at night together for the purpose of obtaining monetary or commer Motor Unlawful taking or attempted taking • Motor vehicle theft is relatively cial gains or profits, wholly or in vehicle of a self-propelled road vehicle owned well reported to the police because part by illegal means, while pro theft b~ another, with the intent of depriv reporting is required for insurance ing the owner of it permanently or claims and vehicles are more likely tecting their activities through a temporarily. than other stolen property to be pattern of graft and corruption. recovered. More than 80% of the vehicies stolen in Colorado in 1984 Organized crime groups possess were recovered. certain characteristics that include but are not limited to the Arson Intentional damaging or destruction • 54% of the arsons of structures following: or attempted damaging or destruc were residential properties. tion by means of fire or explosion of • Approximately 29% of the arsons • Their iliegal activities are the property without the consent of of structures were business and 13% conspiratorial. the owner, or of one's own property were public buildings. • In at least part of their activi or that of another by fire or explosives • Juveniles were arrested in 48% of ties, they commit or threaten to with or without the intent to defraud. the arsons cleared by arrest. commit acts of violence or other ~------acts that are likely to intimidate. the influence. Federal Violations gain, or to commit an illegal act • They conduct their activities in excluded are: for personal or organizational a methodicall systematic, or highly gain."2 disciplined and secret fashion. Gambling-Unlawful staking or • They insulate their leadership wagering of money or other thing White-collar crimes include s,uch from direct involvement in illegal of value on a game of chance or traditional illegalities as embez activities by their intricate organi on an uncertain event. zlement, bribery, fraud, theft of zational structure. services, theft of trade secrets, Status offenses-Acts that are • They attempt to gain influence forgery, smuggling, tax evasion, in government, politics, and com illegal only if committed by a obstruction of justice, and others, juvenile, for example, truancy. merce through corruption, graft, where the violator'S position of and legitimate means. fiduciary trust, power, or influence What are white-collar crimes? • They have economic gain as has provided the opportunity to their primary goal, not only from There is much debate over the abuse lawful institutions for patently illegal ent~rprises such proper definition of "white-collar" unlawful purposes. White-collar as drugsl gambling, and loan crime. Reiss and Biderman define offenses frequently involve sharking, but also from such it as violations of law "that involve deception. activities as laundering illegal the use of a violator's position of New forms of white-collar crime money through and investment in significant power, influence or involving political and corporate legitimate business. trust .•. for the purpose of illegal institutions have emerged in the Report on Crime and Justice in-Golorado and Denver 1985 3 Uniform Crime Reports (UCR) and the National Crime Survey (NCS) are the main sources of national crime statisti,cs National crime statistics focus on selected crimes How do UCR and NCS compare? The two sourc"'s, UCR and NCS, Uniform Crime Reports National Crime Survey concentrate I..' measuring a Offenses limited number of well-defined measured: Homicide crimes. They do not cover all Rape Rape possible criminal events. Both Robbery (personal and commercial) Robbery (personal) sources use commonly under Assault (aggravated) Assault (aggravated and simple) Burglary (commercial and household) Household burglary stood definitions rather than Larceny (commercial and household) Larceny (personal and household) legal definitions of crime. Motor vehicle theft Motor vehicle theft Arson "Crime" covers a wide range of events. It isn't always possible to Scope: Crimes reported to the police in most Crimes both reported and not reported tell whether an event is a crime. jurisdictions; considerable flexibility in to police; all data are for the Nation as developing small-area data a whole; some data are available for a For example, if your personal few large geographic areas property is missing, you may not know for certain whether it was Collection stolen or simply misplaced. method: Police department reports to FBI Survey interviews; periodically measures the total number of crimes committed by asking a national sample The UCR Index shows trends in of 60,000 households representing eight major crimes 135,000 persons over the age of 12 about their experiences as victims of In 1927, the International Associ crime during a specified period. ation of Chiefs of Police (lACP) Kinds of formed a committee to create a information: In addition to offense counts, Provides details about victims (such as uniform system for gathering provides information on crime clear age, race, sex, education, income, and police statistics. The goal was to ances, persons arrested, persons whether the victim and offender were develop a national system of charged, law enforcement officers related to each other) and about crimes killed and assaulted, and character (such as time and place of occurrence, statistics that would overcome istics of homicide victims whether or not reported to police, use variations in the way crimes were of weapons, occurrence of injury, and defined in different parts of the economic consequences) county. Sponsor: Department of Justice Department of Justice Because of their seriousness, Federal Bureau of Investigation Bureau of Justice Statistics frequency of occurrence, and likelihood of being reported to the police, seven crimes were techniques), the NCS measures against persons age 1 2 or older selected as the basis for the the same crimes as the UCR. and against their households. Both the UCR and NCS count UCR Index for evaluating changes • The two programs, because attempted as well as completed in the volume of crime .. Arson they serve different purposes, crimes. was added as the -eighth UCR count crimes differently in some Index offense in 1978. instances. For example, a criminal The portraits of crime from robs a victim and steals someone UCR data in Colorado are col NCS and UCR differ because lected by the Colorado Bureau of they serve different purposes else's car to escape. UCR only Investigation from local law and are based on different counts the robbery, the more serious crime. NCS could count enforcement agencies. The infor sources mation is then transmitted to the both; one as a personal crime FBI to be included in national These a.re some of the more and one as a household crime. statistics. important differences in the pro grams, thought to account for a • Each program is subject to the kinds of errors and problems good deal of the differences in The NCS adds information typical of its method of data resulting statistics: about victims and crimes not collection that may serve to reported to police • The UCR counts only crimes widen or narrow the differences In 1973, to learn more about coming to the attention of the in the counts produced by the crimes and the victims of crime, police. The NCS obtains informa two programs. For example, it is the National Crime Survey began tion on both reported and unre widely believed by analysts that to measure crimes not reported ported crime. the rise in the number of rapes to police as well as those that reported to police stems largely • The UCR counts crimes com from the special programs estab are reported. Except for homicide mitted against all peopl\3 and all lished by many police departments (which is well reported in police businesses, organizations, gov statistics) and arson (which is dif to treat victims of rape more ernment agencies, and other vic sympathetically. ficult to measure using survey tims. NCS counts only crimes 4 Report on Crime and Justice in Colorado and Denver 1985 How much crime is there? 201,804 UCR index crimes • In the same year, businesses Property crimes outnumbered were reported to police in were burglarized at a rate of violent crimes 13 to 1 Colorado in 1984 more than 5 times higher than the rate for households. Vlol6M Crimes State Denver Convenience stores are robbed Murder 178 82 more often than other types of Forcible rape 1,243 427 businesses Property crimes Robbery 3,588 1,681 5,827 per 100,000 Assault In 1981, more than 140,000 com Colorado population ~ ~ Total violent 14,420 4,100 pleted or attempted robberies were reported to the police Property Crimes throughout the United States OJ Burglary 48,990 15,035 stores, gas stations, banks and Larceny/theft 125,958 27,757 other commercial establishments. Motor vehicle Convenience stores were hit by theft 12,436 5,022 35,000 robberies-about 1.5 times Total Property 187,384 47,814 the number of gas station rob Total 201,814 51,914 beries and 5 times the number of bank robberies. Source: CBI, Crime in Colorado, 1984 More than $142 millioill was Denver has a higher rate of reported stolen in Colorado in crime than the balance of the 1984 stab! PropertJ' crimes Larceny-theft 62.3% 790 violent crimes per 100,000 Loss Per Burglary 24.3 population were reported in Den Offense Value Offense Motor vehicle Rape $ 51,488 $ 4'1 theft 6.2 ver in 1984 and 9,210 property Robbery 2,272,792 638 Total property offensf3s. Approximately 16% of crimes 92.8 Colorado's population lives in Burglary 45,914,968 937 Denver, but 26% of the reported Larceny 42,434,172 336 Violent crimes Aggravated crime occurred in Denver. Vehicle theft 51,536,131 4,444 assault 4.7 Total $142,217,706 Robbery 1.8 $ 739 Forciblo rape .6 Businesses are prime targets Murder .1 of robbers and burglars Source: CBI, Crime In Colorado, 1984 Total violent crimes 7.2 • In 1980, businesses in the United States were robbed at a rate 10 times higher than the rate for private persons. Motor vehicles are more likely to be recovered than any other type of stolen property Percent Type of Property Stolen Recovered Recovered Locally stolen motor vehicles $ 53,135,274 $43,106,326 81% Firearms 1,897,142 275,048 15 Consumable goods 1,424,652 198,409 14 Livestock 355,520 49,917 14 Violent crimes 448 per 100,000 Clothing and furs 4,116,969 469,839 11 Colorado population Jewelry 14,286,708 1,492,872 10 Office equipment 3,770,061 362,902 10 Household goods 3,863,3:;3 322,514 8 Currency 8,438,644 692,108 8 TeleviSion, radios, stereos, etc. 18,937,445 1,492,903 8 Other 31,991,968 5,294,104 17 D Total 142,217,706 53,756,942 38 Source: Colorado Bureau of Investigation (CBI), Crime In Colorado, 1984 Source: CBI, Crime In Colorado, 1984 Report on Crime and Justice In Colorado and Denver 1985 5 What are the trends in crime? In 1984, index crimes were at There also has been a general A hOllsehold is considered their lowest level in nine years downturn in criminal victimiza "touched by crime," if during the tion rates in recent years year it experienced a burglary, Larceny/theft, aggravated assault and motor vehicle theft increased The proportion of the nation's auto theft, or household larceny, or if a household member was between 1973 and 1984. How households touched by a crime of violence or theft fell in 1983 to raped, robbed or assaulted or ever, all of the index crime was the victim of a personal categories have leveled off or 27% from the previous year's larceny. declined in recent years. Both level of 29%. This is the lowest the actual number of index level in the 9-year period for The rates of victimization obtained crimes reported to police and the which these data are available. from crime surveys of citizens rate per 100,000 population de The percent of the nation's are generally thought to reflect creased in Colorado each of the households touched by crime more completely the actual last three years. A similar trend has been declining slowly since amount of crime because they also is emerging at the national 1975, but the 1982-1983 change measure both reported and level. was the largest year-to-year unreported crime. decrease. Index crime has declined in most categories in recent years UCR Index Crimes per 100,000 population % change 1973-84 5000 Violent UCR Index Crimes per 100,000 population % change LARCENY-TH EFT 1973-84 4000 400 +16.8 300 3000 +32.0 BURGLARY 2000 200 ROBBERY ~ ...... -32.5 1000 100 TOTAL VIOLENT CRIMES FORCIBLE RAPF ~::::_:-::_=__ ~_....,_",,_-;::_-=,-,.-. +4.3 --<:c"'---_-_-_-_--_-_-_------+5.4 MOTOR VEHICLE THEFT 28.2 ------HOMICIDE 1973 1978 1984 o1973 ====::::======~ 1978 1984 -8.0 Sources: ColoradO Bureau of Investigatlon, Crime in Colorado, 197CJ-1984 Federal Bureau of Investigation, Crime in the United States, 1973-1975 6 Report on Crime and Justice in Colorado and Denver 1985 Homicide data provide added to 1933, the rate rose from 1.1 to began to rise sharply. As dis perspective to crime trends 9.7 homicides per 100,000 peo cussed in Chapter II, violent vic The National Center for Health ple. Between 1934 and 1958, it timization is most prevalent Statistics derives homicide data fell to 4.5. From 1961 through among people under age 30. from death certificates filed 1980, it rose again to 11.0. Many Therefore, when the baby-boom throughout the United States, minor short-term trends are also generation reached the victim based on the judgments of evident, such as the 1945-47 rise ization-prone ages, the homicide appropriate authorities as to the within a long-term falling trend. rate would be expected to causes or probable causes of While it is safe to say that many increase. death. national events combine to affect UCR and Public Health Homicide data have been com the crime rate, some occurrences statistics both show that the piled from death certificates for seem of such magnitude that homicide rate has been rising the entire 20th Century to date. their inflbence seems to be a since 1961 This makes it possible to view major factor: rises and drops in the homicide Despite differences between the • World War" affected the two series, historically, they have rate against a backdrop of events homicide rate, by a sharp decline tracked very closely. Homicide and developments of national during the war years, and a statistics are generally regarded magnitude in order to explore the short-term rise immediately after possibility that any of these as the most reliable and valid of the war's end, when most of the all crime statistics. events or developments have soldiers returned home. had any influence on the homicide Because the two series serve dif rate. • The postwar baby-boom ferent purposes, they consider generation began to reach age homicide from somewhat dif Three major long-term trends in 16 in the early 1960's. At the ferent perspectives and, therefore, homicide are evident. From 1903 same time, the homicide rate do differ slightly. lin 1980, the homicide rate was the llighest level in this century. Homicides per 100,000 U.S. population 2.5 i 19Lo-o------19;1~0----~~1;9~20~----~~19~3~0~~--~~19~40n---~--11i95~0~------U19!s600--~o--~1~977cO,_------~1~g Source: Vital statistics of the Uniled Slates. National Cenier for Health Statisllcs Report on Crime and Justice in Colorado and Denver 1985 7 Where does most crime occur? UCR Index Crime rates are highest in urban and resort areas SEDGWICK LO~AN pHILLIPS yUMA CARSON LI NeaL,.,. CHEyENNE K IOWA eACA Source: Colorado Bureau of Investigation, Crime In Colorado, 1984 Number of UCR Index Offenses per 1,000 population 0-20 20-40 40-60 60-80 80+ c=J c:J L.'r> I 1"';' Counties with the highest Colorado ranks below the national average on violent crimes and crime rates tend to be urban or above on property crimes resort areas; those with the lowest rates tend to be very Rate PeT 100,000 Population rural Colorado's The resort areas have very high Colorado National Ranking rates of property crime. Part of Violent crimes 476 529 18 the high crime rate in resort Homicide 6 8 25 areas is due to the high number Forcible rape 42 34 8 of nonresidents relative to the Robbery 126 214 22 resident population. Aggravated assault 302 273 12 Property crimes 6,151 4,630 1 Burglary 1,532 1,334 10 Larceny/theft 4,246 2,867 1 Motor vehicle theft 373 429 15 Note: District of Columbia is excluded from state ran kings Source: Federal Bureau of Investigation, Crime In the United States, 1983 8 Report on Crime and Justice in Colorado and Denver 1985 - UCR Ind#'3x Crime rates are highest in the older neighborhoods in the center of Denver Number of UCR Index Offenses per 1,000 population 0-50 50-100 100-150 150-200 200+ c:J I""/i, J Ii, ':\,;1 h%l'A _ Source: Denver Department of Safety, 1983 Neighborhood Rankings 87% o~ violent crimes occurred % crimes away from victim's home of violence (rape, % larceny National Crime Survey data for Place robbery, without 1980 indicate that: of occurrence assault) contact On street, park, • Only 13% of the total number playground, school of violent crimes occurred in and ground, or parking around the victim's home, but lot 41% 44% 20% of all rapes occurred there. • 39% of violent crimes commit- Inside nonresi- 21 ted by persons known to the dential building 15 victim took place in or near the Inside own home 13 * victim's home, while only 15% of those committed by strangers Near own home 11 * occurred there. • 86% of all household larcenies Inside school 5 16 took place near the victim's home rather than inside the Elsewhere 15 19 dwelling. Total 100% 100% ·By definition, personal larceny without contact cannol occur In Ihese locations. ' Source: BJS Nation'll Crime Survey, 1980. Report on Crime and Justice in Colorado and Denver 1985 9 --I When does crime occur? Emergency calls for service Most crimes occur on Friday Crime incidence varies with are greatest between 6:00 p.m. and Saturday time of day and 2:00 a.m. In 1980, among the crimes most An analysis of calls for service 30 Homicide likely to occur during evening or conducted by the Denver Police nighttime hours were motor vehi- Department and the Denver Anti 20 cle theft (68%) and serious Crime Council in 1981 showed violent offenses such as personal that more than 41 % of the calls 10 robbery (58%) and aggravated for service are received during assault (56%) 0 the 6 p.m. to 2 a.m. shift and only , I I 21% are received during the Sun Mon Tues Wed Thur Fri Sat Among the crimes least likely to 2 a.m. to 10 a.m. shift. happen at night were simple assault (48%), purse snatching 280 Robbery and pocket picking (38%), and personal larceny without contact Calls for service in Denver 240 (45%). are lowest about 4:00 a.m. 200 Many people do not know when and then increase throughout some crimes took place. How- the day until midnight 160 ever, among victims who did Sun Mon Tues Wed Thur Fri know, burglaries (53%) occur Frequency more often during the day, and of Calls household larcenies (70%)- 3000 Assault which do not involve either illegal 450 entries or break-ins-happen 2600 more often at night. 2200 Many Colorado communities 1800 experience seasonal variation Sun Mon Tues Wed Thur Frl in crime Crime, especially larcenies, 100 5000 increase during the winter 50 " Burglary months in the ski areas. These O~ __~ __~ __~ __~~~~ 12AM 4AM 8AM 12PM 4PM 8PM 4500 and other communities may also TIme of Day see an increase in crime during 4000 the summer months with an influx of tourirts. 3500 Source: Denver Police Department, Analysis of 1981 "Calls for Service" Sun Mon Tues Wed Thur Frl Sat 14000 Larceny The highest proportion of crime related calls in Denver 13000 are received between 6 p.m. and 2 a.m. 12000 Shift Type 11000 of call 2am·10am 10am·6pm 6pm-2am Traffic 24% 30% 25% 10000 Crime 31 26 47 Sun Mon Tues Wed Thur Frl Sat Alarms 46 44 28 Source: Denver Pollee Department Analysis of 1981 "Calls for Service" 1450 ~ Vehicle Theft 1300 1000"~L - - I I Sun MOn LTues Wed Thur Frl Sat Source Colorado Bureau of Investigation, UCR data, 1984. 1 0 Rep~rt on Crime and Justice In Colorado and Denver 1985 What is the involvement of weapons in crime? Disturbance calls are the most Weapons are often used in the commission of homicide dangerous for police officers and robbery Type of call Injuries Weapon used Homicide Assault Robbery Disturbance 33% Firearm 47% 8% 43% Handling, transporting Knife or cutting instrument 23 9 13 prisoner 25 Other dangerous weapon 10 11 8 Other arrest 14 None used 16 73 37 Traffic pursuits and stops 7 Unknown 5 Investigating suspicious persons or circumstances 7 Souro". Colorado Bureau of Investigation (CSI), Crime in Colorado, 1984 Burglary or robbery in progress 2 All other 13 Source: CSI, Crime in Colorado, 1984 Victims used or brandished a Personal weapons, such as Colorado law does not prohibit gun or knife to protect them hands, fists, feet, etc. are used the possession of handguns selves in only 2% of all violent most often in assaults on law crimes enforcement officers Possession of certain weapons is illegal. These include a black National data show that in about 734 law enforcement officers jack, bomb, firearm silencer, gas a fourth of all violent crimes, vic were assaulted in 1984. Almost gun, machine gun, short shotgun tims protected themselves using half of these assaults resulted in or rifle, metallic knuckles, gravity physical force or with some injury to the officer. The following knife or switchblade knife. object used as a weapon. shows the types of weapons used. Carrying a concealed weapon is Because the circumstances of prohibited unless: every victimization differ (time, Weapon Assaults • the person is in his own dwell place, nearness of people who ing or place of business or on might help, characteristics of Firearm 8% Knife, cutting instrument 5 property owned or under his victim, etc.), it is not possible to control make inferences about the rela Other dangerous weapon 15 Hands, fists, feet, etc. 72 • the person is in his private tionship between protective automobile or other private measures taken and the outcome Source: CSI, Crime in Colorado, 1984 means of conveyance and carries of the victimization. a weapon for lawful protection of his or another person's property while traveling • the person has been issued a weapon permit to carry the 36% of all homicides in Colorado are committed with handguns weapn • the person is a peace officer Permits to carry concealed weapons are issued by a chief of Handgun police or county sheriff. The police chief or sheriff shall make 36% inquiry into the background of an applicant to determine if the Cutting or stabbing applicant would present a danger to others or himself if granted 230/0 Personal the permit. A permit is effective (hands, feet, etc.) in all areas of the state. Other 16% (club, polson, etc.) Rlfie Undet.,rmlned Shotgun firearm rd8~;lnr 01 3% II 3% I LJ SOUrce: CSI, Crime in Colorado, 1984 Report on Crime and Justice in Colorado and Denver 1985 11 Basic sources Analysis of 1981, Calfs For Service, Denver Police Department and Den ver Anti-Crime Council, July 15, 1985. 1983 Neighborhood Rankings, Safety Office of Policy Analysis Denver Department of Safety. Dictionary of criminal justice dctta terminology, second edition, Bureau of Justice Statistics, U.S. Department of Justice, NCJ-7693.9 (Washington: USGPO,1981). National Crime Survey: Criminal victimization in the U.S., 1980-81 changes based on new estimates, BJS Technical Report, NCJ-87577 (Washington: U.S. Department of Justice, March 1983.) Criminal victimization in the United States, 1980, Bureau of Justice Statistics, NCJ-840 15 (Washington: U.S. Department of Justice, June 1983) Households touched by crime, BJS bulletin, NCJ-84406 (Washington: U.S. Department of Justice, Sep tember, 1982 and May, 1984. Measuring crime, BJS bulletin, NCJ· 75710 (Washington: U.S. Depart ment of Justice, February 1981). Uniform Crime Reports: Crime in Colorado (annual), Colo rado Bureau of Investigation, Department of Public Safety, 1976- 1984. Crime in the United States (annual), Federal Bureau of Investigation, U.S. Department of Justice (Wash ington: USGPO), 1970-1983. Vital statistics of the United States (annual), National Center for Health Statistics, Public Health Service, U.S. Department of Health and Human Services. Notes 'Dict1onary of criminal justice data terminology, second edition, Bureau of Justice Statistics, U.S. Department of Justice, NCJ-76939 (Washington: USGPO, 1981), p. 61. 2Albert J. Reiss, Jr. and Albert D. Biderman, Data sources of white collar lawbreaking, National Institute of Justice (Washington: U.S. Depart ment of Justice, September 1980), p. 1. 1 2 Report 01\ Crime and Justice in Colorado and Denver 1985 Chapter II The victim 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? What actions have citizens taken in response to the fear of crime? 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? Is a person more likely to be victimized by a stranger or by a relative or acquaintance? How does crime affect its victims? How do victims of violent crime protect themselves? What is the proper response if sexually assaulted? Why are only a third of all crimes against people and their house holds reported to the police? What services are available for victims of crime? Report on Crime and Justice in Colorado and Denver 1985 13 The fear of crime affects many people, including some who have never been victims of crime How do crime rates compare The chance of being a violent People fear crime in general with the rates of other life crime victim, with or without but think their own neighbor events? injury, is greater than that of hood is safer than ott,ler being hurt in a traffic accident neighborhoods Rate per 1,000 adults The rates of some violent crimes Public opinion polls show that Events per year* are higher than those of some most people have mixed feelings Accidental injury, all other serious life events_ For about their fear of crime. A 1984 circumstances 290 example, the risk of being the survey of Colorado citizens Accidental injury at victim of a violent crime is higher showed that 56% of the respon home 105 than the risk of being affected by dents feel that crime is a serious Persona! theft 82 divorce, or death from cancer, or problem in Colorado, but only Accidental injury at injury or death from a fire. Still, a 17% feel that it is a serious work 68 person is much more likely to die problem in their neighborhood. Violent victimization 33 from natural causes than as a However, most people feel that Assault (aggravated and result of a criminal victimization_ crime is at least somewhat of a simple) 25 problem in their neighborhood. Injury in motor vehicle accident 23 The economy is of greater concern to Colorado citizens Twenty-three percent of Divorce 23 than crime Colorado's citizens have limited Death, all causes 11 their activities because of a The problems identified by Serious (aggravated) fear of crime assault 9 Colorado citizen survey respon Death of spouse 9 dents are shown in order of Almost a fourth of Colorado citizen Robbery 7 greatest concern: survey respondents have limited nighttime activities because of Heart disease death 4 1. Inflation and high prices Cancer death 2 fear of crime, and 3% have 2. Money enough to live right limited daytime activities because Rape (women only) 2 and Crime and lawlessness of fear. Accidental death, all 3. Operation of the courts circumstances 0.5 4. Budget deficit One in four Colorado citizens Motor vehicle accident 5. Drug abuse death 0.3 has purchased a gun to protect 6. War themselves and their property Pneumonia/influenza 7. Recession and unemployment death 0.3 8. Pollution Activity Suicide 0.2 9. Foreign relations Installed special locks 56% Injury from fire 0.1 10. Alcoholism Got a dog 34 Homicide/legal inter- Source: Division of Criminal Justice (DCJ), Public Joined Operation !.D. 33 vention death 0.1 Opinion Survey, 1984 Bought a gun 24 Death from fire 0.03 Joined Neighborhood Watch 23 These rates are an approximate assessment The most prevalent problems Installed bars 8 of your chances of becoming a victim of these of the elderly are health related Installed burglar alarm 7 events. More precise estimates can be derived by taking account of such factors as A survey of older persons was Source: DCJ Public Opinion Survey, 1984 age, sex, race, place of residence, and lifestyle. Findings are based on 1979-81 data, conducted by the Denver Region but there is little variation in rates from year al Council of Governments in Relatives, friends and neighbors lo.year. eight Denver metropolitan who hear about a crime become 'These rates have been standardized to counties in 1984-85 to identify as fearful as the victim exclude children (those under age 15 to 17', depending on the series). Fire injury/death problems older persons had When OIie household in a neigh d)ta are based on the total population, encountered. because no age-specific data are available in borhood is affected by a crime, this series. Problems encountered Elderly households in the entire neigh Sources: Current estimates from the National borhood may feel more vulnerable. Health Interview Survey, United States, 1981, Health 38% Studies have shown that victim Vital and Health Statistics Series 10, no. 141, Dependencies 14 October 1982; ,Advance report of final divorce ization experience does not have statistics, 1979, Monthly Vital Statistics Report, Financial 10 as much impact on the victim's vol. 3D, no. 2, supplement, May 29, 1981; Emotional 10 attitudes as one might expect. Advance report on final mortality statistics, Transportation Monthly Vital Statistics Report, vol. 31, no. 6 6 supplement, September 3D, 1982, National Residence 5 Center for Health Statistics, U.S. Public Health Benefits 3 Service, Washington, D.C. Preliminary estimates of the population of the United States, by age, Safety-crime 3 sex, and race, 1970 to 1981, Series P-25, no. Legal-redress 3 917, U.S. Bureau of Census, Washington, D.C, 1982. "Fire loss in the United States during Other 9 1981," Michael J. Karter, Jr., Fire Journa( vol Source: Denver Regional Council of Governments, 76, no. 5, National Fire Protection Association, DRCOG Notes, Quincy, Mass., September 1982. June 1985 14 Report on Crime and Justice in Colorado and Denver 1985 The risk of victimization depends on a combination of factors Who are the victims of crime? • The divorced and the never • Students and the unemployed married are more likely than the are more likely than housewives, • Victims of crime are more married or the widowed to be often men than women. retirees, or the employed to be victims of crime. These differences victims of crime. • Younger people are much may result in part because of the more likely than the elderly to be age differences of people in • Rural residents are less often victims of crime. But the elderly various marital-status groups. crime victims than are people have a greater fear of crime and living in cities. may restrict their lives in ways • Violent crime rates are higher for lower income people. o Young black males have the that reduce their chances of highest violent crime rates; being victimized. • Theft rates are highest for elderly white females have the people with low incomes (less lowest rates. • Blacks are more likely to be than $10,000 per year) and those victims of violent crime than with high incomes (more than whites or members of other racial $50,000 per year). groups. Victimization rates per 1,000 persons age 12 and over Personal Personal Personal crimes of ••. crimes of .•. crimes of .•• violence* theft.. vioi;,:mce* theft* violence* theft" Race, sex and age summary Income White males Total (U.S.) 31 77 Less than $7,500 48 70 12-15 63 136 $7,500-$9,999 31 62 16-19 85 140 Sex $10,000-$14,999 33 71 20-24 80 128 Male 40 83 $15,000-$24,999 27 77 25-34 50 92 Female 23 72 $25,000-$29,999 30 78 35-49 24 75 $30,000-$49,999 26 92 50-64 12 45 Age $50,000 or more 23 105 65 and over 7 26 12-15 51 126 White females 16-19 65 119 Education 12-15 34 124 20-24 60 119 0-4 years 16 21 16-19 42 114 25-34 42 88 5-7 years 35 79 20-24 39 ·120 35-49 20 73 8 years 27 57 25-34 33 85 50-64 9 44 9-11 years 40 78 35-49 17 72 65 and over 6 23 High school graduate 28 66 50-64 6 41 1-3 years college 38 98 65 and over 5 21 Race and origin College graduate 23 98 Black males White 30 77 12-15 85 102 Black 41 79 Employment status 16-19 99 90 Other 24 51 Retired 8 23 20-24 93 90 Hispanic 38 74 Keeping house 11 37 25-34 40 107 Non-Hispanic 31 77 Unable to work 18 31 35-49 27 79 Employed 33 88 50-64 14 61 Marital status In school 48 105 65 and over 12 30 Never married 55 118 Unemployed 73 95 Black females Divorced/separated 58 103 12-15 59 133 Married 17 57 Residence 16-19 53 71 Widowed 9 28 Central city 43 92 20-24 49 96 1,000,000 or more 48 90 25-34 43 88 500,000-999,999 48 105 35-49 23 71 250,000-499,999 39 85 50-64 12 50 50,000-249,999 38 90 65 and over 1 19 Suburban 29 82 Rural 22 58 'Personal crimes of violence Include r!'lpe, robbery, and assault Personal crimes of theft Include larceny without contact, purse snatching, and pocket picking. Source: Bureau of Justice Statistics. National Crime Survey. 1983 Report on Crime and JUstice in Colorado and Denver 1985 15 Who are the victims of violent crime? What kinds of households are the victims of crime? • Assault is the most common violent crime. • Violent crime (except for rape) affects men more • Larceny is the most common property crime; than women. motor vehicle theft is the least common. • People with low incomes have the highest violent • Hispanics are more often victims of household crime victimization rate. crimes than non-Hispanics. • Household crimes more \. ·3n affect households headed by younger people. • Household crime rates are highest for households with six or more people. • Renters have higher rates than home owners. • Households in central cities have higher rates than suburban or rural households. Rates per 1,000 persons Robbery Assault Rape Sex Male 8 32 * Rates per 1,000 households Female 4 17 1** Motor Household vehicle Age Burglary larceny theft 12-15 8 42 Age of household head 16-19 12 50 ~ 12-19 158 198 39· 20-24 12 47 2 20-34 90 146 20 25-34 7 33 1 35-49 80 120 18 35-49 4 16 * 50-64 52 82 12 50-64 3 6 * 65 and over 42 48 5 65 and over 3 3 * Race or origin Race and origin of household head White 5 24 1 White 67 103 13 Black 13 26 1 Black 98 119 25 Other 7 17 1 Other 59 114 14 Hispanic 11 26 1 Hispanic 95 127 25 Non-Hispanic 6 24 1 Non-Hispanic 69 104 14 Marital status Income Divorced/separated 12 44 2 Less than $7,500 96 106 12 Never married 11 43 2 $7,500-$9,999 68 100 11 Married 3 14 $10,000-$14,999 73 115 13 Widowed 3 6 * $15,000-$24,999 65 105 16 $25,000-$29,999 61 115 17 Income $30,000-$49,999 59 108 17 Less than $7,500 11 35 2 $50,000 or more 66 104 20 $7,500-$9,999 8 23 1 $10,000-$14,999 7 26 1 Number of persons $15,000-$24,999 5 22 *** in household $25,000-$29,999 5 24 1 65 69 12 $30,000-$49,999 4 22 *** 2-3 67 102 14 $50,000 or more 4 19 * 4-5 79 138 18 6 or more 97 179 19 Employment status Retired 4 4 * Form of tenure Keeping house 3 8 Home owned or Unable to work 7 11 * being bought 56 91 11 Employed 6 26 1 Home rented 94 130 21 In school 10 36 3 Unemployed 17 53 3 Place of residence Central city 93 130 23 Residence 1,000,000 or more 89 98 36 Central city 13 29 500,000-999,999 95 143 19 Suburban 4 25 *** 250,000-499,999 106 135 20 Rural 3 19 50,000-249,999 88 147 13 Outside central city 'Too few cases In the survey sample to obtain statistically reliable data ··Thls rate based on Women only, the rate based on the total population is 1. (suburban) 66 102 15 -Less than 0.5 percent Nonmetropolitan (rural) 54 87 7 Source: Bureau of Justice Statistics, National Crime Survey, 1983 (Forthcoming) 1 6 Report on Crime and Justice in Colorado and Denver 1985 What is the relationship between victim and offender? Most violent crimes except murder are committed by Victims and offenders are of the same race strangers in 3 out of 4 violent crimes More than half of all homicides are committed by someone White victims Black victims known to the victim. Three of every five of all other violent crimes are committed by strangers. 72% of the violent crimes 81% of the violent crimes against whites were against blacks were • Acquaintances commit more committed by whites committed by blacks than 38% of all homicides and a fourth of all other violent crimes. Offenders e Relatives commit 17% of a\l White homicides but only 7% of other I ~ violent crimes. L, Black -,- I • Robbery is the violent. crime Other most often committed by Mixed strangers (76%) and homicide is Unknown the least often committed by strangers (1 6%). 100 80 60 40 20 0 o 20 40 60 80 100 • Almost half of all assaults are Percent Percent by acquaintances or relatives. • In 30% of homicides, the Source: Bureau of Justice Statistics, National Crime Survey, 1981 relationship between the victim and offender cannot be determined. Women were more vulnerable Young offenders did not appear than men to assault by to be singling out the elderly It is widely believed that a very acquaintances and relatives1 as victims of robbery and large proportion of crimes assault committed by relatives are not Two-thirds of all assaults on reported to the police and are divorced and separated women During 1973-77, there was little not revealed to crime survey were committed by acquaint difference between persons age interviewers. ances and relatives. 65 or older and the rest of the Half of all assaults on women population in the rates at which Men, blacks, and young people who have never been married they were robbed or assaulted by face the greatest risk of violent and 40% of assaults on married youths under age 21. crime by strangers women were committed by nonstrangers. Whe.n people worry about During 1973*79, men were crime they worry most about victimized by violent strangers at More than half of all assaults on being injured by strangers an annual rate almost triple that women, ,?ut only a third of those of women (29 vs. 11 per 1,000). on men, were committed by The fear of crime, in general, is Blacks were more than twice as relatives or acquaintances. the fear of a random, unprovoked likely as whites to- be robbed by attack or robbery by a stranger. strangers. Spouses or former spouses In 1967, the President's Commis sion on Law Enforcement and The overall chance of becoming committed 5% of the assaults by lone offenders the Administration of Justice can" a victim of violent crime by cluded that " ... the fear of crimes strangers decreases with age, NCS data ShOW that during 1973- of violence is not a simple fear of but the robbery rate does not 77 95% of all assaults on injury or death or even of all drop as much across age groups spouses or ex-spouses were crimes of violence, but, at bottom, as do the rates of other violent committed by men. In only 5% of a fear of strangers."·' crimes. For example, persons age such assaults was the offender 25-34 suffered 4.8 robberies and the wife or ex-wife of the victim. As measured by the National 7.4 aggravated assaults per Crime Survey, an offense by a 1,000 people, while persons age In almost three-quarters of stranger includes those 65 and older suffered 3.7 rob* spouse-on-spouse assaults, the committed by persons identified beries but only 0.6 aggravated victim was divorced or separated by the victim as strangers and by assaults per 1,000 people. at the time of the incident. those identified as "known by sight." They do not include crimes committed by acquaint ances, friends, family members, or other relatives. Report on Crime and Justice in Colorado and Denver 1985 17 How does crime affect its victims? Losses from personal and The economic impact of crime The relationship of the victim household crime exceeded hits the poor most heavily to the offender influences the $10 billion in 1980 likelihood of injury The cost of crime is borne by all NCS data indicate that in 1980 segments of society, but to .. Victims were more iikely to direct cash and property losses different degrees. NCS data for report injury requiring medical from personal robberies, personal 1980 show that the dollar loss attention when the offender was and household larcenies, house from crimes involving money, an acquaintance rather than a hold burglaries, and privately property loss, or destruction of stranger. owned motor vehicle theft property rises with income. • Victims were more likely to be approached $9.5 billion. The injured seriously if the assailant The average loss from such a amount recovered by insurance was a relative rather than an or other means was reported to crime was about: acquaintance or a stranger. .. $180 for victims with a family be less than $3.6 billion. This .. The victim's relationship to the income of less than $6,000 a figure probably underestimates offender tended to vary with the year the amount recovered by insur type of crime, and this may have to $340 for those with family ance because the claims of many some influence on these results. respondents remained unsettled incomos of $25,000 or more. Still, when the effect of victim at the time of the NCS interview. The burden of such crimes offender relationship on injury is In addition, almost $600 million expressed as a proportion examined separately for each of worth of damage was done to of reported family income the four violent crime types, personal and household property. decreased with increasing family injury was consistently less likely UCR data show that reported income. In 1980, the relative to result when the assailant was commercial robberies, non impact per incident was 5 times a stranger rather than an residential burglaries and shop greater on families with yearly acquaintance or relative. There lifting surpassed $1 billion in incomes of less than $6,000 than was also some indication of a for those with incomes of $25,000 greater likelihood of injury when 1980. The overall economic the offender was a relative rather impact of crime is staggering, or more. However, this gap has particularly when it includes such been narrowing in recent years. than a stranger or acquaintance. In 1977, the relative impact was These results may be tempered consequences of crime as lost productivity resulting from 10 times greater on the low- than by the possibility that victims victims' absence from work, medi on the high-income families. This may be reluctant to report change may partially result from victimizations by relatives to an cal care, and the intro- duction of security measures to the movement of individuals or interviewer. Consequently, they discourage victimization. households more prone to may mention only the most victimization into higher income serious of such incidents. Computer-related fraud, arson for categories because of inflation, profit, embezzlement, and a but there is also evidence of a Robbery victims run a high number of types of underground significant upward change be risk of injury from unarmed economic activity result in tween 1977 and 1980 in the strangers economic losses, but the impact economic burden of such crimes The National Crime Survey shows of many such crimes is difficult on all income levels except on that the likelihood that a victim to measure. Simon and Witte family households with incomes will lose property in a robbery estimated that the total income of less than $6,000. attempt by a stranger is: for the underground economy in 1980 was somewhere between .. 80% if the robber wields a gun 2 million injuries or deaths .. 60% if the robber wields a $170 billion and $300 billion. The resulted from violent crimes social costs of such activity knife include lost tax revenues, treat Based on UCR data for 1980, an • 54% if the robber is lInarmed ment programs for drug abusers, estimated 23,044 people were or threatens the victim with a higher insurance premiums, murdered. In 1984, 178 persons stick, bottle, club, or other such burned-out neighborhoods result were murdered in Colorado. weapon. ing from professional arson rings, NCS data for 1980 show that: However, the likelihood that a increased property crime as a .. 2,014,300 injuries resulted robbery victim will be injured by means to support drug habits, from violent crimes other than a stranger is: and increased law enforcement homicide. • 53% if the robber displays a efforts to apprehend smugglers, .. 30% of all rape, robbery, and stick, bottle, or other such drug dealers, arsonists, and other assault victims were injured weapon offenders. The full cost of oper .. 1 5% of the victims of violent .. 34% if the robber is unarmed ating the criminal justice system crime required some kind of • 35% if the robber is armed is also an indirect cost of crime. medical attention; 8% required with a knife hospital care. o 17% if the robber is armed with a gun. 18 Report 00 Crime and Justice in Colorado and Denver 1985 How do victims of violent crime protect themselves? • Rape victims are more likely Percent of victims who used than other violent crime victims to response by type of crime* use force, try a verbal response, or attract attention, and they are less Victim response* Rape Robbery Assault likely than the others to do noth Weapons use ing to protect themselves. Used or brandished gun or knife 1% 2% 2% • Robbery victims are the least Physical force likely to try to talk themselves out Used or tried physical force 33 23 23 of being victimized and the most likely to do nothing. Verbal response Threatened, argued, reasoned, etc. • Assault victims are the least with offender 17 8 13 likely to attempt some form of Attracting attention nonviolent evasion. Tried to get help, attract attention, scare offender away 6 • Compared with simple assault 15 7 victims, aggravated assault victims Nonviolent evasion are more likely to use a weapon, Resisted without force, used less likely to try to talk themselves evasive action 10 11 19 out of the incident, and less likely to do nothing to defend them Other 5 4 7 selves. The fact that weapons are used more frequently by victims of No self-protective actions 19 45 30 aggravated assault than by victims of any other violent crime leads to Total 100% 100% 100% the suspicion that some of these (873) (5,868) (24,876) victims may have played a part in 'Victim self-protective responses are listed in the table in order of assertiveness. If victims indicated causing the incident. that they took more than one type of action, only the most assertive action was used in the analysis. Source: Bureau of Justice Statistics, National Crime Survey, 197-79 Likelihood of injury appears probability of subsequent injury These results further suggest to be related to a victim's resulting from various self-pro that adapting responses to self-protective response tective strategies, but they do different types of violent crime suggest that some actions may incidents may not be helpful in More violent victimizations do not be more dangerous than others. avoiding injury. Rape victims took result in serious injury. Yet, NCS those actions more likely to be data for 1973 to 1979 show that The pattern of serious injury tied to injury more frequently some self-protective responses associated with each of the self than did assault victims, and rob to violent crimes are more likely protective measures was con bery victims were even more than others to be associated with sistent for all NCS-measured likely to react in this manner. In serious injury.2 violent crimes except robbery fact, violent crime victims as a Protective response Injured and simple assault. (Victims of group tended to take the self these crimes were less likely Physical force 16% defensive actions that were more than victims of other violent Trying to attract rather than less closely associated crimes to be injured seriously if with serious injury. Sixty-two per attention 14 they did nothing to protect them Doing nothing 12 cent of all violent crime victims selves.) This finding is noteworthy, interviewed by the NCS reported Talking or non since each type of violent crime that they took one or more such violent evasive tends to provoke different action 6 actions. responses by victims. For exam The NCS provides no information ple, rape victims are particularly Each incident of violent crime on the sequence of events in a likely to use physical force to has unique features that may crime incident Thus, the relatively repel rapists. This may be an affect how victims are able to high association of no self automatic reaction to being protect themselves, but the NCS protection with injury may reflect grabbed, or it may be a deliberate data suggest that the responses either passive victims presenting act intended to be self-protective. of physical force, attracting at no obstacles to injury or victims In either case, the NCS data indi tention, or deliberate inaction are who are injured at the start of an cate that a victim who uses related to a higher likelihood of incident and who are reluctant to physical force against an of injury. risk further harm by acting in any fender runs a relatively high risk way. Consequently, the data do of serious injury. not always indicate the Report on Crime and Justice in Colorado and Denver 1985 19 What is the effect of self-protection in sexual assaults? Sexual assault may include About half of the attacks took ported using some type of offenses other than rape place in a residence resistance ranging from talking to A common misunderstanding Location of attack screaming to physically fighting among the public and throughout Victim's or assailant's home 50% back More than two-thirds who Vehicle 25 did resist did so by fighting back the literature is that sexual On street 20 assault is synonymous with rape. Other 5 Regardless of the location of the Sexual assault refers to a wider assault, the presence or use of range of offenses such as rape, Injuries, in addition to the a weapon, or the relationship sexual contact, exhibitionism and sexual assault, occurred 25% between the women and the lewd verbal suggestions. of the time attacker, talking, screaming or While about half the women fighting reduced the chances of Nearly 25% of the victims were being raped. younger than 18 years old reported the use or threatened use of weapons, only 25% of the A 1981 study of 696 sexual women reported injuries in addi A weapon was used in a third assaults in Denver revealed that tion to the sexual assault. Injured of the reported sexual assaults about one-fourth of the women women more often reported Women reported weapons being assaulted were younger than 18 being hurt as a result of the used in 33% of the cases and and half were between 19 and man's fists, feet or teeth being 15% said the attacker used or 25 years old, used rather than with any type of threatened to use his fists, feet weapon. None of the injuries or teeth in the assault. In OVEir Sixty percent of the victims received were life threatening. half of the cases no weapon was were white used. Race ethnicity Victim Women who resisted their White 60% attackers in any way were Black 20 much less likely to be raped Hispanic 19 The Denver study revealed that about 55% of the women re- Victims who resisted were less likely to be Resistance does mean some increased raped chance of injury Percenl 100 Percent 90 100 90 80 70 60 50 40 Cooperaled = Complied with allackor's d.emand Cooperated = Complied with allacker's demand Injured o Penelralion EJ Verbal o o Sexual contaCI .Olher Ed Nol Injured Source: Denver Anti-Crime Council, Resist It You Can, 1981. Source: Denver Anti-Crime Council, Resist If You Can, 1981. 20 Report on Crime and Justice in Colorado and Denver 1985 Most crimes are not reported to the police Only a third of all crimes are There were only minor differ Thefts resulting in large losses reported to the police ences in the rates at which and serious violent crimes whites and blacks reported these Since 1973, the National Crime with injury are most likely to threo household crimes. Survey has provided yearly be reported to the police findings on the extent to which The highest income group Percent reported crimes are reported. The propor 10 the police was more likely than the tion of victims who fail to report 80% lowest income group to report crimes has changed little over household crimes to the police time. Under $25,000 _ Theft of $1,000 or more Reporting rates varied by type $3,000 and over 70% Household burglary 43% 59% of crime and sex and age of I-Robbery with Injury Household larceny 25 31 victim-but not by race Motor vehicle theft 47 71 Theft of $250·$999 I="~ggravated assault with Injury In 1981, the rate of reporting to Source: Bureau of Justice Stati~Hcs (BJS) 60% the police was higher for: National Crime Survey, 1981 • Violent crimes than for per I-Rape sonal crimes of theft (47% vs Homeowners were more likely 27%) than renters to report household ~~Obbery wlthoullnjury 50% I-Simple assault with Injury • Female than for male victims crimes I-~ttempted assault with of violent crimes (52% vs. 44%) Owners Renters weapon • Older than for younger victims. Household burglary 55% 47% I-Theft of $100·$249 Household larceny 29 25 Whites, blacks, Hispanics and 40% non-Hispanics reported both Motor vehicle theft 72 66 Source: BJS National Crime Survey. 1981 Attempled assault without violent crimes and personal I-weapon crimes of theft at more or less the same rates. Roughly half of all crimes by strangers and by nonstrangers 30% I-Theft of $50·$99 Reporting rates were higher for were reported to the police motor vehicle theft than for NCS data reveal very little dif burglary and for household ference between the rates of 20% larceny reporting crimes by strangers and by nonstrangers. In 1980,49% of In 1981, the rates of reporting to f-Theft of $10·$49 the police were: the crimes by strangers and 44% of o 67% for motor vehicle theft the crimes by nonstrangers were 10% • 51 % for household burglary reported. -Theft of $1·$9 o 26% for household larceny. O%~ ______ Source: I:lJS National Crime Survey, 1981 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, by reason for not reporting Nothing Police Private/ could be Not Reported wouldn't All personal done/lack important to some- want to be Too Fear of other Not matter of proof enough one else bothered inconvenient reprisal reasons given Crimes of violence Rape 35% 18% 4% 8% *% 2% 16% 42% 2% Robbery 15 21 15 9 9 6 7 39 5 Aggravated assault 31 10 22 11 7 3 5 22 4 Simple assault 32 8 30 14 7 2 3 14 3 Crimes of theft Burglary 9 23 23 7 10 2 44 2 Larceny 8 23 39 3 10 2 32 2 Motor Vehicle theft 12 18 16 8 8 3 * 52 1 Note: percents add 10 more Ihan 100% lor each Iype 01 crime because some people gave more than one reason for not reporting '0 or less than 0.5% Source: BJS National Crime Survey, 1981 Report on Crime and Justice in Colorado and Denver 1985 21 What services are available for victims of crime? Defendants sentenced to $3.3 million of restitution was paid to probation are required to make victims of crime in FY 1983·84 restitution to their victims $3,600,000 Colorado statutes provide that all defendants sentenced to proba tion be required to make restitu 3,200,000 tion to the victim for actual damages sustained. Defendants failing to pay the restitution may 2,800,000 have the period of probation extended, may be committed to jail with work release privileges, 2,400,000 or may have probation revoked. However, restitution may be waived totally if the court finds 2,000,000 that such restitution will work an undue hardship on the defendant or his family. The Department of Corrections is also encouraged by statute to establish programs to provide for restitution to victims of crime by offenders sentenced to the department. Colorado awarded $1,309,815 in victim compensation in FY 1983-84 Colorado adopted a Crime Victim 76-77 77-78 78-79 79-80 80-81 81-82 82-83 83-84 Compensation Act in 1981. A Source: Colorado Judiciary Annual Report, FY 1983-84 person is entitled to an award of compensation if: .. The person is a victim or a dependent or a victim of a of injury or within six months of Compensation funds are successor in interest under the the date of property damage. obtained from penalty assess "Colorado Probate Code" of a A compensable crime means an ments against convicted victim or a compensable crime intentional, knowing, reckless or offenders which was perpetrated on or criminally negligent act of a The compensation fund consists after July 1, 1982, and which person that results in residential primarily of monies paid as an resulted in a loss or the person property damage or bodily injury assessment levied on criminal is a victim of a compensable or death of another person or actions resulting in a conviction, crime which was perpetrated on results in loss of or damage to deferred judgment and sentence or after July 1, 1983, and eye glasses, dentures, hearing or a delinquency adjudication. resulted in property damage. aids, or other prosthetic or The penalty assessments as of .. The crime was reported to law medically necessary devices and April 11, 1985, are: enforcement officials within 72 which if committed by a person hours. of full legal capacity is punish Fe!onies $75 .. The applicant cooperated fully able as a crime in this state or is Misdemeanors 40 with law enforcement officials in a federal offense. Class 1 traffic 35 the apprehension and prosecu Class 2 traffic 25 The maximum award is $10,000. tion of the assailant. Delinquency 30 .. The victim and the assailant Applications are made through are not sharing the same the district attorney's office household. .. The death of or injury to the A crime victim compensation victim was not substantially board has been created in each attributable to his wrongful act or judicial district. The boards have substantial provocation of the three members appointed by the assailant. district attorney. Applications are .. Application for compensation is made to the board through the filed within one year of the date district attorney's office. 22 Report on Crime and Justice in Colorado and Denver 1985 ------ Victim and witness assistance Convicted criminals in Denver Most of the compensation programs receive support from have contributed more than awards pay for medical 1984 law $400,000 to the crime Victims' expenses Compensation Fund A five-member board in each Type of expenses claimed Victims judicial district, appointed by the Between July 1981, when the Health care/medical 59% chief judge, allocates funds piOgram began, and September Loss of income/child under the Assistance to Victims 1984, $385,102 was awarded to support 28 of and Witnesses to Crimes and 523 victims. Burial expenses 11 Repair or replacement Aid to Law Enforcement Act. A of damaged property fund is created by a 37% D.enver victims needing assist (doors, windows, locks) 2 surcharge on fines imposed for ance seldom have insurance Source: Denver Department of Safety felonies, misdemeanors and class protection 1 and 2 traffic offenses resulting Partial insurance coverage: 15% in a conviction or deferred judg No insurance coverage 85% ment and sentence. Eligible programs include the Most Denver victims seeking following: assistance are victims of • Services for early crisis assault or rape intervention Crime Victims • Telephone lines for victims and Assault 52% witnesses assistance Rape/molestation 26 .. Referral of victims to appro Survivors of murder priate services victims 10 • Education of victims and Hit and run/drunk witnesses about the operation of drivers 8 the criminal Justice system Crimes against elderly 3 .. Assistance in prompt return of Burglary/larceny/theft 1 victim's property Source: Denver Department of Safety o Transportation to and from court for elderly or handicapped 82% of the victims who qualify o Translator services for assistance in Denver • Protection fiOm threats of harm receive awards and other forms of intimidation The three-member compensation .. Enhancement of equipment, board meets monthly to review training and personnel for police, victims' requests for aid. Requests sheriffs and district attorney's have increased significantly in offices. the past several years. The Federal Victims of Crime Average # of requests Act of 1984 will also provide Year per month funds for crime victim compen 1983 23 sation and victim assistance 1984 26 programs 1985 (through June) 60 The Victims of Crime Act of 1984 The board has been forced to will provide compensation funds award 'funds only to· the most to the states at a rate of $35 for needy and to restrict awards to every $100 the state pays to $1,500 per person. victims in compensation other than for property loss. Federal victims assistance funds are also available to provide support to programs serving victims of crime, such as rape crisis, victim witness and shelter programs. Report on Crime and Justice in Colorado and Denver 1985 23 Basic sources Vital statistics of the United States (annual), National Center for Health Dictionary of criminal justice data Statistics, Public Health Service, terminology, second edition, Bureau U.S. Department of Health and of Justice Statistics, U.S. Department Human Services. of Justice, NCJ-76939 (Washington: USGPO, 1981). The reactions to crime project, executive summary. National Insti DRCOG Notes, Denver Regional tute of Justice, U.S. Department of Council fo Governments, June 1985. Justice, May 1982. National Crime Survey: Notes Crime and seasonality, Bureau of 11t is widely believed that crimes by Justice Statistics, NCJ-64818 relatives and close acquaintances are (Washington: U.S. Department of under-reported in the survey. For this Justice, March 1983). reason, the number of crimes com Criminal victimization in the U.S. mitted by non-strangers may be 1980-81 changes based on new somewhat understated, and the estimates, BJS technical report, proportion of crimes committed by NCJ-87577 (Washington: U.S. strangers may be somewhat over Department of Justice, March 1983). stated. Criminal victimization in the United 21njury requiring medical attention States, 1980, Bureau of Justice was chosen as the indicator for Statistics, NCJ-84015 (Washington: serious injury. This variable was U.S. Department of Justice, June judged to be a better summary of 1983). serious injury than a straightforward summary of reported injury, as the Public opinion survey, Colorado latter would include minor bruises, Division of Criminal Justice, 1984. cuts and scratches. Also, the NCS Resist if you can, prevention of sex records information on medical at ual assault, Denver Anti-Crime tention only for those victims Council. who actually report an injury and thus excludes many visits to Victims of crime, BJS bulletin, NCJ doctors or hospitals that are purely 79615 (Washington: U.S. Depart cautionary. ment of Justice, December 1981). Analyses were performed that con Violent crime by strangers, BJS trolled for other possible influences bulletin, NCJ-80829 (Washington: on the likelihood of injury including: U.S. Department of Justice, April 1982). • Type of crime • Relationship of victim to offender Criminal victimization 1983 BJS • Number of offenders builetin (Washington: U.S. Depart • Age and sex of victims ment of Justice, 1984). • Types of weapons carried by offenders. Simon, Carl P., Ann D. Witte, et ai, Beating the system: The under When these factors were controlled, ground economy (Boston: Auburn the relationship of serious injury to House Publishing Company, 1982). self-protective action still held true, indicating that overall these findings Uniform Crime Reports: cannot be ac'counted for by a number of other possible explanations. Crime in the United States (annual), Federal Bureau of Investigation, U.S. Department of Justice (Wash ington: USGPO), 1970-1980. Victim and witness assistance, BJS bulletin, NCJ-87934, (Washington: U.S. Department of Justice, May 1983). 24 Report on Crime and Justice in Colorado and Denver 1985 ------ Chapter III The offender 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 offend ers are there? ~ Who is the "typical" offender? \ . How are offenders and victims similar? How are they different? What crimes are committed by offenders? What are. the characteristics of career criminals? How much crime do they account for? How long are most criminal careers? To what extend do blacks, His panics, and other ethnic groups participate in crime? What are the family, economic and educational backgrounds of jail and prison inmates? What is the role of drugs and alcohol in offenders' lives? How does drug and alcohol use by offenders differ from that of the general population? Report on Crime and Justice in Colorado and Denver 1985 25 Who commits crime and why? There are no definitive answers mined by the individual's ability conducted for the National Crime to the why of crime to conceptualize right and wrong Survey. The question of who and why are to manage impulses and postpone' present gratifications and to Official records and survey data often confused. We know, for provide much information about example, that offenders are antiCipate and take a'ccount of consequences that lie in the persons who come into contact typically young, urban males with the criminal justice system e~onomically and education~lIy future as well as by the indivi dual's fondness of risk and through arrest, juvenile detention disadvantaged, disproportionately or incarceration in jail or prison. ' black as to the proportion of willingness to inflict injury on others. Inducement relates to Some offender characteristics blacks in the population, and fre such as psychological profiles quently products of unstable situational factors such as access and opportunity that may which are difficult to measure are homes. Many people think that not included. such characteristics are the provide the individual with the causes of crime. Yet none of necessary incentives to commit a crime. Under this explanation What we know about criminals these characteristics can rightfully refers mainly to "street be described as a cause of while many environmental fa~tors contribute to an individual's criminals" and to repeat crime; most persons in these offenders categories are law-abiding citizens. propensity to commit crime the individual is responsible fo~ his A very large number of the per behavior. Numerous explanations for sons who come into contact with why people commit crimes • The biogenic-focuses on bio the criminal justice system are have been propounded logical functions and processes offenders who commit crimes that are readily detectable and for Historically, the causes of criminal and relates human behavior specifically criminal to which they are more likely to be ~ehavior ~ave included explana behavio~ such biological variables as brain arrested, convicted and sen tions ranging from the influences tenced to jail or prison. As a of evil spirits to the abnormal tumors and other disorders of the limbic system, endocrine abnor result, the proportion of "street shape of the skull. Contemporary criminals" is probably overrep theories for the causes of crime malities, neurological dysfunction produced by prenatal and post resented in offender statistics in ~till abound but can be grouped relation to the proportion of Into three general explanations: natal experiences of infants, and chromosomal abnormalities (the offenses committed by white • The sociogenic-focuses on XYY chromosomal pattern).4 collar criminals, whose crimes the environment's effect on the are less readily detected and y.'ho may be less likely to be i~d)~idual and places respon How do we know who commits Sibility for crime on society.1 It crime? Incarcerated once convicted. identifies as the causes of crime Three major sources provide Moreover, national arrest data such fa~tors as poverty, ignor are complicated by the repeated ance, high unemployment, inade information about offenders: .• Studies of groups of persons appearance of a small number of quate housing and poor health. persons. Those who enter jail To these general environmental In the general population • Interviews with victims and, even more so, prisons, are factors, it adds the impact of more representative of repeaters ~ Records of persons who come unstable homes, viewing their than of the criminal population in consequent discord, absence of Into contact with the criminal jus tice system. general. Thus, the profile of affection and consistent dis offenders that emerges is largely cipline, and improper moral Stu.dies of the general population that of the repeat and serious in.struction as especially con tYPically focus on a birth cohort offender. tnbutory to juvenile delinquency (a group of persons born in the and youth crime. However, recent same year). Several large studies How may offenders are there? research has shown that these of this kind have been the richest factors do not account for long source of information about the The most conservative estimates term fluctuations in crims.2 characteristics of juvenile offend suggest that: Moreover, these factors cannot ers. Such studie.s observe the • 36 to 40 million persons-16- explain why under certain cir group over a number of years 18% of the total U.S. population cumstances, one individual and note characteristics that are -have arrest records for nontraf commits a crime and another more commonly shared by offend fic offenses. does not. ers than by non offenders. • The proportions of offenders who are male and nonwhite (blacks • The psychogenic-focuses Ot'l Much information can sometimes a~ld other races) are considerably psychological factors and under be obtained from crime victims. higher than their proportions in stands crime to be the result of For example, victims of robbery the general population. ~n individual's propensity and assault, or rape are often able to Inducement toward crime.3 describe the age, sex, and race Propensity toward crime is deter- of their assailants in interviews 26 Report on Crime and Juslice in Colorado and Denver 1985 Who is the "typical" offender? Most crimes are committed by What are the characteristics of offenders? men, especially young men Almost half of all persons arrest- ed for index crimes in Colorado Colorado Index Crime Arrestees County Jail State Prison were youths under age 20 and Population Violent Property Admissions Admissions three-fourths were males. A higher proportion of blacks and 2,888,834 5,809 38,737 120,468 1,798 Hispanics are found in the Sex offender population than in the Male 50% 90% 71% 90% 97% general population. Both blacks Female 50 10 29 10 3 and Hispanics are arrested for a larger proportion of violent crimes Race than of property crimes. White 89 80 85 82 77 Black 4 18 13 16 21 Few offenders entering the crim- Other 7 2 2 2 2 inal justice system in Colorado are serious or violent offenders. Ethnic origin Hispanic 12 25 22 22 25 Only 27% of the persons arrest- Non-hispanic 88 75 78 78 75 ed in Colorado are arrested for a UCR Index Crime. Less than 8% Age of the total arrests are for violent Under 15 23 7 20 1 0 crimes. Approximately 44% of the 15-19 9 21 32 10 9 arrests are for traffic related 20-29 21 41 28 51 55 offenses, including driving under 30-39 16 21 12 25 25 40-49 the influence. In contrast, 87% of 10 7 5 8 50-59 9 3 3 14 2 the prison population was con- 60+ 12 1 2 1 victed of a UCR Index Crime. More than a fourth were convict- Sources: Colorado Division of Local Government, Colorado Population Report, 1980 Colorado Bureau of Investigation (CBI), Crime in Colorado, 1984 ed of burglary, usually with a Division of Criminal Justice, Colorado Jails, 1982 prior criminal record. Department of Corrections Annual Statistical Report, FY 1982-83 For what mix of offenses are people arrested and imprisoned? Arrestees Prison inmates include many later released are those sentenced -most arrests are for less to more than one serious offenses year-generally for serious crimes Offenses Offenses Murder/manslaughter 0.1% Murder/manslaughter Sexual assault 0.2% Sexual assault Robbery 0.4% Robbery 13% r-----,--.J Assault Assault Burglary Burglary 26% r-----~--~~--~ Larceny/theft Larceny/theft Forgery/fraud Forgery/fraud Auto theft Auto theft Drugs Drugs Drunk driving Drunk driving Other traffic 29% Other traffic Public order Public order 0.2% All other All other 5% Sources: CBI, Crime in Colorado, 1984 Colorado Department of Corrections Annual Statistical Report, FY 1982-83 Report on Crime and Justice in Colorado and Denver 1985 27 A small group of career criminals commits the vast majority of crimes Relatively few offenders are offenders, they commit a very Less than a fifth of the career criminals high proportion of all crimes. The defendants in district court had evidence includes data for juve served time in prison for a Many studies have shown that niles and adults, males and only a small group of any criminal previous offense females and for urban and rural subset are repeat offenders. The areas. In Wolfgang's Philadelphia Approximately 10% of all the Wolfgang Philadelphia studies study, chronic offenders account defendants had served one term found that for males born in ed for 23% of all male offenders for a previous charge, 9% for 2 to 1958, 23% of those with one or in the study, but they had 4 terms and less than 1% had more arrests could be defined as committed 61 % of all the crimes. served 5 or more terms. chronic offenders (that is, they Of all crimes by all members of had five or more non-traffic the group studied, chronic offend ~ew Colorado prison inmates arrests by age 18). This rela.tively ers committed: are first time offenders small proportion contrasts with • 61 of all homicides Percent of the following proportions of % • 76% of all rapes Criminal history inmates males and females in the study • 73% of all robberies Juvenile arrest 53% who had no arrests or fewer than • 65% of all aggravated assaults. Adult arrest 85 five arrests: Felony conviction 66 Probation 34 Males Females Prior criminal behavior is one Jail term 39 Never arrested 67% 86% of the best predictors of future Prison term 48 Arrested only criminality once 14 8 Source: DCJ, Prison Inmate Database, 1984 Arrested 2-4 Age at first contact with police times 11 5 (arrest or otherwise) is also very A much smaller group of Arrested 5 or important. Research shows that inmates has very extensive more times 7 youths whose first police contact arrest records The proportion of chronic offend was in their early teens had a greater number of future police Percent of ers was higher for nonwhite Prior arrests inmates males (11 %) than for white males contacts than those whose first None 9% (4%) and for nonwhite females contact was later. 1-5 36 (2%) than for white females (1 %). 5-10 23 Up to two-thirds of the persons 11-20 21 Probability of arrest increases charged with a felony in dis 21-30 8 with each subsequent arrest trict court in Colorado had at 30 or more 4 least one prior arrest* Long-term studies show that Source: DCJ, Prison Inmate Database, 1984 once a person is arrested, the Almost 72% of the persons charged with a felony in district Chronic violent offenders start likelihood of further arrest in out and remain violent creases with each subsequent court in Colorado in 1983 to mid arrest. Wolfgang's Philadelphia 1984 had at least one prior Violent offenders typically begin data revealed the following prob· arrest. their criminal careers by commit abilities of rearrest for young Prior arrests ting violent crimes as juveniles. men: Violent Nonviolent The 1958 Wolfgang Philadelphia • 33% of the entire group had Juvenife arrest 7% 28% study, for example, shows a high one arrest. Adult arrest 25 65 probability of violent recidivism. • 53% of those with one arrest Juvenile and That is, the more injury-offenses went on to a second arrest. adult arrest 28 70 the youths committed, the more • 62% of those with two arrests Source: Division of Criminal Justice '(DCJ), Court likely they were to commit further went on to a third. Database. 1983/1984 injury offenses. For males: • 71 % of those with three • 26% of the entire group had arrests went on to a fourth. Approximately 24% of the one violent offense defendants had more than 5 Once a youth had gotten beyond • 34% of this group went on to a the third crime, the likelihood of prior arrests* second violent offense further criminality remained at Number of Percent of • 43% of the three-time violent about 71%. prior arrests defendants offenders went on to a fourth None 28% violent offense. Career criminals, though few 1 16 in number, account for most 2-3 20 crime 4-5 12 6-7 8 *Prior arrest data were missing in Even though chronic repeat 8-10 9 over 40 percent of the cases. offenders (those with five or 11-15 6 Because these were likely to be first more arrests by age 18) make up 15 or more 1 offender cases, these figures over a relatively small proportion of all Source: DCJ, Court Database. 1983/1984 estimate prior arrests. 28 Report on Crime and Jurtice in Colorado and Denver 1985 Participation in crime declines with age Serious crime arrests are highest in young age groups Young offenders are more likely to be involved in property Arrests crimes Approximately 58% of all those Property crime arrests peak at age 15, drop in half by age 21 arrested for UCR Index property crimes are under 20 years of 2500 age, but only 28% of those arrested for violent crimes are under :20. 2000 Participation in violent crime peaks at a later age and does not drop as quickly with age as property crime 1500 The highest proportion of those arrested for violent offenses are in the 20-29 year-old-age group. Since most offenders sentenced 1000 to prison are either violent or Violent crime arrests peak at age 17 repeat offenders, this is the age group most likely to be sent to prison. Approximately 55% of the 500 people sentenced to prison were between 20 and 29 years old. Age 10 20 30 40 50 60 Source: Colorado Bureau of Investigation, Crime in Colorado, 1984 Participation in crime declines Commitments to prison follow a pattern similar to arrests but with age peak at an older age Except for a minority of offend Commitments ers, the intensity of criminal 120 activity slackens, perhaps begin ning after the mid-20's. When repeat offenders are apprehend ed, they serve increasingly longer 100 sentences, thus incapacitating Commitments to prison peak at a later age them for long periods as they than arrests because persons under 18 grow older. In addition, a study of years of age are usually handled by the habitual offenders by the Rand 80 juvenile justice system and few first time Corporation shows that the offenders are sentenced to prison. success of habitual offenders in avoiding apprehension declined as their criminal careers pro 60 gressed. Even though offense rates declined over time, the probability of arrest, conviction and incarceration per offense all 40 tended to increase. 20 Age 10 20 30 40 Note: Commitments by age are based on a three-year average. Source: Department of Corrections .~nnua' Statistical Reports, FY 1980-81, 1981-82, 1982-83 Report on Crime and Justice in Colorado and Denver 1985 29 A relatively large proportion of offenders come from minority groups A disproportionately high The proportion of black state prisoners in the South is most number of victims and criminals were black consistent with their share of the U.S. population Blacks as Blacks as Ratio of prison Blacks were victimized by crime, a percent of a percent of proportion to especially violent crime, at a prison population U.S. population U.S. proportion higher rate than whites. Black United States 47% 12% 4 to 1 males sustained the highest vic Northeas~ 50 10 5 to 1 timization rate of any race/sex North Central 47 9 5 to 1 group, largely because of their South 53 19 3 to 1 vulnerability to robbery. West 25 5 5 to 1 Blacks who constitute only 4% of Source: Prisoners in State and Federal Institutions on December 31,1981 Colorado's population accounted for: • 22% of all arrests in 1984 • 14% of all UCR Index Crime A national study of the criminal tence. Another factor may be the arrests justice system in 3 states fact that the judges and parole • 18% of all arrests for vioient found racial disparities in boards rely heavily on the pre crimes release-atter-arrest rates, sentence investigation reports .. 16% of admissions to county sentencing and time served which contain social information, such as past employment. These jails The Rand study found that • 21% of prison population factors are often used to assess minorities do not have a higher the probability that an offender probability of arrest in relation to will return to crime. Black arrest rates were higher the kind and amount of crime for violent crime than for they actually commit. However, Lifetime probability of property crime minority suspects were more incarceration is three times likely than whites to be released During 1984, 14% of all index higher for blacks crime arrests in Colorado involved after arrest. Prior research indi blacks. The arrest rate of blacks cates that prosecutors have Nationally, the likelihood that any was higher for violent crime than greater problems making cases adult male will have served time for property crimes. involving minorities "stick" in a juvenile or adult jail or prison because victims often have dif by age 64 is estimated to be Whites Blacks ficulty identifying minority 18% for blacks and 3% for All Index Crimes 84% 14% suspects. Also, minority victims whites.5 However, after the first Violent crimes 80 18 Murder 74 24 and witnesses often refuse or fail confinement, the likelihood of Rape 76 23 to cooperate after an arrest is further commitments is similar for Robbery 71 27 made. Release rates may also be white and black males. About a Assault 83 15 affected by the fact that police third of each group who have Property crimes 85 13 more often arrest white suspects ever been confined will have Burglary 86 13 "on warrant" which requires that experienced four confinements Larceny-theft 85 13 evidentiary criteria be met before by age 64. Motor-vehicle theft 84 14 a warrant is issued. Source: Colorado Bureau of Investigation (CBI), Hispanics account for a larger The study also found that minori UCR data, 1984 proportion of arrests than their ties receive harsher sentences percentage of the total popu Victim reports confirm pattern and serve more time in prison, lation in Colorado of arrest by age other things being equal. Some of the disparity may be explained More than 339,000 Hispanics The pattern of racial involvement by the fact that plea bargaining make up 12% of Colorado's pop in arrests shown in police records resolves a higher percentage of ulation. Hispanics in Colorado closely parallels that reported by felony cases involving white account for: victims of crime in the National defendants, whereas jury trials • At least 25% of all arrests for Crime Survey. About 40% of the resolve a higher proportion of violent crimes persons arrested nationally for cases involving minorities. • 22% of all arrest for index robbery in 1979 were black Although plea bargaining insures property crimes males age 18 or older. Victim conviction, it also guarantees a • 22% of jail admissions reports for the same year sug reduced charge or lighter sen- • 25% of prison population. gested that 44% of all robbers were black males age 18 or older. 30 Report on Crime and Justice in Colorado and Denver 1985 How many offenders are female? Relatively few offenders are While most arrests are of males, the share of arrests female that are of females is highest for larceny-theft Females in group UCR Index All arrests (adults and Crimes Males Females juveniles) 26% Murder 85% I 15% Index crime arrest 27 Rape 99% I Violent crime arrests 10 Robbery 95% '. /5% Property crime arrests 29 Aggravated assault 89% 11% Larceny 34 I Burglary 92% I 8% Nonlarceny 9 Larceny-theft 66% 1 34% Admission to correctional Motor vehicle theft 89% " 11% facilities , I Arson 85% . 15% Detention centers (juvenile) 19 "'I Institutions (juveniles) 3 Source: Colorado Bureau of Investigation (CBI), Crime in Colorado, 1984 County jails 10 State prisons 5 Sources: CBI, Crime in Colorado, 1984 DCJ, Juvenile Justice and Delinquency For UCR Index Crimes, arrests of females are much Prevention Plan, 1984 lower than of males, but have risen faster Department of Corrections, Summary of Sentenced Population Movement, 1984 Males % change Offense patterns differ for Index crime arrest (1976'1984) males and females Men commit more crimes and 32,000 are arrested for the more serious crimes. Arrest, jail and prison data all suggest that women have a stronger relative involve ment than men in property 28,000 crimes such as larceny, forgery, fraud and embezzlement and in Property crimes . drug offenses. Men are more likely than women to be involved in robbery or burglary. These offense patterns also are reflected in the offenses for which males and females are 20,000', sentenced to prison. Offense Females Males violent crimes 25% 39% 16,000. Murder/ manslaughter 9% 6% Females % change Sexual assault 1 7 Index crime arrests (1976-1984) Robbery 5 16 Assault 4 8 12,000, 12,000 ~+39% Other violent 6 2 All UCR Index Crimes +37% .r-::-- nonviolent crimes 75% 61% Burglary 7 d Property crimes 29 8,000 Theft 17 16 8,000 Forgery/fraud 20 5 Drug offenses 10 5 Violent crim))s ! +40% Attempt, conspiracy, accessory 1 17 4,000 All other 4 5 4000~, , Sources: Prison OvercrowdIng ProJec~ Infonnation on CWCF Inmates and Rand Studies of Habitual Offenders, 1982 Violent Grimes Department of Corrections AnntJal _------+70% Statistical Report, FY 1980·81 o 1976 1984 0 1984 and FY 1981-82 1976 Source: CBI, Crime In Color~do, 1976-1984 Report on Crime and Justice in Colorado and Denver 1985 31 Many offenders have backgrounds that include a turbulent home life, lack of family ties, poor education and unemployment Knowing about offenders' differences between the two Less than half of Colorado's backgrounds tells us about groups. The more violent group preson population has a high their lives, not necessarily exhibited a wide range of neuro school education why they comm,tted crime logical abnormalities, were significantly more likely to have Forty-nine percent of the prison While turbulent home life, lack of paranoid symptoms and were inmates had a high school edu family ties, and poor education more likely to have suffered and cation or had a GED certificate. frequently present in the are to have witnessed physical abuse. The percent of high school backgrounds of offenders, these They also had far more severe graduates in Colorado's popula factors mayor may not con verbal deficiencies. tion is 79%. tribute to crime. Some theories suggest that some of these factors Few offenders are married Unemployment is very high are symptoms of maladjustment among offenders as is criminal behavior. Clearly, Half of the felony offenders filed most persons who share these on in district court in Colorado Fifty-two percent of the felony factors in their backgrounds are are single, 23% are separated or offenders filed on in district court not criminals. divorced and 1% are widowed. in Colorado in 1983 to mid 1984 Only 26% are married. The mari were unemployed at the time of A high number of offenders tal status of prison inmates is arrest. The unemployment rate come from unstable homes similar, with a slightly higher pro for the state was less than 6% portion of inmates either married during that time. Research shows a higher inci or separated and divorced. The dence of unstable homes among higher percentage of inmates Most offenders who do work, delinquents than among non who are currently married or who work at unskilled or blue collar delinquents. State prison inmates were married at one time is jobs were more likely than not to have probably explained by the fact Felony grown up in a home with only Type of work offenders one parent present or to have that the inmate population is somewhat older. No work experience 25% been raised by relatives. Forty Odd jobs 7 seven percent of all inmates Marital status Prison inmates Unskilled 18 grew up in a two-parent house Single 41% Migrant * hold; in contrast, 77% of all Married 18 Blue collar 34 children under age 18 in 1979 Common law 13 White collar 12 were living with two-parent Separated 6 Professional 2 Divorced 20 Military 3 families. Widowed 2 'Less than 0.5% Because criminal careers typically Source: Division of Criminal Justice (DCJ), Court Database, 1983{1984 and Prison Inmate Source: DCJ Court Database, 1983{1984 begin at a young age, the identi Database, 1984 fication of characteristics that Prison inmates were likely to distinguish delinquents from non Many felony offenders have not have relatives who served time delinquents has been given con completed high school siderable attention and has Nationally, 40% of prison inmates focused largely on what research Felony had an immediate family member ers i:erm "under the roof culture" Last grade completed offenders (father, mother, brother, sister) -the interactions of love, dis Sixth or under 2% who had served time in jailor Seventh 2 prison. Similar data are not avail cipline, and supervision that Eighth 3 occur between parents and Ninth able for noncriminals, but it is 6 9 children in the home. Tenth 13 highly unlikely that the proportion Eleventh 14 is as high. Violent behavior is linked to High School 34 abuse as children and to Some college 19 neurological abnormalities College degree 3 Some graduate school * Violent behavior and physical and Gradute degree psychological abnormalities often 'Less than 0.5% appear among children and ado lescents subjected to extreme Source: DCJ Court Database, 1983{1984 abuse and violence in their families. Lewis and others in a study comparing an extremely violent group of delinquent boys with a group of less violent delin quent boys found striking psy chological and neurological 32 Report on Crime and Justice In Colorado and Denver 1985 Drug and alcohol abuse is common among offenders The drug abuse-crime link crime every other day. However, An estimated 1 U% of Colorado's is complex other research shows that most population has alcohol abuse Research on the link between heroin-addicted criminals were problems and 8% has drug crime and drug abuse has involved in crime lJefore they abuse problems yielded what often appear to be became addicted and that tradi conflicting conclusions. tional income sources, rather At least 60% of the people than street crimes, are the major arrested had been drinking The Rand career criminal study source of support for the drug when they were arrested found that, among felons, drug habit.7 A study of pretrial admissions to abusers committed mOl'fJ bur Colorado jails showed that in glaries, con-type crimes, f,md drug The most commonly used drug those jurisdictions which record sales than burglars, con-men and in Colorado is marijuana alcohol use, 60% of the people drug dealers who did not use General arrested had been drinking prior drugs. For other crimes, there population to arrest. were no appreciable differences use in the between drug users and non Substance last year More than 26% of the inmates drug users in the m!mber of Marijuana 15% in Colorado's prisons had used crimes committed. Tranquilizers 11 heroin and/or barbituates in A 1979 survey of state prisoners Non-narcotic analgesics 8 Codeine tablets 7 the 2 years prior to incarceration found that among violent crimi Amphetamines 6 This compares with general pop nals, robbers made up a relatively Cocaine 6 high proportion (38%) of inmates ulation usage of just over 0.2% in Codeine syrup 5 a one-year period. More them 9% who said they had been under Synthetic opiates 3 the influence of drugs. Most of Psychedelics 2 of the prison inmates had !;niffed these said they had been under Barbituates 2 glue, 44% had used narcotics the influence of marijuana. Peyote, mescaline 2 and 29% had used hallucinogins PCP 1 at some time in their lives. Many Ball's study of Baltimore addicts Psychostimulants 1 were using these drugs on a showed that drug users commit Morphine 1 regular or daily basis prior to ted an enormous number of Inhalants 1 incarceration. crimes, mainly theft and drug Heroin * dealing, and that, on the average, -Approximately 0.2% Prisoners with substance abuse the typical addict committed a Source: Alcohol and Drug Abuse Division, ADAD problems began using drugs at State Plan, 'iY 1985·86 an early age and had early involvement with the justice Many offenders have both drug and alcohtll problems system Juvenile No substance abuse problems Substance Drug user felony Alcohol problems Abuse before age 16 arrest Drug problems Durg and alcohol problems None 5 35% Alcohol 9 46 Drug 64 69 Robbery Both 41 67 Source: DCJ, Prison Inmate Database, 1984 Assault Approximately 65% of parole revocations are the results of alcohol related parole Sexual assault violations Thirty-two percent of paroled inmates are returned to prison. Burglary Of these, 65% are returned for alcohol related parole violations. Larceny/theft . - ..~" '\ ~ , ';f...... , , • I I , I I 1 1 , I I J o 10 20 30 40 50 60 70 80 90 100 Percent of inmates with substance abuse problems Source: Division of Criminal Juslice (DCJ), Prison Inmate Database, 1984 Report on Crime and Justice in Colorado and Denver 1985 33 Basic sources Prisoners and alcohol, BJS bulletin, NCJ-86223 (Washington: U.S. Depart· ADAD state plan, Colorado Alcohol ment of Justice, January 1983). and Drug Abuse Division, FY 1985- 86. Prisoners and drugs, BJS bulletin, NCJ-87575 (Washington: U.S. Depart American prisons and jails, National ment of Justice, March 1983). Institute of Justice, Law Enforcement Assistance Administration, U.S. De Prison inmate database, Colorado partment of Justice (Washington: Division of Criminal Justice, 1984 USGPO, October 1980). (unpublished). Ball, John C., et ai., The criminality of Prisons and prisoners, BJS bulletin, heroin addicts and when off opiates, NCJ-80697 (Washington: U.S. Depart in The drugs-crime connection, JA ment of Justice, January 1982). Inciardi, ed. (Beverly Hills, Calif.: Sage Wilson, James Q., Thinking about Publications, 1981), pp. 39-66. crime (New York: Basic Books, Inc., Chaiken, J. and M., Varieties of 1975). criminal behavior: summary and Wilson, James Q., editor, Crime and policy implications (Santa Monica, public policy (San Francisco: Institute Calif.: Rand Corporation, 1982). for Contemporary Studies, 1983). Colorado Department of Corrections, Wolfgang, M., R. Figlio, and T. Sellin, Annual statistical report FY 1980-81 Delinquency in birth cohort to FY 1982-83. a (Chicago: University of Chicago Colorado jails, Colorado Division of Press, 1972). Criminal Justice, 1982. Colorado population report, 1980, Colorado Division of Local Notes Government. 1 Ramsey Clark, Crime in America Court database, Colorado Division (New York: Simon and Shuster, 1970) of Criminal Justice, 1983-84 and President's Ccmmission on Law (unpublished). Enforcement and Administration of Justice, The challenge of crime in a Crime in Colorado, Colorado Bureau free society (Washington: USGPO, of Investigation, 1984. 1967). Early identiJication and classification 2James Q. Wilson, Crime and punish of juvenile delinquents, hearing before ment in England, The Public Interest, the Subcommittee on Juvenile Jus no. 43 (Spring 1976) and David H. tice of the Committee on the Con Bayley, Learning about crime: the stitution, United State Senate Japanese experfence, The Public (Washington: USGPO, October 22, Interest, no. 44 (Summer 1976). 1981 ). 3Edward C. Banfield, The unheavenly Glueck, S. and E, Family environment city revisited (Boston: Little, Brown, and delinquency (Boston: Houghton and Co., °1974). Mifflin, 1962). 4Saleem A Shah and Loren H. Roth, Hindelang, M.J., Variations in sex Biological and psycholphysiological race-age-specific incidence rates of factors in criminality, in Handbook of offending, American SOCiological criminology, ed. Daniel Glaser Review (1981) 46: 461-474. (Chicago: Rand McNally Publishing Co., 1974) pp. 101-173. Langan, Patrick A, and Lawrence A Greenfeld, Career patterns in crime: 5L. Greenfield, Measuring the applica special report, Bureau of Justice tion and use of punishment, paper StatistiCS, NCJ-88672 (Washington: presented at the American Society of U.S. Department of Justice, June Criminology meeting, November 12, 1983). 1981. Lewis, D.O., et aI., Violent juvenile 6E and S. Glueck, Family environment delinquents; psychiatric, neurological, and delinquency (Boston: Houghton and abuse factors, Journal of the Mifflin, 1962. American Academy of Child Psy chiatry (1979) 18:307-319. 7S. Gettinger, Addicts and crime, Police Magazine (1979) 2(6):35. Petersilia, Joan, Racial disparities in the criminal justice system (Santa Monica, Calif.: Rand Corporation, 1983). 34 Report on Crime and Justice in Colorado and Denver 1985 Chapter IV The response to crime This chapter gives an overview of What is the role of the public the criminal justice system. It not defender? How are defense ser only examines the criminal jus vices for indigents provided in tice process and institutions but your state? also the philosophical base and How are the federal and state legal mandates of our system of courts organized? To what extent justice. It contains data and do the various courts interact? research findings that quantify crucial actions at four key stages What are the defendants' rights? of the criminal justice process: How many cases brought by the Entry into the system prosecutor result in guilty pleas? Prosecution and pretrial services How many result in guilty ver Adjudication dicts? How often are cases tried Sentencing and corrections. before a jury? The data presented answer such How long does it take for a crim questions as: inal case to move through the criminal justice system? How does the criminal justice system process cases? What is How does the criminal justice discretion and how is it exercised system handle insanity pleas? in the handling of criminal cases? What kind of job does the public How does police strength in your feel the criminal justice system is county compare to that of other doing? counties? What is the relation How much discretion do judges ship between police strength and have? crime? How many people are under cor How many people were arrested rectional supervision? How do in a typical year? For what sentence lengths differ from offenses are they arrested? actual time served? What impact does delay in victim Are correctional populations reporting have on arrest? increasing? How many prisoners What percentage of crimes result are confined in state and federal in an arrest? institutions? What is the role of the prosecutor? In what types of facilities are prisoners held? How many arrests result in prose cution? How many prosecaJtions How many offenders are arrested result in convictions? for another crime? Report on Crime and Justice in Colorado and Denver 1985 35 Section 1. An overview The response to crime is a complex process that involves many agencies, levels and branches of government The response to crime is What is the sequence of events in 1he criminal justice system? primarily provided by govern ment through the criminal Entry into the system Prosecution and pretrial f:"lrvlces [2>- , ... ,;'..; .... ,.. '.:.;;>,;;,.' n~ Entry into the system _ disposition Most crime is not responded to by the justice system because it has not been discovered or Nota: This chart gives a simplified view 01 casellow through the criminal justice system. Procedures vary reported (see Chapter II). Law among jurisdictions. The weights of the lines are not enforcement agencies usually Intende~ to show the actual size 01 caseloads. learn about crime from the reports of citizens, discovery by a police officer in the field, or about the case and about the The main function of this hearing from investigative and intelli accused to the prosecutor who is to discover whether there is gence work will decide if formal charges will probable cause to believe that be filed with the court. If no the accused committed a known Once a law enforcement agency charges are filed, the accused crime within the jurisdiction of has established that a crime has must be released. The prosecutor the court. If the judge does not been committed, a suspect must also can drop charges after mak find probable cause, the case is be identified and apprehended ing efforts to prosecute (nolle dismissed. However, if the judge for the case to proceed through prosequi). finds probable cause for such a the system. Sometimes, a sus belief, or the accused waives his A suspect who is charged with a pect is apprehended at the right to a preliminary hearing, the crime must be taken before a scene; however, identification of case is set for trial. a suspect often requires an judge or magistrate without extensive investigation. Very unnecessary delay. At the initial Most felony cases proceed by often, no one is identified or appearance, the judge informs the issuance of an information (a apprehended. the accused of the charges apd formal written accusation submit decides whether there is prob ted to the court by a prosecutor). Prosecution and pretrial able cause to detain the accused A criminal action may also be services person. commenced by: • The return of the grand jury After an arrest, law enforcement The initial appearance may be indictment agencies present information followed by a preliminary hearing. 36 Report on Crime and Justice in Colorado and Denver j985 the judge decides on issues of law. ~dJudlcatlon Sentencing and corrections 1"T7':::"~ The trial results in acquittal or Charge dismissed AcqulHed conviction on the original charges C.C. - Probation or on lesser included offenses. After the trial, a defendant may Sentencing request appellate review of the conviction or sentence. In Colo rado, every person convicted of an offense under the laws of this state has the right to appeal. Most states with the death penalty provide for automatic Revocation Appeal Habeas appeal of a death sentence. corpus Probation Sentencing and corrections After a guilty verdict or guilty plea, sentence is imposed. In most cases, the judge decides on }l2_:EDS_-- Out 01 system the sentence, but the sentence for capital offenses such as mur der is decided by the jury. In arriving at an appropriate sen tence, a sentencing hearing may Released Nonpayment be held at which evidence of aggravating or mitigating cir H cumstances will be considered. In assessing the circumstances tdj~;dl:ato~~g.;~,.;;:j: ,. .. j Disposition surrounding a convicted person's criminal behavior, courts often rely on presentence inves tigations performed by probation agencies. The sentencing choices available to judges and juries vary widely Source~ Adapted from The challenge of crime In a free soclllly. among jurisdictions and may President's Commission on Law Enforcement and Administration of Justice, 1967. include: • Death penalty • Filing a felony complaint in the plea. If the plea is accepted, • Incarceration in a prison, jail, county court or no trial is held and the offender or other detention facility • IssuinH and/or filing a sum is sentenced at this proceeding • Community corrections-allowing mons and complaint in county or at a later date. The plea may the offender to work or attend court for misdemeanor or petty be re.iected if, for example, the school in the community while offenses. judge believes that the accused living in a residential facility or may have been coerced. If this meeting conditions of a non Adjudication occurs, the case may proceed to residential program trial. • Probation--allowing the convict~ Once an indictment or informa ed person to remain at liberty but tion has been filed with the trial If the accused pleads not guilty subject to certain conditions and court, the accused is scheduled or not guilty by reason of restrictions for arraignment. At the arraign insanity, a date is set for the trial. • Community service--requires ment, the accused is informed of A person accused of a serious offender to perform services such the charges, advised of the rights crime is guaranteed a trial by as maintenance around public of criminal defendants and asked jury. However, the accused has buildings, collecting trash along to enter a plea to the charges. the right to ask for a bench trial roadways, etc. If the accused pleads guilty or where the judge, rather than a • Fines--on both misdemeanors jury, serves as the finder of fact. pleads nolo contendere (accepts and felony offenses. penalty without admitting guilt), In both instances, the prosecutor • Restitution--which requires the the judge may accept or reject and defense present evidence offender to provide financial com by questioning witnesses while pensation to the victim. Report on Crime and Justice In Colorado and Denver 1985 37 Discretion is exercised The limits of discretion vary from The response to crime is mainly throughout the criminal justice state to state and locality to a state and local function system locality. Very few crimes are under ex Discretion is "an authority con For example, the range of options clusive federal jurisdiction. The ferred by law to act in certain available to judges when they responsibility to respond to most conditions or situations in accor sentence offenders varies greatly. crime rests with the state and dance with an official's or an In recent years, some states have local governments. official agency's own considered sought to limit the judges' discre judgment and conscience.'" tion in sentencing by passing More than one agency has Traditionally, criminal and juvenile mandatory and determinate sen jurisdiction over some criminal justice officials, in particular the tencing laws. events police, prosecutors, judges, and Some criminal events because of paroling authorities, have been Who exercises discretion? given a wide range of discretion. their characteristics and location These • .• must often decide may come under the jurisdiction criminal justice whether or not or Legislative bodies have recog officials••• how to- of more than one agency. nized that they cannot foresee Police Enforce specific laws every possibility, anticipate local Congress has provided for federal Investigate specific jurisdiction over crimes that mores, and enact laws that clearly crimes encompass all conduct that is Search people, vicinities, • Materially affect interstate 2 buildings commerce criminal and all that is not. Arrest or detain people Therefore, those charged with • Occur on federal land the day-to-day response to crime Prosecutors File charges or petitions • Involve large and probably are expected to exercise their for adjudication interstate criminal organizations Seek indictments or conspiracies own judgment within guidelines Drop cases set by law. • Are offenses of national impor Reduce charges tance, such as the assassination 4 Discretion is also necessary to Judges Set bail or conditions of the president. permit the criminal and juvenile for release Accept pleas Bank robbery and many drug justice system to function within offenses are examples of crimes available resources.3 The en Determine delinquency Dismiss charges for which the state and the forcement and prosecution of all Impose sentence federal government both have laws against all violators is Revoke probation jurisdiction. In cases of dual juris beyond the financial resources diction, an investigation and a available. Therefore, criminal and CorrE/ctional Assign to type of officials correctional facility prosecution may be undertaken juvenile justice officials must Award privileges by all authorized agencies, but have the authority to allocate Punish for disciplinary only one level of government resources in a way that meets infractions usually pursues a case. the most compelling needs of Paroling Determine date and . their own communities. authority conditions of parole Revoke parole The response to crime also varies on a case-by-case basis No two cases are exactly alike. At each stage of the criminal jus The response to crime is found Municipalities and counties tice process, officials must make in the intergovernmental further define their criminal decisions that take into account structure of the United States justice systems through local the varying factors of each case. Under our form of government, ordinances that proscribe addi Two similar cases may have very each state and federal govern tional illegal behavior and different results because of ment has its own criminal justice establish those local agencies various factors, including dif system. All systems must respect responsible for criminal justice ferences in witness cooperation the rights of individuals set forth processing which were not and physical evidence, the avail in the U.s. Constitution and established by the state. ability of resources to investigate defined in case law. Congress has also established a and prosecute the case, the quality of the lawyers involved State constitutions and laws criminal justice system at the federal level to respond to federal and the age and prior criminal define the criminal justice system history of the suspects. within each state and delegate crimes such as bank robbery, kid the authority and responsibility naping and transporting stolen for criminal justice to various goods across state lines. jurisdictions, officials and institu tions. State laws also define criminal and delinquent behavior. 38 Report on Crime and JUstice In Colorado and Denver 1985 Basic sources Notes Cohn, Alvin W., Crime and ju.~tice 1 Roscoe Pound, "Discretion, dispen administration (Philadelphia: J.B. sation and mitigation: The problem of Lippincott Company, 1976). the individual special case," New York University Law Review (1960) Gottfredson, Michael and Don M. R., 35:925, 926. Gottfredson, Decisionmaking in criminal justice: Toward the rational 2Wayne R. LaFave, Arrest: The deci exercise of discretion (Cambridge, sion to take a suspect into custOdy" Mass.: Bolinger Publishing Company, (Boston: Little, Brown & Co., 1964), 1980). pp'. 63-1 84. Inbau, F., J. Thompson, and A 3lbid. Mocussens, Criminal law: Cases and comments, second edition (Mineola, 4Attorney General's Task Force on N.Y.: Foundation Press, 1979), Violent Crime-Final report, August pp. 1-15. 17, 1981 (Washington: U.S. Depart ment of Justice, 1981), p. 2. Jacob, Herbert, Justice in America, third edition (Boston: Little, Brown & Co., 1978). Johnson, Elmer H., Crime, correction and society, third edition (Homewood, lit.: Dorsey Press, 1974). Reed, Sue Titus, Crime and criminol ogy (Hinsdale, III.: Dryden Press, 1976). Rossum, Ralph A, The politics of the criminal justice system (New York: . Marcel Dekker, Inc., 1978). The challenge of crime in a free society, report of the President's Commission on Crime and Adminis tration of Justice (Washington: USGPO, 1968). Report on Crime and Justice In Colorado and Denver 1985 39 Section 2. Entry into the criminal justice system The initial response to crime is usually by the police The system responds directly There are more than 50 law Most calls for service in to only a small amount of enforcement agencies at the Denver do not require law crime federal level, including the Fed enforcement The criminal justice system gen eral Bureau of Investigation (FBI), Drug Enforcement Administration Type of Call Percent erally responds to crimes brought ID check/vehicle registration 14% to its attention through direct (DEA) and the Internal Revenue Service. l Accident/emergency 11 observation or citizen reporting, See complainant--crime related 10 but, as noted in Chapter II, most Law enforcement is only one Disturbance/fight 9 crime is not reported to the of several roles of police Burglary-alarm 5 police. Parking complaint 4 Because most reported crimes Two main roles of police officers Animals 4 are: are not solved by arrest, the pro See complainant-other 4 portion of all crimes handled • Law enforcement-applying Prowler 3 directly by the criminal justice legal sanctions (usually arrest) to Traffic related 3 system through the processing of behavior that violates a legal Suspected vehicle 2 standard. a suspect is relatively small. Crime in progress 2 Indirectly, the criminal justice • Order maintenance-taking Suspect apprehension 2 system may be dealing with more steps to control events and cir Fire crime than appears in arrest data cumstances that disturb or Alcohol abuse because the offenders who are threaten to disturb the peace. Administrative 25 For example, a police officer may processed may be responsible Source: Denver Anti'Crime Co'mcil, Calls for for much more crime than that be called on to disperse an unruly Service, 1978 for which they are arrested. crowd or to quiet an overly bois terous party. Traditionally, the police Two secondary roles of police function has been dominated officers are: Fewtlr than h;:;.lf of the by local governments • Information gathering-asking empl,oyees in large police routine questions at a crime depaltments are assigned to Colorado has approximately 186 patrol municipal police departments scene, inspecting victimized premises and filling out forms Employees and marshals' offices, with more assigned by than 5,000 full-time equivalent needed to register criminal complaints. four large E'mployees. Unit of Colorado pollee • Service-related duties-a broad assignment departments There are 63 sheriffs' departments range of activities, such as assist Patrol 40-45% with 62 elected sheriffs. Since ing injured persons, animal con Traffic 0- 9 Denver has combined city and trol, or fire calls. Tactical 0- 6 county governments, Denver does Detective 11-14 not have an elected sheriff. The Several investigative techniques youth 0- 7 responsibilities of the sheriffs are used by the police Vice 1- 4 cover a range of duties including • Detection techniques are used Other operations 0- 4 police protection, serving judicial Technical services 1-14 process papers and operating jails. when a crime has been commit ted, but the suspect has not been Communications 2-10 An estimated 1,500 employees Internal affairs *. 1 are involved in law enforcement identified, or if identified, has not been apprehended. Research and activities at the county level and development *- 1 another 700 perform correctional • Undercover techniques are Records 4- 9 used When a person is suspected activities in the jails. Chiefs office *- 2 of participating in criminal activity, Personnel 0- 1 State law enforcement agencies yet no speCific crime has been Other include the State Patrol, Colorado committed. administration 0-11 Law Enforcement Training Acad • Intelligence techniques are *Less than 0.5% emy (CLETA), the Colorado Bureau used when there is no identified of Investigation (CBI), campus Source: Bureau of Justice Statistics, Source crime or suspect. An investigator book of Criminal Juslice Statistics, police departments, state hospi seeks only information; following 1983 tal police, etc. These agencies hunches or tips, the investigator perform law enforcement functions looks for relationships.2 as well as provide support to local agencies. 40 Report on Grime and Justice In Colorado and Denver 1985 ------.------ What is police strength in Colorado? Most counties have between 2 and 4 police officers per 1 ,000 residents S;:'OGWICt< L06AN ~ L 0 w pHll,LIPS MORGAN y U M A ADAMS WASHINGTON ARAPAHO£: KIT CARSON ELBERT LINCOLN EL PASO ~1 K IoWA CRowceV h------r-----c--"1 BENT PROWE.RS OTERO MONTE:ZUMA. BACA LA~ AN I MAS CONE.)OS Number of law enforcement Source: Compendium 01 public employment, Census of governments, U.S. Bureau of the Census, 1982 officers per 1,000 residents 1-2 2-3 3-4 4+ c=J c=J c=J r=J There is no standard level of Crime rates are not related to and police, it may be associated police protection police strength of a given area more with the tactics of law enforcement officers than with Police employment in Colorado Many people believe that in 3 ranges from 1 to 7 police officers creased police employment will their numbers. per 1,000 residents; however, result in higher levels of protec 80% of all counties have be tion and will lead to reductions in tween 2 and 4 officers per 1,000 crime. However, there is no clear residents. The western states, relationship between either the including Colorado, generally have number of police officers on duty higher levels of police protection and the rate at which crime than the other sections of the occurs or between crime ra.tes country. Tourist areas often have and budget allocations for law high levels of police protection enforcement. If a relationship is relative to the resident population. to be found between crime rates Report on Crime and Justice in Colorado and Denver 1985 41 Most criminal cases are initiated by arrest When a crime has been Driving under the influence and larceny-theft are the most committed, a suspect must be common reasons for arrest in Colorado identified and apprehended for the case to proceed through Colorado Denver the system. Rank Number Rank Number Driving under the influence 1 32,066 5 4,540 Sometimes, a suspect is appre Larceny-theft 2 31,410 1 6,933 hended at the scene;' however, Disorderly conduct 3 16,860 2 5,826 often extensive investigations are Simple assaults 4 13,154 3 5,265 required to identify a suspect, Liquor laws 5 12,979 4 4,918 and, in many cases, no one is Drug abuse violations 6 7,380 6 3,133 identified or apprehended. Law Vandalism 7 6,237 7 1,858 *Burglary 8 5,164 9 1,198 enforcement agencies have wide Runaways 9 4,904 11 905 discretion in determining when to *Aggravated assaults 10 4,188 14 687 make an arrest. Weapons-carrying 11 3,746 8 1,786 Fraud 12 2,855 19 160 The law protects the public Sex offenses 13 2,668 12 884 from arbitrary arrest *Motor vehicle theft 14 2,193 13 777 Curfew and loitering 15 2,048 15 573 A peace officer may arrest a Prostitution /vice 16 1,765 10 1,089 person when: Forgery and counterfeiting 17 1,215 16 454 • He has a warrant issued by the *Robbery 18 968 17 380 court commanding the arrest of Vagrancy 19 515 18 286 that person Stolen property 20 512 20 147 • A crime has been or is being *Forcible rape 21 437 21 123 committed by such person in his *Arson 22 403 23 87 Offenses against family 23 328 25 29 presence or *Murder-manslaughter 24 216 22 95 • He has probable cause to Embezzlement 25 193 26 believe that an offense was com Gambling 26 109 24 70 mitted and that the offense was All other non-traffic 65,332 22,460 committed by the person to be arrested. Total 219,845 64,663 An arrest warrant is issued only *UCR Index Crimes on an affidavit sworn to or Source: Colorado Bureau of Investigation, Crime in Colorado, 1984 affirmed before the judge and relating facts are sufficient to A search warrant is usually cedures are not followed, evidence establish probable cause that an required before police may gained may not be used in court. search a person or his property offense has been committed and Legislation passed in Colorado that a particular person commit A search warrant may be issued in 1981 allows evidence which is ted that offense. by a judge based on facts suffi otherwise inadmissable in a crim cient to: inal proceeding to be used if the Most persons enter the criminal • Identify or describe, as nearly court determines that the evi justice system through the as may be, the premise, person, dence was seized by a peace arrest process, but some enter place or thing to be searched. officer as a result of a good faith by other means • Identify or describe, as nearly mistake or of a technical violation. A person may be issued a notice as may be, the property to be The rights of persons in or summons to appear by the searched, seized or inspected. custody included the right to police officer requiring a court • Establish the grounds for communicate with an attorney appearance to answer a criminal issuance for the warrant, or prob charge. A summons creates a able cause to believe that such Persons who are arrested have mandatory obligation to appear grounds exist. the right to communicate with an in court. The police officer may • Establish probable cause to attorney of their choice and a issue a summons for traffic believe that the property is member of their family by making violations, misdemeanors and located at, in, or upon the prer a reasonable number of telephone petty offenses. For some offen ises, person, place, or thing to ..: calls or other form of communica ses, such as a minor traffic viola searched. tion. Persons arrested or taken tion, a payment of a fine can be into custody shall be treated made in lieu of a court appear Illegally gained evidence is not humanely and provided with ade ance. Another means of entering admissable in court quate food, shelter and medical treatment. No unlawful means the criminal system is through To protect the public from arbi shall be used to obtain a state the issuance of an indictment by trary searches and seizures, ment, admission or confession. a grand jury. police are required to follow specific procedures. If those pro- 42 Report on Crime and Justice In Colorado and Denver 1985 ------,------ The probability of an arrest declines sharply viction rat€3 in cases was 35% if the incident is not reported to the police where tangible evidence was within seconds after a confrontational crime recovered, compared with only 24% where no tangible evidence Probability of arrest (percent) was recovered. In addition, when 35 ::.-Crime reported while crime in progress: 33.6% at least two lay witnesses were available to testify about a crime, 30 - the conviction rate was 39%, compared with only 21% in cases 25 - when less than two witnesses were available. 20 15 Delay in apprehension affects the ability of police to make arrests that result in conviction 10 Crime reported when not in progress This is largely due to the fact 5 that when delay is short, the o· ability of the police to recover o 2 3 4 5 6 7 8 9 10 11 1'2 13 14 15 tangible evidence from a "warm Minutes alter crime was committed Source: Calling the police: Citizen reporting 01 serious crime, crime scene" is enhanced. For Police Executive Research Forum, 1981 example, in the District of Colum bia study cited above, conviction rates for robbery, larceny and Police response time is Several factors affect the burglary declined significantly as important in securing arrests ability of police to make arrests time between offense and arrest only when they are called which result in conviction increased. while the crime is in progress A principal factor relating to the or within a few seconds after criminal event and the arrest itself the crime was committed Elapsed is the availability of tangible time Robbery Larceny Burglary The study by the Police Execu evidence and credible witnesses. 0-5 minutes 38% 34% 43% tive Research Forum suggests The ability of the government to 6-30 minutes 36 30 45 that after a certain time elapses, prosecute criminal cases success 30 minutes the response time of the police fully depends largely on evidence 24 hours 30 29 40 More than followin!;J a delayed report of a that establishes proof that a 24 hours 26 26 38 confrontational crime may be of crime was committed and that an SoUrce: What happends alter arrest? Institute for little relevance to the making of arrested person committed it. Law and Social Research, 1978. an arrest for the crime. In many Evidence may be presented at cases, timely reporting by citizens the trial through witnesses, may not occur because of prob records, documents and other lems in leaving the crime scene concrete objects. The acquiSition and reaching a telephone, a deci of criminal evidence is generally sion to chase or restrain the the task of the arresting police criminal personally, or the need officer. Under the exclusionary to care for a personal injury. rule, evidence obtained improperly Moreover, where discovery crimes may not be used in court. are involved (those noticed after A study of criminal conviction the crime has been completed), rates in the District of Columbia very few arrests may result even by the Institute for Law and if citizen reporting immediately Social Research demonstrated a follows discovery; by this time strong relationship between the the offender may be safely away. availability and strength of evi If a suspect is arrested, the length dence and conviction of criminal of delay between the offense and defendants. For example, of all the arrest may crucially affect the arrests for violent crimes brought ability of the government to pros before the District of Columbia ecute the suspect successfully. Superior Court in 1974, the con- Report on Crime and Justice in Colorado and Denver 1985 43 For most crimes, no one is apprehended For every nine offenses reported to police ... ~ SEDGWICK I..,O,GAN MO.FFAT PHILLIPS yUMA KIT C::ARSO~,J LINCOLN CHEVENNE K lOW A SAN MONTE~UMA BACA Number of UCR Index Offenses per 1,000 population 0-20 20-40 40-60 60-80 80+ c:J c:J C\'·<·I Ey.1 _ Source: Colorado Bureau of Investigation (CBI), Crime in Colorado, 1984 When is a crime considered The interpretation of clearance Most crimes are not cleared by solved? statistics must be approached arrest with caution. For example, a num Reported Law enforcement agenices ber of criminal offenses may be measure solved cases by count crimes designated as cleared when a cleared by ing clearances, that is, the single offender has been appre number of cases in which a arrest known criminal offense has hended for their commission. Murder 80% resulted in the arrest, citation, However because the crimes Aggravated assault 73 may involved the participa Forcible rape or summoning of a person in hav~ 58 tion of multiple suspects, the Robbery 36 connection with the offense or in term clearance may suggest that which a criminal offense has Larceny-theft 25 a criminai investigation has Motor vehicle theft 23 been "resolved" (location and closed when in fact it may be identity of suspect known), but Burglary 14 until the remaining an arrest is not possible because contin~ed suspects are apprehended. Addi All UCR Index Crimes 28 of exceptional circumstances tionally a case may be cleared such as death of suspect or Source: CBI Crime In Colorado, 1984 even though the suspect will not refusal of the victim to prosecute. be processed for that offense or is later absolved of wrongdoing. 44 Report on Crime and Justice in Colorado and Denver 1985 Basic sources Notes Calling the police: Citizen reporting of , Bala Rektor, Federal law enforce serious crime, Police Executive ment agencies (1975) Research Forum, 1981. 2James Q. Wilson, The investigators, Calls for service, Denver Anti-Crime ~1978}, pp. 21-23. Council, 1978. ~\Colin Loftin and David McDowall, Compendium of public employment, University of Michigan, discuss the census of governments, U.S. Bureau studies undertaken in this area The of the Census (Washington, USGPO, polic,e, crime, and economic theory: 1982). An assessment. American Sociologi cal Review (June 1982) Crime in Colorado, Colorado Bureau 47(3}:393-401. of Investigation, 1984. Dictionary of criminal justice data terminology, second edition, Bureau of Justice Statistics, U.S. Department of Justice, NCJ-76939 (Washington: USGPO,1981). Justice agencies in the United States, 1980, Bureau of Justice Statistics, U.S. Department of Justice, NCJ- 65560 (Washington: USGPO, 1980). National Crime Survey: Criminal victimization in the United States (annual), Bureau of Justice Statistics (Washington: U.S. Depart ment of Justice). Sourcebook of criminal justice statistics, Bureau of Justice Statis tics, 1983. What happesn after arrest? Institute for Law and Social Research, under grant from the National Institute of Justice, U.S. Department of Justice (Washington: USGPO, 1978). Wilson, James Q., Varieties of police behavior (Atheneum, NY: Atheneum [by permission of Har vard University Press), 1971}. 46 Report on Crime and Justice in Colorado and Denver 19fJ5 Section 3. Prosecution and pretrial services The district attorney's job is to prosecute criminals The American prosecutor is Few cases result in a trial unique in the world First, the American prosecutor is a public prosecutor representing 18 rejected at 20 dropped the people in matters of criminal screening after filing 0.6 acquittals law. Traditionally, European soci eties viewed crimes as wrongs 100 cases-L 82 filings L 62 proceeded \ri.I, ",W WI",,, against an individual whose of charges I' L,.. claims could be pressed through private prosecution. Second, the L...______• 60 guilty pleas American prosecutor is usually a local official, reflecting the development of autonomous local Note: Includes 8 front range counties governments in the colonies. Source: District Attorneys Council, PROM IS Database, 1984 Finally, as an elected official, the local American prosecutor is re A district attorney is elected in Whatever the method of sponsible only to the voters. each of the 22 judicial districts to accusation, the state must prosecute criminal cases on demonstrate at this stage that Prosecution is the function of behalf of the state (the people). there is probable cause to representing the government The district attorney is a part of support the charge in criminal cases the executive branch of govern ment. Deputy district attorneys Colorado law provides a simple After the police arrest a suspect, and expeditious method for the the prosecutor coordinates the may be appointed by the district attorney to assist with the duties prosecution of misdemeanor and government's response to crime petty offenses in county court. from the initial screening, when of the office. the prosecutor decides whether A summons and complaint can or not to press charges, through The state attorney general and be issued by a police officer for a trial and, in some instances, at the U. S. attorneys also misdemeanor or petty offense. the time of sentencing, by the prosecute cases in the state The summons and complaint directs the defendant to appear presentation of sentencing recom The attorney general prosecutes mendations. and defends all suits relating to in county court at a stated date matters connected with state and time. Or a summons can be Prosecutors have been accorded issued after a complaint is filed government other than the legis much discretion in carrying out in county court. A trial may be their responsibilities in that they lative branch. The attorney general is elected by the people held upon appearance of the make many of the decisions that defendant before the judge or determine whether or not a case and is a member of the gover nor's cabinet. Federal prosecu the case is set for trial as soon will proceed through the criminal as possible. Judgments of the tion is the responsibility of 94 justice process. county court in a criminal action U.S. attorneys who are appointed by the president. under the simplified procedure Most felony cases in Colorado may be appealed to district court. are prosecuted by district attorneys A criminal action may be When a person is arrested for a commenced in several ways class two petty offense (a minor The primary duty of the district ~ffense) the arresting officer may attorney is to appear on behalf A criminal action for violation of Issue a penalty assessment of the state, the people, or any statute may be commenced notice. If the defendant wishes to any county in the district in in one of the following ways: acknowledge his guilt, he may all indictments, actions and • Return of an indictment by a pay the specified fine in person grand jury proceedings filed in district or by mail. If he chooses not to court. The district attorney will • Filing of information in district acknowledge guilt, he shall appear also prosecute cases which are court in court as required by the transferred to his district from • Filing of a felony complaint in notice. another by a change of venue. county court. Report on Criroe and Justice in Colorado and Denver 1985 47 Why are some cases rejected or dismissed? The decision to charge is example, some cases referred The Fourth Amendment solely at the prosecutor's to the district attorney are more prohibits unreasonable discretion appropriately handled as civil, searches and seizures in the collection of evidence Once an arrest is made and the petty or misdemeanor matters case is referred to the district • Due process problems that Under the exclusionary rule, attorney, most district attorneys involve violations of the evidence obtained in violation of screen cases to determine constitutional requirements for the Fourth Amendment may not whether the case merits prosecu seizing evidence and for be used in criminal proceedings ticn. The district attorney may questioning the accused. Due against the accused. Both the refuse to prosecute, for example, process problems also result police and prosecutors drop because of insufficient evidence. from excessive delays in filing cases based on what they find is The district attorney has the the case improperly obtained evidence . power to dismiss cases or to • Combination with other cases, for example, when the accused is Fewer than 1 % of the cases filed decide which of several possible in Colorado are rejected or charges to press in a prosecu charged in several cases and the dismissed because of due tion. The decision to charge is prosecutor prosecutes all of the charges in a single case. Cases process or constitutional not reviewable by any other problems. branch of government. Some pro are often dismissed if the defend secuttH's accept almost all cases ant pleads guilty in another case Most of the cases with due for prosecution; others screen .. Fugitives from another jurisdic process problems are rejected out many cases. tion may have their case dis prior to filing. These types of missed if the other jurisdiction cases account for approximately Once charges are filed, a case prosecutes 2% of the cases that are may be terminated only by .. Pretrial diversion that occurs rejected. Very few cases are official action when the prosecutor and the dismissed after filing because of court agree to drop charges constitutional problems. The prosecutor can drop a case when the accused successfully after making efforts to prosecute meets the conditions for diver (nolle prosequi), or the court can sion, such as completion of a dismiss the case on motion of treatment program. the defense on grounds that the government has failed to establish that the defendant committed the crime charged. The prosecution Evidence problems are the primary reason cases may also recommend dismissal, are rejected prior to filing or are dismissed or the judge may take the initia tive in dismissing a case. A Percent Percent dismissal is an official action of Reason for rejection or dismissal rejected dismissed the court. Evidence problems 56% 42% Prosecutive merit 15 What are the most common Pretrial diversion 10 reasons for rejection or Jurisdictional 10 dismissal? Victim/witness problems 3 13 Many criminal cases are rejected Due process 2 1 or dismissed because of: Plea in another case * 23 co Evidence problems that result Fugitive returned 9 from a failure to find sufficient Other 4 13 physical evidence that links the defendant to the offense 'Less than 0.5% Note: InclUdes eight front range counties .. Victim problems which result Source: District Attorneys Council, PROMIS, 1984 when a victim decides to drop the charges .. Witness problems that arise, for example, when a witness fails to appear, gives unclear or incon sistent statements, is reluctant to testify, or is unsure of the identity of the offender .. Prosecutive merit wherein the prosecutor decides not to prosecute certain cases based on the merit of the case. For 48 Report an Crime and Justice in Colorado and Denver 1985 The Sixth Amendment of the Constitution provides the accused the right to be assisted by counsel The function of the defense The state public defender repre More than 47,000 new cases attorney is to protect the sents as counsel all indigent were opened by the public defendant's legal rights and ~o persons charged with or held defellder's offices in 1984 be the defendant's advocate in for the commission of a crime Cases the adversary process The state public defender re Type of case opened in 1984 Defendants have the right presents without charge, indigent Felony 16,219 to defend themselves, but most persons: Misdemeanor 26,594 Juvenile 4,550 prefer to be represented • Arrested for or charged with a Total 47,363 by a specialist in the law. felony Relatively few members of the • Arrested f(lr or charged with a The court may appoint another legal profession specialize in misdemeanor attorney in place of the public criminal law, but lawyers who • Juveniles upon whom a delin defender normally handle other types of quency petition is filed or 'Nho legal matters may take occasional are in any way restrained by Private attorneys are generally criminal cases. court order, process or otherwise appointed when a potential con held in any institution against flict exists as a result of: The right to the assistance of their will for treatment of any dis • Multiple defendants being counsel is more than the right ease or disorder or confined for charged with the same crime to hire a lawyer the protection of the public • A person previously represented • Charged with municipal code by the public defender's office is Supreme Court decisions in a victim of the present defendant Gideon v. Wainwright (1963) and violations (at public defender's discretion). • A person previously represented Argersinger v. Hamlin (1972) by the public defender's office established that the right to an will be a witness against the attorney could not be frustrated present defendant by lack of means. For both • A case overload in the public felonies and misdemeanors for defender's office, or the public which incarceration can be the defender staff is otherwise penalty, the state must provide u navai lable. an attorney to any accused person who is indigent. The institutional response to Ad hoc appointment of counsel remains the primary source of this constitutional mandate is indigent defense still evolving as states experi ment with various ways to provide legal c?unsel for indi gent defendants. Colorado is one of 13 states that provide a statewide public defender system Only 13 states, !ncluding Colorado, have statewide organizations to provide indigent defense ser vices. In 33 states, such services are organized at the county level alone or in combination with a statewide system. The remaining four states use judicial districts. Thirty-three states provide Primary source of indigent defense complete or partial funding of indigent defense. In the other 19 _ Statewide public defender states, funding comes from the ~ Statewi~e public defender ~ and assigned counsel county. Assigned counsel provided: ~ Adhoc I':','r:l Ad hoc and by contract Much indigent defense provided locally CJ By contract Source: Preliminary data from the 1982 National IndigE1nt Defense Survey, Abt Associates, Inc. Report on Crime and Justice in Colorado and Denver 1985 49 Most defendants are eligible for release pending trial The Colorado Constitution to the commercial bail bondsman, In setting the amount of bail guarantees the right to bail ill the Vera Institute created the and the type of bond, the judge all cases, except for capital Manhattan bail project, which considers certain criteria rele offenses showed that defendants with vant to the risk of non community ties could be released appearance All persons shall be bailable without bail and in most cases before conviction, except in the still return for trial. Criteria to be used by the judge prosecution for a capital offense in fixing bail are defined by law: in which the proof of guilt is The Pretrial Services Resource • The amount of bail shall not be evident or the presumption great. Center reports that more than oppressive The constitl:Jtion also guarantees 200 pretrial service programs • When a person is charged with that excessive bail will not be currently operate throughout the an offense punishable by fine required. nation. Since the Federal Bail only, the amount of bail shall not Reform Act of 1966, many states exceed the maximum amount of The traditional objective of bail have passed laws that limit the the fine or other pretrial release role of bondsmen. Five states • The defendant's employment options are to assure appea .... (Kentucky, Oregon, Wisconsin, status and hL:!ory and financial ance at trial Nebraska and Illinois) have elim condition inated bail bonding for profit. • The nature and extent of family In medieval times, the accused Kentucky dealt with both bonds relationships was bailed to a third party who men and release programs in • His past and present residences would be tried in place of the 1976 when it banned bondsmen accused if the accused failed to • His character and reputation and set up a statewide system of • Identity of person who agrees appear. As the system evolved, pretrial services agencies. to assist him in meeting court the guarantee became the post dates ing of a money bond that was Several types of bond may be • Nature of offense, probability forfeited if the accused failed to approved by the court of conviction and the likely appear. In the United States, the sentence Eighth Amendment states that • Personal recognizance-bond secured only by the personal • Prior criminal record and bail shall not be excessive, but it failures to appear as required does not grant the right to bail in obligation of the person giving all cases. The right to bail for the bond • Indications of the possibility of criminal acts if released many offenses was established • Personal recognizance co by federal and state laws early in signed-the court may require • Indications that defendant will intimidate or harass witnesses our history. additional obligors on the bond • Indications that defendant has • Cash bond-cash or stocks strong ties to the community and The modern bail reform move and bonds equal to the required is not likely to flee. ment resulted in new release bail are deposited with the clerk options of the court • Property bond-real estate The movement was based on the located in Colorado is put up as belief that detaining the poor collateral because they could not afford • Surety-bail is guaranteed by a bail violated the prohibition commercial bondsman. against excessive bail. In the early 1960's, seeking alternatives Bond schedules are established for most offenses but bond amounts vary among jurisdictions County Jail Class 1 Felony Class 2 Felony Class 3 Felony Class 4 Felony Class 5 Felony Class 1 Misdemeanor Adams Set by Court $20,000-50,000 $10,000 $5,000 $2,500 $500 Arapahoe Set by Court 20,000 10,000 6,000 3,000 750 Denver Set by court Set by Court Set by Court Set by Court 1,000-5,000 NA EI Paso Set by Court 20,000 8,000 1,000-2,000 1,000 400 Fremont Set by Court 20,000 8,000 2,000 1,000 400 La Plata Set by Court 25,000 10,000 3,000 1,500 1,000 Mesa Set by Court Set by Court Set by Court Set by Court Set by Court 500-1,000 Montrose $50,000 25,000 15,000 5,000 2,500 1,000 Morgan Set by Court Set by Court 15,000 2,000 2,000 1,000 Prowers Set by Court 10,000 Sot by Court 3,000-6,000 2,000-4,000 750-1,000 Pueblo Set by Court 7,500 4,000-8,000 2,000 1,000 1,000 Routt Set by Court 20,000 5,000 2,000 1,000 750 Note; List of felony and misdemeanor offenses Is found on page 63 Source: Division of Criminal Justice, Pretrial Release Database, 1985 50 Report on Crime and JUstice In ::olorado and Denver 1985 Personal recognizance bonds The type of bond used most Fewer people in Denver are are restricted if the defendant often in Colorado is the surety released on bond than the has a criminal record bond average for the state The district attorney must agree Jail Only 59% of the people booked to a personal recognizance bond Type of bond Inmates into jail in the City and County of Surety 44% if the person is currently at Personal recognizance 29 Denver were released on bond liberty on bond for a felony or Cash 23 compared to the state average of class 1 misdemeanor or if the Property 3 72%. person was convicted of a felony Other 1 in the last five years or a class 1 Source: DCJ, Pretrial Release Database, 1985 Most people in Denver who fail misdemeanor in the past two to obtain a bond release are years. Most bond amounts are set held on a bond of $500 or less at less than $1,000 Detainees Approximately 720/0 of the Jail Bond amount not released people booked into county jails Bond amount Inmates $500 or less 76% in Colorado in 1983 were re Personal recognizance 26% $500-2,500 12 leased on bond Under $100 6 Over $2,500 12 $100-199 8 Source: Denver Anti-Crime CoUncil, Jail Jail $200-499 18 Overcrowding Briefing Paper, 1983 Type of release Inmates $500-999 19 Bond 72% $1,000-1,999 7 Transferred to other $2,000-4,999 jurisdictions 10 8 $5,000-9,999 Issued a summons 5 5 $10,000-49,999 Charges dismissed 3 2 $50,OOO-or more Paid fine 2 Source: DCJ, Pretrial Release Database, 1985 Not released prior to 8 trial Source: Division of Criminal Justice (DCJ), Pretrial Release Database, 1985 Most people who are arrested and placed in jail stay only a short time Percent 100 80 ,. OL-~ __~~~~ ____~~~~~~~~ __~~~~~ __~~ 24 hrs 48 hrs 72 hrs Hours Held Source: DCJ, Pretrial Release Database, 1985 Report on Crime and Justice in Colorado and Oenver 1985 51 Basic sources Crime in Colorado: a Survey of Citizens, Colorado Division of Crim inal Justice, 1982. Gettinger, Stephen, "Has the bail reform movement stalled?" Correc tions Magazine {February 1980}, 4{1}:26-35 Jacoby, Joan E., The American prosecutor, a search for identity (Lexington, mass.: Lexington Books, 1980). Johnson, Elmer H., Crime, correction and society, third edition {Homewood, III.: The Dorsey Press, 1974}. National indigent defense survey, Abt Associates, Inc. 1982. Nissman, David M., and Ed Gagen, The prosecution function (Lexington, Mass.: Lexington Books, 1982). Pretrial release database, Colorado Division of Criminal Justice, 1985 {unpublished}. Promis database, Colorado District Attorneys Council, 1984. Pryor, Donald E., and Walter F. Smith, "Significant research findings con cerning pretrial release," Pretrial Issues, Pretrial Services Resource Center, Washington, D.C., February 1982. Public opinion database, Colorado Division of Criminal Justice, 1985. Reed, Sue Titus, Crime and Criminol ogy {Hinsdale, III.: The Dryden Press, 1976}. Rossum, Ralph A, The politics of the criminal justice system {New York: Marcel Dekker, Inc., 1978}. 52 Report on Crime and Justice in Colorado and Denver 1985 ,I· Section 4. Adjudication The courts are participants in and supervisors of the judicial process The courts have several Courts at various levels of government interact in many ways functions in addition to deciding about violations of the law United States r------..~I Supreme Court The courts are responsible for: 9 Ju~tlces .. Settling disputes between legal entities (persons, corporations, By writ aI certiorari By writ of certloran etc.) I U.S. Court 01 Appeals .. Invoking sanctions against U.S. courts 01 appeal lor Fedorat Circuit 12 circuits violations of law (formeny Court of .. Deciding whether acts of the Customs aod Patent Appeals) legislative and executive branches By right of appeal are constitutional. By right of appeal In making decisions about viola By right oft appeal tions of the law, the courts must apply the law to the facts in U.S. dl.lrtct courts Certain administrative (basic lederal individual cases. The courts have agencle8 trial courts) an impact on policy, while decid Deals with claIms ing individual cases, by handing against the United Jurlsdlcatlon based Federal Trade Commission, States on federal questions Nallonal Labor Relations down decisions about how the or diversity of Board, etc. laws should be interpreted and citizenship Usually by writ of carried out. Decisions of the certiorari when federal appellate courts are the decisions questions Involved most likely to have policy impact By removal: also a very limited right of appeal from A case may be highest State court The use of an arm of the state removed by a to U.S. Supreme Court in settling disputes is a defendant from Colorado stale Irlal court State Judicial system relatively new concept to U.S. district court If the Until the Middle Ages, disputes plaintiff could have Stata Supreme Court between individuals, clans and brought the case originally In Highest State appellate court- families, including criminal acts, Federal court. were handled privately. Over Removal, however, must lake place Generally by right+ of appeal time, some acts such as murder, be/ore trial rape, robbery, larceny and fraud begins were determined to be crimes against the entire community, and the state intervened on its t behalf. Today in the United By right of appeal States, the courts handle both civil actions (disputes between individuals or legal organizations) and criminal actions. The courts hear felony, domestic relations An independent judiciary is civil (over $5,000), Juvenile, probate a basic concept of the U.S. and mental health cases system of government t ~ To establish its independence New trial New trial and impartiality, the judiciary was created as a separate branch of County court government equal to the execu I tive and legislative branches. Hear misdemeanor, Deal with laws civil (up to $5,000) passed by city Insulation of the courts from tralllc cases and government political pressure is attempted preliminary hearings through the separation of powers Updated and reprinted by permission from The American Legal Environment doctrine, established tenure for by William T. Schantz, Copyright c 1976 by West publishing Company judges, legislative safeguards All rights reserved. Modified for Report on Crime and Justice In Colorado and Denver and the canons of ethics of the legal profession. Report on Crime and Justice in Colorado and Denver 1985 53 In Colorado, there are several appellate jurisdiction over cases The U.S. Constitution created levels of jurisdiction, each appealed from Denver County the Supreme Court and hearing different cases or Court. Judges in these three authorized Congress to performing different functions special courts must have the establish lower courts same qualifications and serve the as needed • Municipal courts. There are approximately 215, municipal s(;l.me term of office as district court judges. Currently, the federal court sys" courts in Colorado with an tem consists of various special estimated 230 judges. Home rule • Court of Appeals. The Court courts, U.S. district courts cities are authorized by the con of Appeals is composed of ten (general jurisdiction courts), U.S. stitution and other cities by judges who sit in divisions of courts of appeals (intermediate statute to establish municipal three to hear and decide on appellate courts which receive courts. Municipal courts are fund matters before it. It has initial appeals from the district courts ed and administered locally and appellate jurisdiction over appeals and federal administrative agen are not administered by the State from final judgements of district cies), and the U.S. Supreme Judicial Department as are all of courts and Denver Probate, Court (the court of last resort). the other courts In the state. Juvenile and Superior courts, Organized on a regional basis, Their jurisdiction is limited to except for those matters in which there are U.S. courts of appeals municipal ordinance violations. the Supreme Court has initial for each of 11 circuits and the jurisdiction. District of Columbia. In the trial • County courts. Approximately 109 judges serve in 63 county The Court of Appeals has initial courts for the federal system (the courts. County courts hear civil jurisdiction over appeals from 94 U.S. district courts), approxi mately a quarter of a million cases in which the claim does awards or actions of the Indus not exceed $5,000. The small trial Commission in workmen's cases were filed in 1982; there claims division of county court and unemployment compensation was one criminal case for every six civil cases. hears cases in which the claim cases and appeals regarding does not exceed $1,000. Traffic charters for new banks. The court Only 22% of the cases filed in and traffic infraction cases are also reviews actions of the State heard in county court which also Colorado district courts in FY Board of Medical Examiners, Civil 1983-84 were criminal or has original jurisdiction with dis Rights Commission, Insurance delinquency cases trict courts over misdemeanors Commissioner and actions of and the issuance of warrants, school boards under the Teacher Type of case Number Percent conduct of preliminary hearings Tenure Act. Civil 38,336 34 and setting bail. Most mis • Supreme Court. Seven jus Domestic relations 32,841 29 demeanors are heard in county Criminal (adult) 15,785 14 court and in some judicial dis tices serve on the Supreme Court. The chief justice is select Delinquency (juvenile) 9,586 8 tricts a part or all of the Probate 7,980 ed from among its members and 7 preliminary hearings on felony Other juvenile 7,300 6 of the cases are heard in county court. serves at the pleasure Mental health 2,784 2 court. The Supreme Court has Total new filings 114,612 100 • District courts. District courts initial appellate jurisdiction over: are Colorado's trial courts of cases in which the constitution Source: Colorado JudIcIary, Annual Report, general jurisdiction. They have ality of a statute, a municipal FY 1983·84 trial jurisdiction in domestic charter provision or an ordinance relations, civil (over $5,000), is in question; cases concerned Approxi mately 60% of the juvenile, probate, mental health with decisions or actions of the cases filed in county courts are and criminal cases, except in the Public Utilities Commission; writs traffic related cases City and County of Denver. of habeas corpus; water cases Type of csse Number Percent involving priorities or adjudica The jurisdiction of Denver District Traffic 130,404 46 tions; and summary proceedings Civil 65,485 23 Court is unique because of three initiated under the Election Code. Traffic infractions 38,268 14 special courts. Probate and men Misdemeanor 30,023 11 tal health matters are heard in The Supreme Court also has the Small claims 16,460 6 Probate Court and juvenile right of review called certiorari 280,640 100 matters are heard in Juvenile review over appeals which are Source: Colorado Judiciary, Annual Report, Court. Denver Superior Court has initiated in the. Court of Appeals FY 1983-84 original jurisdiction with the dis or in a district court or in the trict court in civil actions where DenverSuperiorCou~ the amount involved is not less The Supreme Court promulgates than $1,000 nor more than rules governing practice pro $5,000 and has concummt juris cedure in civil and criminal cases diction with district and county and governing the administration courts. The court also has of all courts. 54 Report on Crime and Justice In Colorado and Denver 1985 Judges are appointed by the The Supreme Court may Municipal judges are goyernor, but are retained by remove or retire unqualified appOinted and removed by the public vote judges governing body of the city A constitutional amendment The Colorado Constitution pro A municipal judge may be approved in 1966 established a vides a procedure whereby a jus removed during his term of office systeH'I in which candidates for tice or judge of any court of only for cause as defined by judgeships are screened by local record may be removed for willful statute: nominating commissions and misconduct in office or willful or vacancies are filled by appoint persistent failure to perform his • He is found guilty of a felony ment of the governor. duties or intemperance or he or any other crime involving moral turpitude The justices of the supreme may be retired for disability inter court and all appeals court, dis fering with the performance of • He has a permanent disability trict court or county court judges his duties. which interferes with the per must be retained by the voters A commission on judicial qualifi formance of his duties when their terms expire; The cations may investigate • He fails to meet residency judge must notify the secretary complaints and hold hearings. requirements. of state that he or she wishes to If the commission finds good retain judicial office. A question cause, it shall recommend to the is then placed on the appropriate Supreme Court the removal of ballot at the general election as the justice or judge. The follows: "Shall Justice (Judge) Supreme Court after a review of ____ of the Supreme (or records and any additional other) Court be retained in evidence may accept the recom office? Yes/_ No/_." Judges mendations and order the do not campaign and there is no removal or retirement of a judge competition for the position. or may reject the recommendation. Judges in the higher courts must be attorneys Term of Court Office Qualifications Supreme 10 years Qualified elector of the state Licensed to practice law in Colorado for 5 years Appeals 8 years Same as Supreme Court District 6 years Qualified elector and resident of his or her district Licensed to practice law in Colorado for 5 years County 4 years Qualified elector and resident of his or her county In 10 largest counties - licensed to practice law in Colorado Other counties - graduated from high school or has GED Municipal Not less Same as county judge in small counties than 2 years Source: Colorado Revised Statutes Report on Crime and Justice in Colorado and Denver 1985 55 A person is considered innocent until proven guilty Every person is presumed Jurors must meet certain • Is biased toward the defendant innocent until proven guilty minimum qualifications or the state • Occupies a fiduciary relation No person shall be convicted of • United States citizen and ship to the defendant or the any offense unless his or her resident plaintiff guilt is proven beyond a reason • Eighteen years old • Is a lawyer or a compensated able doubt. • Read, speak and understand employee of a public law enforce English ment agency. The defendant has certain • Physically and mentally cap able of rendering satisfactory jury rights Names of prospective jurors service At the first appearance or are selected from lists • Has not lost the right to vote intended to make jury pools arraignment, the court informs by reason of a criminal conviction. the defendant of the following: representative of the community • He need make no statement, A prospective juror's In Colorado, the jury commission and any statement madl7 can and competency, qualifications or for each county is required to may be used against him prejudice may be challenged compile and maintain a master • He has the right to counsel by the state or the defendant list consisting of all voter regis trations supplemented with names • If he is indigent, he will be Prospective jurors may be assigned counsel at the expense from other sources such as utility challenged for the following of the state customers, property tax payers, reasons: • Any plea he makes must be persons filing income tax returns, voluntary on his part • Does not meet qualifications motor vehicle registrations, city • He has the right to bail, if the • Related to defendant or an directories, telephone directories offense is bailable and the attorney engaged in the case and drivers licenses. amount of bail that has been set • Is guardian or ward, employer Twenty-three states use only by the court is met or employee, landlord or tenant, voter registration lists as the sole debtor or creditor, principal ,)f • He has a right to a jury trial, source of names for jury service. which can be waived except agent, member of household, A multiple-source list, such as when the charge is a class 1 business partner, surety on any bond or obligation of any that used in Colorado, expands offense, e.g. first degree murder the pool from which jurors are defendant • He is informed of the charges drawn and may achieve more against him. • Served as juror for any case or action related to the crime representative jury pools. The defendant enters a plea as • Was a witness to any matter to his gum or innocence related to the crime or its At the arraignment the defendant prosecution personally or, where permissible, by counsel may orally enter: All States require 12-member juries in capital cases; 6 States permit less than 12-member juries in felony trials • A plea of guilty • A plea of not guilty • A plea of nolo contendere (no contest) • A plea of not guilty by reason of insanity, in which event a not guilty plea may also be entered. The Colorado Constitution gives defendants the right to a speedy public trial by an impartial jury The number of jurors required to sit on a jury varies by the type of case: Felony 12 Class 1 Misdemeanor 12 Jury size Other misdemeanors 6 Petty offenses 3-6 c=JEJ_ Civil 3-6 6 8 12 Source: National Center for State Courts, Center for JUry Studies, August 1982 56 Report on Crime and Justice in Colorado and Denver 1985 Most cases that are prosecuted result in convictions Seventy-three percent of cases The judge does not participate A deferred sentence may be filed by the district attorney in the plea discussions but granted after the defendant result in a plea of guilty decides whether to grant charge has entered a plea of guilty and sentence concessions Disposition Cases The court may continue a case Dismissed 24.0% If a. tentative agreement has been for up to two years from the date Guilty pleas 73.0 ruached, the trial judge may per of entry of a plea of not guilty. Guiity by trial 1.7 mit the disclosure to him of the During that time, the defendant is Acquitted by trial .1 tentative agreement and the usually placed under probation Source: Colorado District Attorneys Council, reasons, therefore, in advance of supervision. If the defendant fully PROMIS Database, 1964- the tendering of the plea. He complies with the conditions, the may then indicate whether he plea of guilty previously entered Plea bargaining is authorized will concur in the proposed dis is withdrawn and the action by Colorado statute position if the information in the against the defendant is dis The district attorney may engage presentence report is consistent missed with prejudice. in plea discussions and reach with the representations made to If the defendant does not comply plea agreements where it appears him. The judge in every case with the conditions, the court that the administration of crimina! should exercise an independent enters a judgement and imposes justice will thereby be served. judgement in deciding whether to a sentence based on the guilty The district attorney may agree grant the charge and sentence plea. to one or more of the following concessions. depending upon the circumstan ces of the individual case: Prosecution may be deferred • To make or not oppose favor for up to two years able recommendations concern The court may, prior to trial or ing the sentence to be imposed entry of a plea of guilty, and with for a plea of guifty or nolo the consent of the defendant and contendre the prosecution, order the • To seek or not to oppose the prosecution of the offense dismissal of an offense charged deferred for up to two years. The for a plea of guifty or nolo defendant is usually placed under contendre to another offense probation supervision and may reasonably related to the be required to undergo counsel defendant's conduct ing or treatment for his mental • To seek or not to oppose the condition and/or alcohol or drug dismissal of other charges or abuse. potential charges for a plea of guilty or nolo contendre If the defendant satisfactorily • To consent to deferred meets the conditions, the charges prosecution against him are dismissed with • To consent to deferred prejudice. If the conditions of sentencing. supervision are violated, th€l defendant is tried for the original The offense at conviction in offense. Deferred prosecutions felony cases is often lower are used in approximately 1% of than the original charge the felonies filed in district courts. Offense at Conviction Cases Guilty as charged 56% Guilty of a lesser felony 25 Guilty of a misdemeanor 18 Source: Division of Criminal Justice, Court Database, 1963·64 Report on Crime and Justice In Colorado and Denver 1985 57 ------_._--- The Sixth Amendment provides the right of a defendant to a speedy trial Concern about court delay is Most criminal cases in 1984 Rural courts process the not new were disposed within six majority of cases faster than As early as 1818, the legislature months the urban courts in Massachusetts adopted the Disposition Rural courts process at least auditor system to ease court con time 50% of the criminal cases within gestion and delay.l However, the first three months. In 1984, it what constitutes unreasonable took the urban courts an average delay in criminal proceedings has 12 Percent of of one extra month to process been difficult to define. In Baker months cases the same proportion of cases. v. Wingo (1972), the Supreme disposed Percent Cases that take the longest to of cases Court set down four factors to be r90% disposed process take longer, on the weighed in determining whether average, in the rural courts than .90% a defendant had been denied his in the urban courts. right to a speedy trial: 10 • -Length of the delay months • Reasons for the delay • Whether the defendant suf ficiently assisted his right to a speedy trial • Whether delay prejudiced the case of the defendant. 8 1-75% months A defendant in Colorado must be tried within 6 months or the charges must be dismissed 1-75% If a defendant is not brought to trial on the issues raised by the 6 complaint, information or indict months ment within 6 months from the date of entry of a plea of not guilty, the pending charges shall be dismissed. The defendant may not be tried later for the same 50% 4 offense or for another offense months based upon the same act or 50% series of acts arising out of the 25% same criminal episode. 25% A continuance can be granted for 3 an additional six months at the months request of the defendant. A con tinuance may be granted at the 10% -10% prosecutor's request only if defendant in person or by his counsel expressly agrees to the Rural Urban continuance. Average Average In computing the time within which a defendant must be Source: Colorado Judiciary brought to trial, certain delays caused by the defendant are excluded. Also, continuances may be granted at the prosecutor's request, without the defendant's approval, because of unavailabil ity of evidence material to the state's case or if the prosecutor needs additional time to prepare the case because of exceptional circumstances. 58 Report on Crime and Justice in Colorado and Denver 1985 How does the criminal justice system handle the mental health of defendants? In all states and the federal or defective in mind at the time defendant or his attorney can courts, defendants may be of the commission of the act as inform the court that such a plea found incompetent to stand to be incapable of distinguishing is indicated. A plea of not guilty trial right from wrong with respect to by reason of insanity include.s a that act is not accountable. But plea of not guilty. Defendants may be incompetent care should be taken not to con to stand trial on the basis their The issue raised by the plea of <.If fuse such mental disease or mental health if they are found to not guilty by reason of insanity is defect with moral obliquity, men tried separately to a different jury be unable to understand the pro tal depravity, or passion growing than the criminal charge and is ceedings against them or to out of anger, revenge, hatred or properly assist in their own tried first. other motives, and kindred evil defense. Such findings usually conditions, for when the act is When the plea is accepted, the follow a court-ordered mental induced by any of these causes, court commits the defendant for evaluation of the defendant. the person is accountable to the a sanity examination. Once any According to Roesch and Gold law. evidence of insanity is introduced, ing, most defendants referred for the people have the burden of competency evaluations are found Competency to stand trial and proving sanity beyond a reason competent. If found incompetent, the insanity defense are able doubt. a defendant may be committed frequently confused If the defendant is found to have for treatment until competent to stand trial. The issue of insanity refers to been sane at the time of the the defendant's mental state at commission of the crime,the case In 1977, the Supreme Court held the time of the crime while the is set for trial. on the criminal in Jackson v. Indiana that defen issue of competency concerns charges. If the defendant is dants found incompetent to the ability of the defendant to found to have been insane, the stand trial could not be held assist in the preparation of his or defendant is committed to the indefinitely as a result of incom her defense or to understand the custody of the Department of petency and that any such com proceedings. For example, a Institutions until he is eligible for mitments must be justified by defendant may be found compe release. treatment progress. Some states tent to stand trial but be found have responded to this decision not guilty by reason of insanity. A new plea of "impaired by setting treatment time limits menta~ condition" was added after which defendants must be If a defendant is mentally to law in 1983 incompetent to proceed, a trial released. In all states, such Impaired mental condition means defendants may be recommitted is not held until competency is a condition of mind, caused by under civil commitment laws. restored mental disease or defect, which does not constitute insanity but, As of 1983 a defense of The question of the defendant's competency may be raised by nevertheless, prevents the per insanity was recognized by all the judge, prosecution, defense son from forming a culpable but two states or an official from the institution mental state which is an essen Two states - Montana and Idaho having custody of the defendant. tial element of a crime charged. - have passed laws that abolish If the defendant is found, at a The procedures are basically the the insanity defense. In Idaho, however, psychiatric evidence is hearing, to be incompetent to same as for a plea of insanity. If proceed, he is .-;ommitted to the the defendant is found not guilty allowed on the issue of t 'intent custody of the Department of to commit a crime. because of impaired mental con Institutions until he is competent. dition, he is committed to the In most states, a formal notice of After competency is restored, the custody of the Department of an intent to rely on the insanity court resumes the trial or sen Institutions until he is eligible for defense must be filed by defen tencing proceedings or orders release. dants who wish to claim insanity the sentence carried out. The as a defense. Such defendants defendant will be given credit for Few felony cases result in enter a plea of not guilty at the any time spent in confinement verdicts of not guilty by reason time of trial. against any term of imprisonment. of insanity or impaired mental condition Insanity is defined as being A defendant found not guilty unable to distinguish between by reason of insanity is Very few cases result in a finding right and wrong because of a committed to the Department of not guilty by reason of disease or defect c·f the mind of Institutions until sane and insanity. Only 6 of more than then released 12,800 felony cases disposed in Colorado statutes define the test 1984 resulted in a finding of not for insanity that a jury shall use A plea of not guilty by reason of guilty by reason of insanity.1 as: A person who is so diseased insanity can be ente-red by the Report on Crime and Justice in Colorado and Denver 1985 59 Basic sources Annual report, Colorado Judiciary July 1, 983 to June 30, 1984. Center for jury studies newsletter, (McLean, Va.) September 1980, November 1980, March 1981, and Novembet 1981. Cohn, Alvin W., Crime and justice administration (Philadelphia: J.B. Lippincott Company, 1976). Court database, Colorado Division of Criminal Justice, 1983-84. Jacob, Herbert, Justice in America, third edition (Boston: Little, Brown & Co., Inc., 1978). Johnson, Elmer H., Crime, correction and society, third edition (Homewood, III.: The Dorsey Press, 1974). Promis database, Colorado District Attorneys Council, 184. Reed, Sue Titus, Crime and criminol ogy (Hinsdale, III.: The Dryden Press, 1976). Roesch, Ronald, and Stephen L. Golding, Competency to stand trial (Urbana, III.: University of Illinois Press, 1980). Rossum, Ralph A., The politics of the criminal justice system (New York: Marcel Dekker, Inc., 1978). Steadman, Henry J., John Monahan, Sharon K. Davis, and Pamt'ria C. Rob bins, Mentally disordered offenders: A national survey of patients and facilities, Law and Human Behavior 6(1):31-38 (1982). Notes 1 Historical review by John Eckler in "Lagging justice': Annals of the American Academy of Political and Social Science. vol. 328. March 1960. 60 Report on Crime and Justice in Colorado and Denver 1985 Section 5. Sentencing and corrections Through sentencing, society expresses its objectives for the correctional process The sentencing of criminal SentenCing reforms of the duration to rehabilitative progress offenders is a reflection of 1970's took two approaches: or predictions of future behavior multiple and often conflicting administrative and statutory by paroling authorities) have led, social objectives The administrative approach called perhaps most important, to mod These objectives are: on judges and parole boards to ifications of the parole decision. • Rehabilitation-removing or accept and apply voluntary guide Many states are experimenting with parole guidelines systems remediating presumed causes of lines for the kind and duration of crime by providing economic, punishment to be imposed on and amendments to good-time psychological, or socialization offenders for each type of crime and other incentives for controlling assistance to offenders to reduce and to regularize the sentencing behavior during confinement and determining a release date. the likelihood of continuing in adjustments made for such crime factors as the seriousness of the • New administrative require • Deterrence-sanctioning con offense and the offender's ments also have been attached victed offenders to reduce crime criminal record. to such traditional correctional by making the public and the practices as collecting victim offender aware of the certainty The statutory approach called for laws that specify mandatory restitution funds; imposing fees and severity of punishment for for probation supervision, room criminal behavior prison terms for specific crimes and fixed terms of imprisonment and board and services provided; • Incapacitation-separating of and operating community-service fenders from the community to for certain classes of crimes. punishments. reduce the opportunity for further Reforms of the 1970's sought to: commission of crime • The various sentencing reforms • Clarify the aims of sentencing have led to small changes in the • Retribution-punishing offen • Reduce cis parity and discretion ders to express societal disap correctional clientele, such as • Channel limited resources into lowering the age of juvenile court proval of criminal behavior without a more predictable penalty system specific regard to prevention of jurisdiction in some states; enact • Provide sanctions consistent ment of guilty but mentally ill crime by the offender or among with the "just deserts" concept. the general public. provisions in a few states; and, in Between 1975 and 1982: a small number of jurisdictions, Attitudes about sentencing • 10 states, beginning with the recent advent of laws providing reflect multiple objectives and Maine, abolished their parole for life sentences without parole. other factors boards • Several states established A 1982 public opinion survey of administrative guidelines for Colorado citizens shows that determining parole release to most citizens believe that the minimize disparities in the length purpose of prison is to incapaci of prison stay tate the offender and to deter • More than 35 states enacted potential offenders from commit laws that require minimum sen ting similar offenses. Less than tences to incarceration for half of the respondents believe specified crimes that prisons should be used to • Many states began to experi rehabilitate offenders. ment with new forms of sentencing Purpose of prison Agree guidelines designed by the Incapacitation 92% judiciary or by appointed sen Deterrence 71 tenCing commissions. Rehabilitation 46 Retribution 27 Chang9s in sentenCing have resulted in changes in correc Fairness and equity are goals tional practices of most sentencing laws Many of the sentencing reforms • Fairness-the severity of the have led to changes in the way punishment should be commen correctional systems operate. surate with the crime • Equity-like crimes should be • The growth of determinate and treated alike mandatory sentences over the • Social debt-the severity of past decade and dissatisfaction punishment should take into with the uncertainties of indeter account prior criminal behavior. minate sentences (particularly the concept of linking sentence Report on Crime and Justice in Colorado and Denver 1985 61 States primarily use three Most states have some mandatory sentencing provisions Mandatory strategies for senteil~ing Type of sentencing sentencing Mandatory offen008 • Indeterminate sentence.:> usu Alabama Determinate Yes Repeat felony Alaska Determinate, presumptive y~,'3 Murder, kidnaping, firearms, repeat felony ally provide a minimum and ~ maximum term, either of which Arizona Determinate, presumptive Yes Firearms, prior felony convictions may be reduced by "good time" Arkansas Determinate Yes Robbery, deadly weapons (time cr'3dits gained by inmates California Determinate, presumptive No for good conduct or special Colorado Determinate, presumptive Yes Violent crime, habitual offender Connecticut Determinate Yes Sex assault with firearm, burglary, repeat felony, achievement) or by a decision assault on eldeny of the paroling authorities. The Delaware Qetermlnate Yes Murder, kidnaping, prison assault, robbery, maximum sentence may be set narcotics, deadly weapon, habitual criminal, as a range (for example, 5 to obscenity, othem 10 years) rather than a specific Florida Indeterminate Yes Drug number of years. Georgia Determinate Yes Armed robbery, burglary, drugs HawaII Indeterminate No o Determinate sentences usu Idaho Determinate Yes Firearm, repeat extortion, kidnap or rape with ally provide a fixed term that bodily injury may be reduced by good time or Illinois Determinate Yes Major offenses, specified felonies and offenses, parole. Judicial discretion may repeaters, weapons be available to grant proba- Indiana Determinate, presumptive Yes Repeat felony, violent crime, deadly weapons Iowa Indeterminate Yes Forcible felonies, firearms, habitual offenders, tion or suspend the sentence. drugs Sentencing laws generally pro Kansas Indeterminate Yes Sex offense, firearms vide a maximum (or a range) for Kentucky Indeterminate No sentence duration. Determinate I.oulsiana Indeterminate Yes Drugs, violent crime systems are usually based on a Maine Determinate No definite length for a sentence Maryland Determinate, guidelines Yes Repeat violent offenders, handgun (l that can be increased or de Massachusetts Indeterminate Yes Firearm, auto theft, drug trafficking creased for aggravating or miti Michigan Indeterminate Yes MUrder, armed robbery, treason, firearms gating factors or on guidelines Minnesota Guidelines No that define sentence lengths, Mississippi Determinate Yes Armed robbery, repeat felony deviations from which must be Missouri Determinate Yes Dangerous weapon, repeat felony justified by sentencing judges. Montana Indeterminate Yes Firearms • Mandatory prison sentences Nebraska Indeterminate No are defined by law and must be Nevada Determinate Yes 2nd degree murder, 1 st degree kidnaping, sexual given upon conviction; the judge assaul~ firearm, repeat felony is not permitted to grant proba New Hampshire Indeterminate Yes Firearms tion or to suspend the sentence. New Jersey Determinate, presumptive Yes Sexual assaul~ firearms New Mexico Determinate, presumptive Yes Firearms Most states apply a combination New York Indeterminate Yes Specified violent and nonviolent felonies North Carolina Determinate, presumptive Yes Armed robbery, 1 st degree burglary, repeat felony of sentencing strategies with firearm Many states may have a North Dakota Determinate Yes Firearm predominate orientation toward Ohio Indeterminate Yes Rape, drug trafficking one strategy (for example, Oklahoma Determinate Yes Repeat felony indeterminate) and require Oregon Guidelines, indeterminate Yes Drugs another strategy (for example, Pennsylvania' Gllldelines, indeterminate Yee Selected felonies with firearms, within 7 years of mandatory sentences) for specific prior convictions, in or near public transportation offenses. The strategies utilized Rhode Island Indeterminate No by states are constantly evolving, South Carolina Determinate Yes Armed robbery, drugs, bomb threat thus complicating overall classi South Dakota Indeterminate No fication. As of September 1981, Tennessee Detarminate, indeterminate Yes Specified felonies, firearms, repeat felony for example, some states that Texas Determinate Yes Repeat felony, violent offenses required mandatory prison sen Utah Indeterminate No tences for certain offenses used Vermont Indeterminate Yes Drugs, violent crime a predominately indeterminate Virginia Indeterminate No strategy while others used a Washington Indeterminate Yes Firearms, rape, repeat felony determinate strategy. Wesi Virginia Indeterminate Yes Firearms In felony Wisconsin Indeterminate No Wyoming Indeterminate No 'Pennsylvania updated as of December 1982. Sources: A survey of mandatory sentencing In the U.S., Richard S. Morelli, Craig Edelman, Roy Willoughby. Pennsylvania Commission on Crime and Delinquency. September 1981. Judicial and executive discretion In the sentencing process: AnalYSis 01 felony State code provisions, Criminal Courts Technical Assistance Pra Ject (Washington. Amencan University, January (1982). A national survey 01 parolfrre/ated legislat/on, Michael Kanvensohn, (San Francisco: Unlfl)rrn ParOle Reports, Dtlcember 1979). 62 Report on Crime and Justice in Colorado and Denver 1985 Colorado passed a determinate A greater or jesser sentence The court may impose a sentencing law in 1979 may be imposed if aggravating sentence of not less than one or' mitigating circumstances half the minimum sentence in the Most offenders who commit an exist range if mitigating Circumstances offense after July 1, 1979, are exist in the case. Mitigating sentenced under the determinate If the court finds any of the circumstances are those that sentencing law. following aggravating circum minimize or explain the de stances present and the de fendant's involvement in the Determinate sentencing pro fendant is sentenced to prison, crime. visions require the judge to the court must impose a sentence give a definite sentence within greater than the presumptive a range defined by law range but not more than twice Few misdemeants are sentenced to prison The sentence imposed by the maximum: Misdemeanants may be sen judge must fall within the range • Conviction for a crime of for the offense unless aggravating violence tenced to prison only if concur rently sentenced for a felony or mitigating circumstances are • Defendant was on parole, pro involved. In imposing the bation, and/or bond for another conviction. sentence the court must consider. felony at the time of commission Sentences for misdemeanors • The nature and elements of of the felony may include the imposition of a the offense • Defendant was in a correc fine in addition to incarceration. • The character and criminal tional facility as a convicted felon Clasa Confinement Fine record of the offender or was an escapee at the time of 1 6 months-2 years $500-$5,000 • All aggravating or mitigating the commission of the present 2 3 months-1 year $50'$1,000 circumstances surrounding the felony 3 6 months $50 offense and the offender. • Other aggravating circum stances determined by the court. The prediction of future criminal behavior of the defendant, unless based on prior criminal conduct, shall not be considered in deter mining the length of the sentence. The ranges within which a judge may sentence an (:;{fender to prison are: Class '1 felonies are the most serious, misdemeanors the least Class Sentel1ce serious 1 Life Imprisonment Or death Offense class Type of offense 2 8-12 years 3 4-$ ye lrs Class 1 felony First degiee murder, first degree kidnapping (victim Injured) 4 2-4 years 5 1-2 years Class 2 felony Second degree murder, first degree kidnapping, first degree sexual assault (rape), burglary of a pharmacy, aggravated robbery of drugs, criminal abortion) (death of woman occurs) A new law gives judges more discretion on sentence length Class 3 felony First degree assault, first or second degree arson, first degree burglary (occupied building), aggravated robbery of the elderly or A law passed by the legislature disabled, theft of property (over $10,000), motor vehicle theft (over in 1985 doubles the maximum $10,000), defrauding a secured creditor (over $10,000) sentence in the presumptive Class 4 felony Manslaughter, second degree assault, second degree kidnapping, range. The new sentencing ranges second or third degree sexual assault, sexual assault on a child, for crimes committed on or after second degree arson (over $100 damage), robbery, theft of property (over $200, less than $10,000), motor vehicle theft (under $10,000), July 1, 1985, are: theft by receiving ($200 't,:,. $10,000), criminal mischief, tirst or Cla\i.s Sentence second degree forgery, fraudulent use of a credit device, fraud by check (over $200), defrauding a secured creditor ($200 to $10,000), 1 Life Imprisonment or death 2 8-24 years criminal abortion 3 4-16 years Class 5 felony Vehicular assault, menacing, violation of custody, third degree 4 2·8 years burglary, possession or burglary tools, first degree criminal trespass, 5 1·4 years criminal possessiOn of forgery Instrument, criminal Impersonation, commercial bribery, bigamy Misdemeanors Criminally negligent homicide, third degree assault, menacing, reck less endi.lngerment, false Imprisonment, sexual. assault without force, arson (under $100 damage), theft (under $200), joyriding, criminal tampering. defacing property, abandoment of a motor vehicle, third degree forgery, theft of credit device, Issuance of a bad check. Report on Crime and Justice in Colorado and Denver 1965 63 How does the public feel about sentencing and corrections? Police are rated the highest by the public, judges the lowest The preferred methods of financing new prisons and Rating Police District attorney Judges Public defender Excellent 8% 2% 3% 3% jails are alcohol and tobacco, Good 51 33 22 36 business and sales taxes Fair ·30 42 43 42 Type of tax Favor Poor 6 14 19 9 Alcohol and tobacco 61% Very poor 1 4 9 3 State sales 16 Undecided 4 5 5 7 State business income 14 Source: DCJ, Public Opinion Survey, 1S:l1 State personal income 5 Residential property 3 Source: DCJ, Public Opinion Survey. 1984 More than 70% of Colorado The public would be willing to citizens feel that sentences im pay higher taxes if it would re More than 85% of the citizens posed by judges are too lenient duce the number of offenders in Colorado favor the death When asked on a survey of Citizens surveyed were asked, "If penalty Colorado citizens how they felt a program were developed that The citizens responding to the about sentences imposed by cut the number of offenders in public opinion survey over judges, respondents expressed half, I would be willing to pay whelmingly support the death the following opinions: more tax to support it." penalty. Extremely severe 1% Strongly agree 30% Favor strongly 59% Moderately severe 4 Agree 39 Failor somewhat 26 About right 21 Neither agree nor disagree 20 No opinion 5 Moderately 50ft 57 Disagree 7 Oppose somewhat 5 Extremely 50ft 14 Strongly disagree 4 Oppose strongly 5 Don't know 4 Source: DCJ. Public Opinion Survey. 1964 Source: DCJ. Public Opinion Survey, 1984 Source: DCJ, Public Opinion Survey. 1964 Three-fourths of the public feel too many people are free on bail More than half of Colorado while awaiting trial citizens feel more prisons But only 18% of the citizens sur and jails are needed veyed feel that too many people Colorado citizens were asked if are being held in jail simply they feel that the number of state because they cannot afford to prisons and local jails that now pay bail. exist are adequate to meet our needs now and for the next 10 When given a similar situation, years. the public would give softer Prisons Now Future sentences than judges Strongly agree 4 3 A 1984 public opinion survey pre Agree 18 6 Neutral 22 20 sented a sample of citizens and Disagree 45 43 judges with 14 crime situations. Strongly disagree 10 28 In 10 out of the 14 cases, a greater proportion of Jails judges would have sentenced the Strongly agree 3 2 offender to prison than would the Agree 17 7 Neutral 27 24 citizens. In three of the other Disagree 45 47 situations the defendant was a Strongly disagree 8 20 mother with children and the judges would make greater use Source: DCJ Public Opinion Survey, 1982 of community corrections in these cases. The judges would also give longer sentences in 12 out of the 14 cases. 64 Report on Crime and Justice in Colorado and Denver 1985 What sentencing alternatives are available in Colorado? Judges are given a wide range service is a part of the sentence Mandatory prison sentences of discretion in sentencing for all those convicted of drunk are required for those convicted offenders driving of violent crimes • Fines-a penalty that requires • Death penalty·-offenders can the offender to pay a specific A violent crime is defined as: be executed if convicted of a sum of money within the limit set • a crime in which the defendant Class 1 felony by law. Fines can be imposed for used or possessed and threatened the use of a deadly weapon • Incarceration-a convicted most crimes except felonies and criminal can serve a sentence in while committing or attempting to are often used for traffic and a state-operated prison or in a commit a crime against an minor offenses. Fines are often county jail. Offenders sentenced elderly or handicapped person or used in conjunction with other a crime of murder, first- or to less than a year are usually sentencing options. held in a local jail; those with second-degree assault, kidnap longer terms are committed to ping, sexual assault, robbery, The legislature limits judges' first-degree arson, first- or the state prison sentencing options for certain second-degree burglary, escape • Community corrections pro offenders gram-offender may be sentenced or criminal extortion or during to a residential or nonresidential Certain serious offenders are the flight therefrom community corrections program, prohibited from being placed • a crime in which the defendant usually in or near the offender's on probation or in community caused serious bodily injury or community. Offenders usually corrections programs. Other death to any person, other than work or attend school during the offenders are required by law to himself or another participant, day and attend alcohol and drug be sentenced to prison and the during the commission or at treatment, mental health counsel judges' discretion on length of tempted commission of any of ing and training in social skills sentence may also be restricted. the crimes listed above during non-working hours. • Any unlawful sexual offense in • Probation-the sentencing of A person who ~as been con which the defendant caused an offender to community super victed on two prior felonies bodily injury to the victim or in vision by a probation agency, may not be granted probation which the defendant used threat, often as a result of suspending a An offender is not eligible for intimidation, or force against the sentence to confinement. Such victim. supervision normally entails the probation if he or she has been convicted of a Class 1 felony or If a specific finding is made by provision of specific rules of a Class 2 petty offense (very the jury, or the court if there is conduct while in the community. not a jury trial, that a violent If Violated, a sentencing judge minor offense). crime was committed, the judge may impose a sentence to con Also, a person convicted of two must sentence the defendant to finement. It is the most widely felonies in Colorado or another used correctional disposition state prior to the current con prison for a term greater than the both in Colorado and in the viction is not eligible for pro maximum of the sentencing range but not more than twice United States bation. the maximum. However, the court • Split sentences and shock probation-the convicted person Violent offenders may not may review the sentence within serves a short period in prison or be placed in community 90 days and may modify the jail (the shock), followed by a correctional facilities sentence after the offender has period of probation served at least 120 days in An offender accused of or con prison. • Restitution-the requirement victed of committing a crime of that the offender provide finan violence or a Class 1 mis cial remuneration for the losses Murderers can be sentenced to demeanor in which a deadly death or life imprisonment incurred by the victim. As a weapon was used may' not be condition of probation, the sentenced to a community cor The jury shall decide whether to court must require that the rectional facility. The corrections impose a sentence of death or defendant make restitution to the board, which is appointed by the life imprisonment in a case victim for actual damages ~us local L1nit of government, has the where tht':l defendant has been tained.The amount of restitution authority to accept, reject, or convicted of a Class 1 felony. may be modified or waived if it reject Lfter acceptance the place The verdict of the jury to will work an undue hardship on ment of any offender in its com sentence to death must be the defendant or his family munity correctional program. unanimous and is binding on the • Community service-the re court unless the court docu quirement that the offender pro ments in writing that the verdict vide a specific number of hours of the jury was clearly erroneous of public service work, such as as contrary to the weight of the collecting trash in parks or work evidence. The issue of punish in public facilities. Community ment is determined at a separate Report on Crime and Justice In Colorado and Denver 1985 65 sentencing hearing after the trial. must be sentenced to prison for The proportion of convicted If a jury trial was waived or if the the rest of his or her life. felons sentenced to prison has defendant pleaded guilty, the increased in recent years Community sentencing options hearing is conducted before the In 1979-80, approximately 15% of are used for most offenders trial juqge. the people convicted of a felony Alternative Sentenced in Colorado were sentenced to Convicted sex 01fenders can Probation 47% prison. In 1983-84, 22% of the be held in prison for the rest of Probation with jail term 8 convicted felons received a their natural lives Community corrections 8 prison sentence. Jail term 7 Persons convicted of sexual Prison sentence 22 assault, sexual assault on a child, Suspended sentence 1 Colorado holds a higher pro or aggravated incest may be sen Other sentence 3 portion of juveniles in con tenced by the court to an Source: DCJ, Court Database, 1983·84 finement than the national indeterminate sentence in prison, average having a minimum of one day U.S. Colorado and a maximum of his or her Adults natural life. More than 1% of the U.S. Confined 27% 24% If the court finds beyond a population is under some Community 73 76 reasonable doubt that the de form of correctional Juveniles fendant, if at large, constitutes a sanction Confined 16 24 threat of bodily harm to members Community 84 76 of the public, the judge may sen Source: Bureau of Justice Statist/cs, Report 10 the tence the defendant to prison for Nat/on, 1983 an indeterminate term. When given the same set of This finding must be based on circumstances, sentences psychiatric evaluations and on judges would Impose on the evidentiary hearing. defendant vary greatly Habitual offenders are severely In a 1980 and a 1985 sUrvey, punished judges were presented with descriptions of five cases. The Offenders convicted of a Class 1, offenders, victims, nature of 2 or 3 felony who have been the offenses and any mitigating convicted of two felonies in the or aggravating circumstances past 10 years must be sentenced Juveniles were described for each case. to prison for 25-50 years. The findings from the surveys Offenders convicted of any felony include: who have been convicted of • Given the same set of cir three prior felonies must be sen cumstances, the sentences judges tenced to prison for the rest of would give vary greatly his or her natural life. • The prison sentences that judges would impose were ap An habitual-offender charge re proximately six months longer in quires proof of the previous 1985 than in 1980 for the same felonies and a separate sentenc cases ing hearing. • Most of the judges felt that the sentencing ranges provided by Habituat burglars must be Rate of persons under correctional sanction per 1,000 eligible population law were adequate for the sentenced to prison situations described. 0·5 5,10 10·15 15-20 20+ Every person convicted of a first c::J c=J c=J E>i/'J _ The variation in sentences judges or second-degree burglary, who would give in two of the five has been convicted of a similar -Dala unavailable cases is shown on the following offense in the past 10 years is Sources: ·Prlsoners In 1981." BJS bulletin, Moy page. an habitual-burglary offender. 1982. "Cons us of lolls ond survey of loll Inmates The court must sentence this Preliminary repor~" NPS bulletin SO·NPS-J-6P, February 1979. Children In custody, 1979, U.S. offender to prison for a term Bureau of the Consus, forlhcomlng. "Probation and parole;' BJS bUliellr\ August 1962. ·';:".te and greater than the maximum In the local probation and parole systems, fobrUary presumptive range, but not more 1978. than twice the maximum. If the Resldorit population-U.S. BUroau of the Census SUilplornontnry Report P'25, numbor 913. Onto on defendant has been convicted of 1979 ollglble luvenllo population provided by U.S. two or more felonies he or she Bureau of the Census, August 1962. 66 Report on Crime and Justice in Colorado and Denver 1985 Judges would give different sentences in the same case Offender A has been convicted of aggravated robbery, a to excessive consumption of alcohol. The defendant has Class 3 felony. The evidence which you heard at trial been addicted to heroin for the past three years and has included the following: The defendant and a friend en testified at the probation hearing with apparent sincerity tered a 7-11 convenience store in your community and at that he is hopeful that you will place him in a community gun point. forced three terrified customers and an equally drug rehabilitation program, which is available as a condi terrified clerk to lie on the floor while the gunmen looted tion of probation. the cash register. A fourth customer escaped and alerted the police who arrested the defendant a short distance from the store within minutes of the robbery. A second man escaped and the weapon used was never recovered. The defendant gave no statement and has never iden tified his accomplice. All five witnesses at trial testified to Offender B has pled guilty to second-degree burglary of a the defendant's presence in the store; however, the dwelling, a Class 3 felony. The simple facts of the offense evidence was conflicting as to whether the defendant was are that he gained entry into the home of a prominent the person who used the weapon. The probation depart member of your community through an unlatched window ment's report shows that the defendant is an unemployed and was apprehended by an alert passing policeman as 24-year-old male, who has an average IQ, no prior felony he left the premises with the victim's jewelry stuffed in his convictions and an eighth-grade education. He has been pocket. The defendant has been convicted of two similar convicted of a misdemeanor which appears to be related felonies. He is an unemployed 30-year-old male. Jud,clal Prison senlence in years Judicial Prison sentence In years D1SlfICt District 01 Judge probahon o 1 2 3 4 , 6 7 B 9 10 11 12 13 " 15 16 01 Judge ProballOn o 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 lst ,",0. 1st 110 lst 110 1st No 1st lio 1st No 1st No 1st ti~ 2nd flo 2nd No 2nd 110 2nd lID 2nd No 2nd ti~ 2nd No 2nd No 2nd I/o 2nd 110 2nd tlo 2nd No 2nd 110 2nd 110 2nd Ho 2nd No 2nd 110 2nd 110 2nd flo 2nd «0 2nd tio 2nd 1/0 Jrd fto Jrd 110 4th lio 4th Net 4th 110 4th liD 4th Undecided 4th 110 4t)1 Undecided 4th No 4th Yes·W/C.C. 4th riD 4th tlo 4th 110 Sth {Hr. to Ct. 5th No 5ttJ Yes 5th 110 6th No 6th No 6th 110- 6th No 7th No 7th 110 7th No 7th No 8th UQ 6th ti~ 8th Undecided 8th 110 8th 110 8th No 9th No 8th 110 9th Ito 9th 110 10th I/o 9th Ifo 10th No 10t.h 110 10th tio 10th ti~ 10th No 10th No 10th Undectded 10lh 110 11th 110 10th 110 11th tlo 11th No 11th liD 11th No 12th "0 Utlt No 13th 110" 12th Ho 13th No 1Jth No 13th Ho 13th No 14th No 13th '10 14th No 14th. No 15th No 14th 110 15th Yes" 15th No 11th Yes 15th 110 l1th Un4ec:tded 17th No 17th 11o 17th 110 17th 110 17th No 10th 110 17th 110 tath flo IBth No 18th /10 18th 110 18th 110 10th No 18th No 19th No lBth 110 18th flo l8th Yes 18th 110 19th I/o lStb Uo· 19th I/o 19th I/o 20th 110 19th I/o 20th 'tes 20th 110 20th liD 20th No 2ht Yes"· 20th I/o 21st Ho Zlst. No 21st No 21st No 22nd No 21st I/o 220d I/o .)10 sentence length provfde6 ...Hlth dru!1 reh4bfHtatton progralQ \Hth work release And drug rehAbil {tatton progrilm ·}IO Scntertce len9th provided Source: Division of Criminal Justice, Judicial Sentencing, Survey, 1985 Report on Crime and Justice In Colorado and Denver 1985 67 In what type of facilities are prisoners held? Confined offenders are housed programs by the courts for diver in three types of facilities sion services and 769 offenders 145 law suits were filed • Jails are operated by were provided transitional ser against 24 jails between the counties in Colorado to hold vices prior to release from prison. 1979 and 1983 persons awaiting trial or those • Prisons are operated by the Conditions Included Number sentenced to confinement. Of state to hold persons sentenced In suit of suits fenders sentenced to jail are Medical 80 under state laws. The Colorado Food 51 usually convicted of minor of Department of Corrections oper Crowding 51 fenses and traffic violations and ates 15 correctional facilities, Law library 50 serve sentences from several ranging from maximum security Exercise 49 days up to a year. Several of the Space 48 to community centers. Total Mail 33 small counties contract with sur capacity of these facilities is Ventilation 23 rounding counties for jail ser 3,255. New admissions to the Lighting 19 vices. Many cities also operate Department of Corrections in Classification 17 jails to temporarily hold people Telephone 16 1984 were 2,343. Staffing 14 who are arrested until they are Mental health 11 released or transported to the Education/Rehab. 11 county jail. There are 54 fully Many jails in Colorado are Note: more than one condition was Included operational county jails and 48 In most suits inadequate Source; DCJ Survey of Sheriffs, 1983 temporary holding facilities in the state. In FY 1981/82, approx 'Year built Number imately 120,500 were admitted to Before 1909 5 county jails, with an average daily 1910-1929 7 Jails house diverse populations population of almost 3,000. 1930-1949 7 1950-1969 22 A 1982 study of Colorado jails • Community-based facilities 1970-Present 18 showed that 77% of the prisoners are operated publicly or privately Condition Percent were pretrial detainees; 13% (under contract) to hold persons Crowded 41 were sentenced; and 10% were in the community and to provide inadequate separation of other holds, such as mental opportunities to the offenders for inmates 50 health holds and holds for other work, to attend school and to Do not have exercise area 50 jurisdictions. Colorado jails hold a obtain other community services. Do not have staff on much lower proportion of con A judge may sentence an of duty 24 hours per day 33 victed prisoners than the national Do not have smoke or average of 43 percent. fender convicted of a nonviolent fire alarms 41 misdemeanor or felony to a Inadequate air circulation 2(3 State prisoners are being held residential or nonresidential Do not provide complete community corrections program. separation of adults and in county jails because of over A person charged with a non juveniles 54 crowded conditions in state prisons violent offense and granted a Source: Division of Criminal Jusllce (DCJ), deferred prosecution or sentence Colorado Jails, 1982 On April 30, 1985, 172 state may be required to participate in prisoners were in county jails a community corrections program awaiting transport to the Depart as a condition thereof. Offenders ment of Corrections. The Depart being released from prison may Two out of every three jails ment of Corrections implemented also spend time in such a pro have a capacity of 25 or fewer the reservation system for ac gram to facilitate their transition prisoners cepting new prisoners in the back into the community. Many of the jails are very small. summer of 1982. A community corrections board One-third of the fully operational Beginning July 1, 1985, the appointed by the local unit of jails have a capacity of 1 0 or Department of Corrections is government advises the program fewer prisoners. It is often very required by law to pay counties and has the authority to accept difficult to provide adequate ser $16 per day for holding state or reject the placement of any vices, staff and separation of prisoners. Before this date, coun offender. As of June 1984, there prisoners (male/female, adult! ties were not reimbursed by the were community corrections juvenile, etc.) in these small state for holding prisoners await boards in 19 of the 22 judicial facilities. Only seven jails have ing transport to a state prison districts. In FY 1983-84, 1,500 capacities in excess of 100 facility. offenders werre sentenced to persons. residential and 400 to non residential community corrections 68 Report on Crime and Justice in Colorado and Denver 1985 How many people are in prison? Colorado's incarceration rate Rates of incarceration vary from 52 to 380 inmates per 100,000 is below the national average population Incarceration rates per 100,000 Average daily Inmates per Average length population in 1984 varied from a population 100,000 population of stay (months) high of 380 in Nevada to a low United States 417,142 188 25.6 of 52 in Minnesota. The incar- Northeast ceration rate in Colorado was New England 104 compared to a national Maine 1,032 72 23.4 average of 188. Thirty-eight New Hampshire 440 57 16.0 Vermont 550 74 N/A states had an incarceration rate Massachusetts 4,611 84 21.6 higher than Colorado and 11 Rhode Island 1,145 92 16.2 states had a lower rate. Connecticut 5,136 119 N/A Middle Atlantic Different parts of the county New York 29,992 187 27.7 New Jersey 8,789 138 N/A have very different incarceration Pennsylvania 11,208 109 26.2 rates Midwest The southern states have the East North Central highest incarceration rates while Ohio 17,372 174 N/A Indiana 9,030 165 23.0 the New England states have the illinois 14,230 149 14.0 lowest. Since minorities are over Michigan 14,506 161 36.0 represented in prison populations, Wisconsin 4,667 105 N/A states with large minority pop- West North Central Minnesota 2,303 52 22.3 ulations tend to have higher Iowa 2,825 97 23.0 incarceration rates. Missouri 7,797 175 31.8 North Dakota 400 54 18.0 The average length of stay in South Dakota 824 127 17.0 Colorado prisons is just under Nebraska 1,700 95 25.0 Kansas 3,160 173 16.1 the national average South The average length of stay in South Atlantic Colorado prisons is just over two Delaware 1,826 263 N/A years. This is approximately 1 V2 Maryland 11,563 285 26.0 months less than the national Virginia 9,355 185 32.5 West Virginia 1,601 82 N/A average of 25.6 months. North Carolina 16,470 246 15.0 South Carolina 9,622 284 22.0 Almost a third of the total Georgia 15,139 254 N/A Florida 27,025 242 22.4 commitments to prison are East South Central sentenced in Denver Kentucky 4,131 128 N/A Tennessee 8,038 154 23.0 Denver is the largest judicial dis- Alabama 6,858 256 26.0 trict and sentences the greatest Mississippi 4,592 229 28.0 number of offenders to prison. West South Central Denver also has the highest rate Arkansas 3,909 188 N/A Louisiana 9,858 310 98.4 of commitments per 100,000 Oklahoma 6,738 236 14.1 population in the state. In FY Texas 36,845 226 28.0 1982-83, the rate of commitment West for Denver was 111 compared to Mountain a state average of 86 commit- Montana 798 121 20.3 ments per 100,000 population. Idaho 1,099 127 33.7 The next highest rate after Den- Wyoming 651 143 23.5 Colorado 3,251 104 24.2 ver was 72 in the 21 st judicial New Mexico 1,820 133 N/A district (Grand Junction). The Arizona 6,326 247 22.1 lowest rate was 22 in Boulder. Utah 1,310 84 21.5 Denver is the only judicial district Nevada 2,963 380 N/A Pacific in which all of the population Washington 6,633 156 23.5 resides in an urban area where ore~on 3,427 170 26.6 crime rates are higher. Cali ornia 35,850 162 26.1 Alaska 1,356 252 N/A Hawaii 1,471 124 41.2 Federal 29,718 12 15.9 Sources: Bureau of Justice Statistics, Bulletin. Prisoners In 1984 Criminal Justice Institute, Inc., Tho Corrections Yearbook, 1984 Report on Crime and Jusllce In Colorado and Denver 1965 69 At least 19% of the offenders in Admission to prison are from several sources Colorado prisons are low risk Type of Admission - 1984 Male Female Total offenders New court commitments 1,778 95 1,873 Parole violators with new sentences 66 2 68 When two different risk assess Other conditional release violators with new sentences 7 7 ment scales were applied to a Parole violators with no new sentence 179 11 190 sample of the 1984 Colorado Other conditional release violators, no new sentences 18 1 19 prison population, at least 19% Transfers from other jurisdictions 5 5 were scored as low risk on both Escapee relurns 157 14 171 the scales. The two scales used Returns from appeal/bond 8 8 were the Michigan Assaultive Other admissions 2 2 Risk Scale and the Rand Cor Total admissions 2,220 123 2,343 poration's Selective Incapacita tion Scale. This 19% of the Source: Department of Corrections (DOC), Summary of Sentenced Population Movement, 1984 population is likely to be of low risk to the public. Most releases from prison are conditional releases with parole Some prison inmates will be supervision held in less restrictive facilities Type of release 1984 Male Female Total Prison inmates are given a Unconditional custody classification based Expirations of sentence 70 3 73 on their need for supervision and program involvement. The Conditional custody classification is intended Probation 75 5 80 to prevent both violence within Parole 1,841 89 1,930 correctional institutions and Death escapes from them, and to permit IIlnesis/ilalural causes 2 2 the rational allocation of staff, Suicides 1 1 housing space and program Death caused by another person 2 2 resources. Other The Department of Corrections Escapes 178 15 193 implemented a new custody Transfers to other jurisdictions 10 10 classification system during the Releases to appeal/bond 13 1 14 spring and summer of 1985. Other releases 45 6 51 Under the new classification sys tem, more inmates are expected Total 2,237 119 2,356 to be given lower custody class- Source: DOC, Summary of Population Movement, 1984 " ifications based on an assess ment of risk. The new classification system is More than half of the inmates • 58% were first arrested at age a modification of the National in prison are sentenced for 17 or younger and 49% were Institute of Corrections (NIC) committing a violent offense arrested for a felony as a juvenile classification model. Applying the • 49% have been convicted of a NIC model to a sample of inmate A profile of Colorado's prisoners violation of the penal code during population (November 1984) in 1984 shows that: their current incarceration. would reduce security levels o 51 % are in prison for a violent even further. offense (homicide, rape, robbery, kidnapping, assault or arson) Proposed NIC • 66% have prior felony con Security Level 1984 1985 Model victions Maximum/close 43% 34% 20% • 24% have prior violent felony Medium 26 38 22 convictions Minimum 24 27 58 Community 7 10 Source: A Profile of Colorado's Prisons: Custody Needs and Public Risk. Colorado Prison Overcrowding Projoct, 1983 and 1985. 70 Report on Crime and Justice In Colorado and Denver 1985 Prison sentences for most inmates are much longer than the actual time they will serve Most prison~rs serve about instead of an automatic release eligible for parole. The parole half of their sentence because after he has served his sentence board will decide whether or not of time off for good behavior less deductions for good and to release the offender and, if Each person sentenced for a earned time, the inmate is now (eleased, the length of parole. crime committed on or after July 1, 1979, who is sentenced under the determinate sentencing law Most offenders sentenced to prison are given a determinate is eligible to receive good-time sentence deductions from their sentence. Average One day of good time is earned Sentence Class Crime Number In Years for each day of time served if the 2 Total Class 2 60 13.5 offender's conduct indicates that Second-degree murder 34 13.8 he has substantially observed all First-degree sexual assault 10 14.2 the rules and regulations of the All remaining Class 2 16 12.8 institution or facility in which he has been confined and has 3 Total Class 3 339 6.4 Controlled substance 41 4.9 faithfully performed the duties First-degree sexual assault 25 8.8 assigned to him. First-degree assault 27 8.0 The inmate may be eligible for a Aggravated robbery 106 6.7 deduction of an additional one Second-degree burglary of dwelling 88 5.6 month of earned time for every Theft 18 6.7 All remaining Class 3 34 6.1 six months served if substantial progress is made in work and 4 Total Class 4 742 3.4 training programs, group living, Fraud by check 12 2.9 counseling and programs estab Manslaughter 27 3.9 lished by the diagnostic center. Sexual assault on child 40 3.9 Second-degree sexual assault 18 3.5 Offenders sentenced to prison Second-degree burglary 157 3.5 are also given credit for time Theft 156 3.1 spent in local jails awaiting trial Robbery 66 3.7 and sentencing. Criminal mischief 13 2.7 Second-degree assault 63 3.2 Second-degree forgery 64 3.2 The law related to how often Controlled substance 29 3.0 good time and earned time will Aggravated motor vehicle theft 24 3.0 vest has changed several times Vehicular homicide 12 3.4 since the law originally passed Attempt to commit Class 3 13 4.6 in 1979 Conspiracy to commit Class 3 11 5.1 All remaining Class 4 37 3.7 Once time is vested, it cannot be taken away for misconduct. The 5 Total Class 5 562 2.0 changes have given the Depart Theft 12 1.9 ment of Corrections more flex First-degree criminal tresspassing 97 2.0 ibility to withhold good or earned Menacing 40 2.0 Driving after judgement 11 1.4 time. For an inmate sentenced Criminal attempt 11 1.9 for a crime committed on or after Controlled SUbstance 29 1.5 July 1, 1985, good time and Crimina! impersonation 10 2.2 earned time no longer vest. Attempt to commit Class 4 or 5 253 2.0 Conspiracy to commit Class 4 or 5 56 2.1 A new sentencing law will All remaining Class 5 43 1.8 make the length of time served Indeterminate sentences (Class 1, habitual, sex less definite offenders, misdemeanors, etc.) 95 N/A A new sentencing law which Total Court Admissions, FY 1982-83 1,798 became effective on July 1, 1985, returns mon9 authority for release of prisoners to the parole Source: Department of Corrections, Annual Statistical Report, FY 1982-83 board. Under the new law, inmates will still be eligible for good time and earned time. But Report on Crime and Justice in Colorado and Denver 1985 71 Sentencing in Denver Most convictions in Denver are Denver district court has a higher rate of commitment to prison the result of an offender than any other district in Colorado pleading guilty ~ate per In 93% of the cases that result in Judicial 1983 100,000 a conviction in Denver, the Districts Counties Population Population defendant pled guilty. Only 7% of 1 st Gilpin, Jefferson 411,096 53 the convictions are the result of 2nd Denver 500,078 111 a jury trial. 3rd Huerfano, Las Animas 21,665 0 4th EI Paso, Teller 341,551 62 Case processing time is longer if 5th Clear Creek, Eagle, Lake, Summit 45,404 57 the defendant pleads innocent 6th Archuleta, La Plata, San Juan 36,135 44 and the average time from the 7th Delta, Gunnison, Hinsdale, Montrose, date of the offense to disposition Ouray, San Juan 66,279 32 is longer. 8th Jackson, Larimer 162,533 41 9th Garfield, Pitkin, Rio Blanco 50,831 57 Average time to 10th Pueblo 123,920 46 Plea Disposition 11th Chaffee, Custer, Fremont, Park 50,906 61 Guilty 127 days 12th Alamosa, Conejos, Costilla, Mineral, Innocent, not convicted 210 days Rio Grande, Saguache 39,094 59 13th Kit Carson, Logan, Morgan, Phillips Most convictions for UCR Sedgewick, Washington, Yuma 74,413 39 Index crimes in Denver in 1983 14th Grand, Moffat, Routt 39,841 38 resulted in a probation sentence 15th Baca, Cheyenne, Kiowa, Prowers 22,868 39 16th Bent, Crowley, Otero 30,515 46 Sentence type Corrections 17th Adams 263,769 51 Probation (Including 18th Arapahoe, Douglas, Elbert, Lincoln 380,582 40 community corrections) 58% 19th Weld 129,519 29 Jail 20th Boulder 209,708 22 Prison 41 21 st Mesa 98,058 72 22nd Dolores, Montezuma 19,929 60 Approximately 5% of the State 3,118,719 86 sentences in 1983 in Denver Sources: Colorado Division of Local Government, Population Dala: Estimated 1982 for UCR Index Crimes included Colorado Judicial Department, Sentencing Trends, 1982-1984 a sentencing enhancement If a specific finding is made that The average prison sentence for rape in Denver in 1983 the defendant is a violent offen was longer than for robbery or aggravated assault der or a habitual offender, the judge must sentence him to prison and give him a sentence 11.8 which exceeds the maximum in the sentencing range or a life sentence. Approximately 5% of the UCR Index Crimes in Denver resulted in an enhanced-sentence term of 10.4 years compared to 5.7 years in cases without the enhancement. Source: Denver Department of Safely 72 Report on Crime and Justice In Colorado and Denver 1965 What are the trends in correctional populations? The number of persons in prison was 412,000 Thousand prisoners The total population ()f state in 1982, an aJltime high and federal prisons increased 400 by an average of more than 17,000 per year between 1977 and 1983 Total Total Net Admisslona Releases Gains 300 1977 163,203 147,895 15,308 1978 162,574 154,484 8,090 Vietnam War 1979 17~753 16~132 6,621 decline 1980 182,617 169,826 12,791 1981 212,264 174,955 37,309 200 1982 227,934 211,885 16,049 1983 240,411 217,348 23,063 Average annual gain = 17,033 The recent increases in prison 100 population, while striking, are not unprecedented From 1927 to 1931, for example, court admissions and conditional release violators, two groups that ~~----~~--~------~----~L~»------~o1930 1940 1950 1960 1970 1980 account for most prison admis sions, exceeded conditional and SOurce: Prlsonors in Slale and Fodoral Insl/tvl/ons on December 31, 1982. unconditional releases by an average of more than 14,000 The incarceration rate for the entire U.S. Inmates per 100,000 inmates per year. By contrast, an population was at an alltime high, U.S. population average annual net loss of more than 10,000 inmates per year occurred between 1940 and 1944. Part of the fluctuation in ad missions to prison is explained ,; by the fluctuation in the high :- 50 risk population Males age 20-29 are in the pop ulation group most likely to be ~--~----~~------~----~--~--~--~----~\ 0 sentenced to prison. Prison pop 1940 1930 1950 1960 1970 1980 ulations increase and decrease as this high risk group fluctuates. but the rate for young adult males-while Between 1930 and 1981, the increasing-had not reached the peak of the 1960's number of prison admissions received from the courts grew by Inmates per 100,000 males age 20-29 143%. During the same period, the number of males age 20-29 2,000 in the general population increased by 105%. Thus, much of the change in the number of prison admissions received from courts is probably due to the growth in the number of males in the 1,000 prison-prone age group. Nationally, the at-risk population is expected to begin to decline through the year 2000. In Colora do, it is beginning to level off and ~----~------~------~----~> 0 wil! remain relatively level through 1930 1940 1950 1960 1970 1980 the year 2000. • Base excludes SOurces: Prisonors In Slalo and Foderal/nsl/lUl/ons on December 31, 1982 soldiers overseaB. Population esUmates from the U.S. Bureau of the Census Report on Crime and Justice In Colorado and Denver 1985 73 The public's attitude toward Commitments to prison in Colorado are related most closely to criminals influences sentencing filings for offenses against persons than to total felony filings laws and practices The National Crime Survey shows 170001 that crime rates have remained relatively stable over the past 10 years and have shown a de crease in the most recent years. However, new, tougher sentencing 16000 laws have been passed in most states in recent years in re 1\ sponse to the public's demand that something be done about 15000 crime. Most states have passed laws that require mandatory sen tences for certain offenders. Good-time provisions for prisoners have been restricted in many 14000 states and longer sentences are permitted. A new sentencing law in 13000 Colorado may double the prison population Several provisions of the new law which became effective July 1, 12000 1985, will affect the prison pop ulation. The provisicns that will have the greatest impact on the prisons are: 11000 Felony Filings • The bill doubles the maximum sentences for felonies • Automatic good-time deduc tions are eliminated, leaving early 10000 release of inmates to the discre tion of the parole board after half of an inmate's sentence has been served • A life sentence is changed 9000 from 20 to 40 years without the possibility of parole, The estimated impact of the law is more than 3,000 new prison 3000 beds by 1995 and an additional 500 by 2026. These new beds would add seven new 500-bed facilities to the corrections 2000 system at an estimated cost of almost $250 million. These estimates are taken from the fis cal note prepared by the office of State Planning and Budget. 1000 Commitments to DOC OL-______~------_=~------~------_=~ 71- 74- 77- 80- 83- Sources; Department of Corrections, Annual Statistical Reports, FY 1971-72 to 1983-84 Colorado Judiciary, Annual Reports, 1971-72 to 1983-84 74 Report on Crime and Justice in Colorado and Denver 1985 Postcorrectional performance is difficult to assess Some indicator of a return to Most offenders released from Offenders who recidivate are criminal activity is typically prison successfully complete likely to commit a similar type used to evaluate postcor their term of parole of offense rectional performance Terminations FY 1982-83 Percent Offenders convicted of a violent Rearrest, reindictment, reconvic Successful 80% crime who recidivate are likely to tion and reimprisonment measured Technical violations 11 recidivate with another violent New crimel> 8 over some period of time after Source: Department of Corrections, Annual crime. And those convicted of a release from prison are generally Statlstical Report, FY 1982·83 non-violent offense who are used to gauge the extent of suc rearrested are likely to be re cess and failure (recidivism) Most offenders sentenced to arrested for another non-violent associated with correctional pro community corrections and to offense. grams. prison have had prior arrest records Recidivating Offense /'It Conviction The unit of time selected and the Offense Violent Nonviolent level of criminal justice system Approximately 83% of the of Violent 63% 13% Non-violent 37 87 penetration (that is, more per fenders sentenced to community Source: DCJ Prison V5. Community Corrections, A sons are likely to be rearrested corrections had been arrested Look at Recidivism than reimprisoned) will substan prior to the cun-ent offense and tially affect judgments about the 85% of those sentenced to Offenders convicted of more proportion failing or succeeding prison had prior arrest records. serious violent crimes (higher after a correctional experience. felony class) are more likely to Offenders with a more extensive recidivate than those convicted Conditionally released offenders criminal history are more likely to of less serious vielent crimes such as those on probation, recidivate regardless of the sen parole or in community correc tencing alternative Variation in felony class does not tions, are subjected to supervi affect recidivism rates for non sion requirements that, if Violated, Offenders sentenced to pro violent offenders. may result in a sentence or bation are less likely to be return to prison for non-criminal rearrested than those with Offenders convicted of robbery conduct (such as curfew violations similar backgrounds sentenced and burglary are more likely to or failure to report to a parole or to community corrections or be rearrested for a subsequent probation officer). prison offense than those convicted of assault, theft, criminal mischief or More than three-fourths of the Offenders were grouped by type drug offenses offenders terminated from of offense (violent, non-Violent), probation in FY 1983-84 felony class and prior criminal After age 30, many repeat of successfully completed the history. A comparison of similar fenders begin to drop out of program offenders sentenced to different crime alternatives showed that those Terminations FY 1983·84 Percent The decline in the number of Successful 77% sentenced to prison were most likely to be rearrested. admissions after age 30, and Revocations 9 the increase in the proportion of Escape 10 persons serving their first Olher 5 Rate of Recidivism Sl'urce: Judicial Department Violent Nonviolent confinement sentence after Altematlve Conviction Conviction age 40, indicates that substantial Less than 4% of those Prison 54% 53% dropping-out from imprisonable Community criminal activity is occurring sentenced to community corrections 44 37 corrections programs (diver among repeat offenders as they Probation 23 23 enter middle age (age 40 or sion) are terminated for Source: Division of Criminal Justice, (DCJ) Prison 'Is. Community Corrections, A Look older). committing a new crime while at Recidivism in the program Terminations FY 1983-84 Percent Successful 68 House rule or technical violation 17 New crime 4 Escape 11 Source: Judicial Department Report on Crime and JUstice in Colorado and Denver 1985 75 Basic Sources Prisoners in state and federal institu Annual report, Colorado Judiciary FY tions (annual), Bureau of Justice 1971-72 to Fy 1983-84 Statistics, NCJ-18472, 34707, 39194, 43310, 52701, 64671, 73719, 80520, Annual statistical report, Colorado 86485 (Washington: U.S. Department Department of corrections, FY 1971- of Justice,May 1985; June 1976; 72 to FY 1981-82 February 1977; FebruB_ry 1978; Feb ruary 1979; May 1980; February BJS bulletins (Washington: U.S. 1981; March 1 ~82). Department of Justice): Prisoners in 1981, May 1982, Public opinion survey, Colorado Divi NCJ-82262. sion of Criminal Justice, 1982 and Prisoners 1925-81, December 1982, 1984. NCJ-85861 Prisoners in 1982, April 1983, Report to fhe nation on crime and NCJ-87933. justice, Bureau of Justice StatistIcs, Prisoners in 1984, April 1985 1983. PrIsons and prisoners, January 191:1-:> Sourcebook of criminallustice statis NCJ-83647. tics 1981, Bureau of Justice Statis Probation and parole 1981, Augul,t tics, U.S. Department of Justice, 1982, NCJ-83647. NCJ-78672 (Washington: USGPO, Census of jails and survey of jail 1982). inmates, 1978, National Criminal State and local probation and parole Justice Information and Statistics systems, National Criminal Justice Service, NCJ-55172 (Washington: Information and Statistics Service, U.S. Department of Justice, NCJ-41335 (Wash!ngton: U.S. Depart February 1979) ment of Justice, ,February 1978). Children in custody: Advance reports Summary of sentenced population on the 1979 census of private and movement, Colorado Department of public juvenile facilities, Office of Corrections, -1984. Juvenile Justice and Delinquency Prevention, NCJ-76215, 75319 Survey of Colorado sheriffs, Colorado (Washington: U.S. Department of Division ;)f Criminal Justice, 1983. Justice, October 1980). Wilson, James Q., Thinking about Colorado jails, Colorado Division of crime (New York: Basic Books, Inc., Criminal Justice, 1980. 1975). Corrections yearbook, Criminal Justice Institu;~, Inc., 1984. Historical statistics of the United States: Colonial times to 1979 (volumes I and II), Bureau of the Census, U.S. Department of Commerce (Washington: USGPO, 1975). Hogarth, John, Sentencing as a human process (Toronto: University of Toronto Press, 1971). Judicial and executive discretion in the sentencing process: Analysis of filling State code provisions, Criminal Courts Technical Assistance Project (Washington: American University, January 1982). JUdicial Sentencing Survey, Colorado Division of Criminal Justice, 1985. Prison vs Community Corrections, A Look at Recidivism, Colorado Division of Criminal Justice, 1983. 76 Report on Crime and Justice in Colorado and Denver 1985 Chapter V The youthful offender This chapter profiles the youthful offender and the juvenile justice system with data that address such questions as: What is the role of youth in crime? How are juveniles handled dif ferently than cases involving adults? How are serious and repeat juvenile offenders handled? Under what circumstances may juveniles be tried in criminal courts? How many juveniles are under correctional supervision? In what kinds of facilities are they held? Report on Crime and Justice in Colorado and Denver 1985 77 What is the role of youth in crime? Children can enter the juvenile justice system at age 10 in Large increases in the under-10 age group may indicate future Colorado increases in juvenile crime Juveniles comprise approximately % Juvenile 27% of Colorado's population. Total Population The O-to-9 year-old age group is Under10 10-17* Juvenile to Total expected to increase approx years old years old Population Population imately 20% between 1980 and 1980 429,588 379,151 808,739 28.0% 1986. This will affect the size of 1981 447,828 381,736 829,564 27.8 the "at-risk" or high crime-prone 1982 455,007 390,983 845,990 27.7 population (ages 10 to 17) which may have a future impact on 1983 468,523 389,172 857,695 27.5 juvenile crime and support 1984 483,038 388,153 871,191 27.3 systems. 1985 498,196 388,157 886,353 27.1 1986 (Est.) 513,647 389,380 903,027 27.0 More than 38% of the arrests Percent for UCR Index Crimes in Colo Increase 19.5% 2.7% 11.7% rado in 1984 were of persons under the age of 18 'Age-at-risk population subject to juvenile justice process Juveniles accounted for less than Source: Colorado Division of Local Government. Demography Section 18% of total arrests in Colorado in 1984, but more than 38% of the arrests for index crimes. to their involvement in the types However, during the 1973-80 of crimes for which apprehension period, there was some decrease Property crimes :;;)re more is more likely, for example, purse in the tendency of young criminals typical of youths than of older snatching vs. fraud. Moreover, to operate in groups. offenders since youths often commit crime in groups, the resolution of a Juveniles may be arrested for conduct that would not ::'e In Colorado, 39% of the juveniles single crime may lead to several considered criminal if arrested in 1984 were picked up arrests. for property crimes, compared to committed by an adult only 13% of the adult arrests. Gang memf)ership is a major difference between juvenile Such conduct, termed status Juvenile Adult and adult criminals offenses, includes violation of curfews, running away from home, arrests arrests A major difference between Total Index 42% 16% truancy, possession of alcoholic Violent 3 3 juvenile and adult offenders is beverages and incorrigibility. Property 39 13 the impQ'1ance of gang member Approximately 1/5 of all juvenile ship and the tendency of youth Forgery/fraud 1 2 arrests in Colorado from 1976 to to engage in group criminal 1984 were for status offenses. Vandalism 5 2 activity. DUI 1 18 Arrest is not the only means of Liquor Jaws £5 6 A recent national survey of law referring juveniles to Traffic 14 33 enforcement officers found that, juvenile courts Disorderly conduct 4 8 while the problem is dispropor Other assaults 4 6 tionately large in the largest While adults may begin criminal Curfew/loitering 5 * justice processing only through Runaways 12 * cities, gangs are also found in Ali other 6 9 cities of less than one-half million arrest, summons, or citation, population. Gang members are juveniles may be referred to *Are not crimes for adults more likely than other young court by parents, schools, or Source: Colorado Bureau of Investigation. Crime criminals to engage in violent other sources. In Colorado. 1984 crime, particularly robbery, rape, assault and weapons violations. Arrests, however, are only a NCS data show tr~f oersonal general indicator of criminal activity. The greater IikemlOod of crimes of violenc·' b~ . 'ultiple arrests for young people may be offenders rather thdrl u'f lone offenders are more likely to due partly to their lack of involve juvenile offenders. exoerience in offending and also 78 ReJ:Qrt on Crime and Justice in Colorado and Denver 1985 Juvenile arrests for UCR Index The rate of arrest of juveniles has decreased but the rate of Crimes have decreased slightly violent crime arrest has increased while adult arrests increased 540/0 Rate per 100,000 at-risk youth population % change Arrests of juveniles decreased Offenses 1980 1981 1982 1983 1984 1980-1984 just over 2% from 1976 to 1984; 266 250 242 281 285 +7% adult arrests increased 54% over Violent Crimes* the same period. Juvenile arrests Property Crimes 4,354 4,091 3,858 4,187 4,165 -4 for violent offenses increased 2% Larceny/theft 3,044 2,826 2,750 3,120 3,182 while arrests for property crimes Nor;.-Larc/theft 1,310 1,265 1,108 1,067 983 decreased 3%. Arrests of adults Total Part 1 4,620 4,341 4,100 4,468 4,450 -4 for violent offenses increased 57% and 53% for property crimes. ·Includes murder, forcible rape, robbery, aggravated assault Source: CBI, Crime In Colorado, 1980·1984 Arrests of juveniles increased in 1983 and 1984 Violent juvenile offenders and • Are typically disadvantaged Arrests adult felons have very similar economically 20.000 characteristics • Are likely to exhibit interper sonal difficulties and behavioral Several comprehensive studies, problems both in school and on 18.000 including Hamperian's profile of the job violent juvenile offenders in an • Often come from one-parent urban Ohio county, have revealed 16,000 families or families with a high a striking resemblance between degree of conflict, instability, and Property crimes the serious juvenile offender and inadequate supervision. the adult felon. The findings of 14,000 these studies suggest that, while There is conflicting evidence the subclass of chronic violent on escalation of seriousness 12,000 juvenile offenders is small, there There is conflicting evidence on is a strong probability of progres whether juveniles tend to pro sion from serious juvenile to gress from less to more serious 10,000 serious adult criminal careers. offenses. Much evidence sug Serious juvenile offenders, like gests that violent adult offenders adult felons: began their careers with violent 6,000 • Are predominantly male; 89% juvenile crimes; thus, they began of the juveniles arrested for as, and remained, serious offen violent index crimes in Colorado ders. However, minor offenses of 6,000 in 1984 were male . youths are often dealt with infor • Are disproportionately black mally and may not be recorded in and Hispanic as compared to crirne statistics. 4,000 their proportion of the population Juvenile Juvenile Population Violent 2,000 Race/Ethnlclty Age 10-17 Arrests Vlole"t .crimes White 70% 53% oL-~~~ __~~ __L-~~ 1976 1978 19BO 1962 1984 Black 4 14 Hispanic 16 32 Source: Colorado Bureau of Invesligatlon tCBI), Crime In Colorado, 1976'84· Other 9 2 Report on Crime and Justice in Colorado and Denver 1985 79 Cases involving juveniles are handled much differently than cases involving adults Intake is the first step in the parents, guardian or custodian rather than punishment and that processing of juveniles are counseled and provided the court was to protect the child from the stigma of criminal At intake, decisions are made guidance to promote rehabilita proceedings. Delinquency and about whether to hold the tion. An informal adjustment may other situations such as neglect juvenile in custody. The Colorado extend up to 6 months. judicial Rules of Procedure and adoption were deemed to No child shall be handled by warrant the court's intervention require the chief judge of each informal adjustment if the child on the child's behalf. The juve judicial district to appoint an has had a sustained petition for intake person or screener from nile court also handled "status delinquency or was handled by offenses" (such as truancy, run county social services, the informal adjustment for a delin ning away and incorrigibility), Department of Institutions or the quent act in the preceding 12 which are not applicable to judiciary. The screener decides if months. adults. the juvenile should be held in a secure or insecure placement. For a case involving a juvenile Several months prior to the to proceed to court adjudica establishment of the Illinois A child taken into custdody tion, the district attorney must juvenile court, Judge Ben Lindsey must be given a detention file a petition with the court of Denver was instrumental in hearing within 48 hours " ' developing laws providing for a The petition must set forth the When a child is taken into cus special court for children who facts which bring the child within misbehaved in school. Judge tody, the officer shall notify a the court's jurisdiction. parent, guardian or legal custo Lindsey then extended the law to include any school-age children, dian. The child shall then be Juvenile courts are very who came into contact with his released to the care of his different from criminal courts parents or other responsible court, thus leading to the claim adult unless his immediate The language used in juvenile that the first juvenile court was welfare or the protection of the courts is less harsh. For example, established in Denver. community requires that he be juvenile courts: District courts in all of the 22 detained. • Accept "petitions" of "delin judicial districts, except Denver, quency" rather than criminal have original jurisdiction in most A preliminary investigation may complaints juvenile cases. The City and be ordered to determine • Conduct "hearings," not trials County of Denver has the only whether further action should • "Adjudicate" juveniles to be separate juvenile court in the be taken "delinquent" rather than find state" The district attorney or the court them guilty of a crime may request that a preliminary • Order one of a number of Juveniles are protected by most investigation be completed by available "dispositions" rather of the due process safeguards than sentences. associated with adult criminal the probation department, county trials department of social services, or Many juveniles are referred to any other agency designated by juvenile courts by law enforce • The juvenile has a right to the court. ment officers, but many others counsel at all hearings. Public Based on preliminary investiga are referred by school officials, defenders are appointed in tion, the court may: social service agencies, neighbors indigency cases • Decide that no further action is and even parents, for behavior or • A guardian ad litem may also required conditions that are determined to be appointed to act in the best require intervention by the formal interest of the child. A guardian • Authorize a petition to be filed system for social control. ad litem must be appointed in • Make an informal adjustment. status offense and child abuse An informal adjustment may be Ths juvenile court and a cases made by the court to promote separate process for handling .. The state must prove its case rehabilitation juveniles resulted from reform beyond a reasonable doubt movements of the late 19th • Juveniles have the right to The child must admit the facts of century appeal juvenile court decisions the offense, except that such • Colorado is one of only 12 admission shall not be used in Until that time, juveniles who states that provides for jury trials evidence if a petition is filed. committed crimes were pro for juveniles. The jury can have Written consent must be given by cessed through the adult criminal up to 6 members. the parents, guardian, or otner courts. In 1899, Illinois estab legal custodian and the child, if lished the first juvenile court of sufficiont age and understand based on the concepts that a ing. During the period of informal juvenile was a salvagable human adjustment, the child and his being who needed treatment 80 Report on Crime and Justice in Colorado and Denver 1985 Colorado has three statutory committed prior to his 18th Children may be diverted out classifications for children in birthday, he may be sentenced to of the juvenile justice system the juvenile system the county jail for up to 180 days prior to adjudication • The court may impose a fine • A delinquent child is any child up to $300 Juvenile diversion programs pro vide community-based alter 10 years of age or older who • If adjudicated on a weapons violates a federal or state law, or charge, the court may require 10 natives to the formal court court order days of useful public service system. Juveniles eligible for services are those who have • A child in need of oversight • The court may place the child (CHINO) is any child whose out of the home in a non-secure been taken into custody more behavior endangers his own or facility than once for crimes which would have constituted a mis others' welfare • The child may be required to • A dependent/neglected child is pay for any damage done to per demeanor or a felony if commit a child: sons c,r property ted by an adult. Most of the programs receive a part or all of a) who has been abandoned, • The child may be placed under mistreated or abused probation supervision. their funding from the Division of b) who lacks proper parental Youth Services. care c) whose environment is injurious to his welfare d) who has run away from home e) who is beyond the control of his parents. Colorado has 4 sentencing enhancements for serious Almost 6,000 delinquency delinquents cases were filed in Description of Offender Disposition FY 1983-84 Aggravated juvenile offendQr Is a child 12 Court may commit child to Departmel'lt of Type of petitions Filings years of age or older adjudicated or whose Institutions for a determinate period of 5 Delinquency 5,971 probation is revoked for first- or second years. Child may be transferred to Depart CHINO 1 degree murder or a child 16 years of age or ment of Corrections if he reaches 18 years older adjudicated for a crime of violence of age and is no longer benefiting from pro' Dependency/Neglect 3,072 and who was previously adjudicated in a grams In the juvenile institution. After 3 Source: Colorado Judiciary AnnUal Report felony years, the Department of Institutions may Statlsilcal Appendix, FY 1983·84 petition the court to release the child sub ject to parole supervision The delinquency filings do not include informal adjustment cases Mandatory sentence offender is a child The court shall place or commit the handled by the probation depart who has been adjudicated a delinquent offender out of the home for not less than 1 child twice or who has been adjudicated a year. If the person is 18 years of age or ment. The dependency/neglect delinquent and had probation revoked for a older at the date of disposition, he may be petitions include child abuse, subsequent crime of violence sentenced to the county jail for up to 1 runaways and incorrigible cases. year The cour,~( (~an choose from Violent juvenile offender is a child 13 The court shall place or commit the child several diu~ositional options years of age or older when the act was out of the home for not less than 1 year. If for delinquent children committed who Is adiudicated for a crime of the child is less than 15 years of age, the violence ccurt may find that an alternative disposi The court may make any of the tion or a commitment of less than a year following dispositions or com out of the home is appropriate bination of dispositions: Repeat Juvenile offender is a child pre' The court shall place or commit the child • The child may be committed to viously adjudicated a delinquent child, who out of th9 home for not less than a year, the Department of Institutions Is adjudicated a delinquent or whose pro but may release the child early upon a • If the child is 18 years of age bation is revoked for an offense that would showing of exemplary behavior or older on the date of the dis constitute a felony If committed by an adult positional hearing and is adjudi Source: Colorado Revised Statutes cated a delinquent for an act Report on Crime and JUStice In Colorado and Denver 1985 81 Under certain circumstances, juveniles may be tried in criminal courts Age at which criminal courts gain jurisdiction of young Colorado has two mechanisms offenders ranges from 16 to 18 years old to transfer juveniles to adult Age of offender when under criminal court Jurisdiction court 16 17 18 When a petition filed in juvenile Connecticut Georgia Alabama Kansas Oklahoma court alleges a child 14 years of New York Illinois Alaska Kentucky Oregon age or older to be a delinquent North Carolina Louisiana Arizona Maine Pennsylvania child by virtue of having commit Vermont Massach usetts Arkansas Maryland Rhode Island ted an act that would be a felony Michigan California Minnesota South Dakota if committed by an adult, and the Missouri Colorado Mississippi Tennessee court finds it would be contrary South Carolina Delaware Montana Utah to the best interest of the child Texas District of Nebraska Virginia or of the public to retain jurisdic Columbia Nevada Washington tion, the court may hold a Florida New Hampshire West Virginia Hawaii New Jersey Wisconsin transfer hearing and transfer Idaho New Mexico Wyoming jurisdiction in the case to district Indiana North Dakota Federal court. Iowa Ohio districts Certain cases may be filed Source: Youth In adult courts, Hamperlan, et ai, 1982 directly in district court by the district attorney: All states allow juveniles to be court jurisdiction certain offen • The child is 14 years of age or tried as adults in criminal ses, usually either very minor, older and is alleged to have com courts such as traffic or fishing viola mitted a crime of violence which tions, or very serious, such as is a Class 1 felony Juveniles are referred to criminal murder or rape. courts in one of three ways: • The child is 16 years of age or older and is alleged to have com • Judicial waiver-the juvenile Thirteen states authorize mitted a Class 2 or 3 felony or court waives its jurisdiction and prosecvt-;;'~{ to file cases in nonclassified felony punishable transfers the case to criminal either tr ~ ';~Jvenile or criminal by a maximum punishment of life court (the procedure is also courts at their discretion imprisonment or death. The child known as "binding over" or "cer This procedure, known as con must also have been adjudicated tifying" juvenile cases to criminal a delinquent within the previous courts) current jurisdiction, may be limited to certain offenses or to two years for a Class 1, 2 or 3 • Concurrent jurisdiction-the felony prosecutor has the discretion of juveniles of a certain age. Eight of the 13 states provide con • The child is alleged to have filing charges for certain offenses committed a felony subsequent in either juvenile or criminal current jurisdiction options in the trial of youth for serious crimes. to being transferred to adult courts court on a previous offense. • Excluded offenses-the legis lature excludes from juvenile Juveniles tried as adults have a very high conviction rate, but 46 States, the District of Columbia, and the Federal most receive sentences of pro Government have judicial waiver provisions bation or fines Youngest age at Which Juvenile may be transferred to criminal court by Judicial waiver National research shows that No more than 90% of the judicial specific waiver or concurrent jurisdiction ~a~ge~ ______~1~O __~ ___ ~1~3 _____ ~14~ ______~1~5 ______~1~6 ______cases in Hamparian's study Alaska South bakota Georgia Alabama District of California resulted in guilty verdicts, and ArIzona illinois Colorado Columbia HaWaII more than half the convictions Florida Mississippi Connecticut Idaho Kansas led to fines or probation. Maine Delaware Louisiana Kentucky However, juveniles convicted New Hampshire Indiana Maryland Montana Oklahoma Iowa Michigan Nevada under excluded-offense laws South Carolina Massachusetts New Mexico North Dakota were more likely to be institu Washington Minnesota Ohio Oregon tionalized. Among the juveniles West Virginia Missouri Tennessee Rhode Island sentenced to incarceration, about Wyoming New Jersey Texas Wisconsin 14% received sentences that Federal North Carolina VJrginla could have lasted, under the districts Pennsylvania most severe circumstances, 10 or Utah Nato: Many Judicial waiver statutes also specify specific oUennes that oro walvable. This chart /lsts the Stotes more years. However, those by the youngest age for which Judlclol waiver may be sol'ghl without rogard to ollonso. incarcerated generally received Source: youth In adult courts, Hamperlan, et 01. 1982, longer sentences. 82 Report OIl Crime and Justice In Colorado and Denver 1985 How many juveniles are under correctional supervision? Juvenile offenders are housed Colorado's juvenile incarceration rate is in many kinds of facilities 'One of the highest in the country The range of facilities and programs-the housing of delin 1974 1979 1982 II II I qUents, status offenders, volun Rate Per Rate Per Rate Per tary admissions and dependent 100,000 100,000 100,000 and neglected children in the Rank State Juveniles Rank State Juveniles Rank State Juveniles same facilities-coupled with the 1 District of 5487 1 Nevada 5685 1 Nevada 6322 Columbia 2 California 4393 2 District of participation of both the public 2 California 5415 Columbia 4207 and private sectors clearly dis 3 Washington 3420 3 Nevada 4948 4 District of 3 Washington 4172 tinguishes juvenile corrections 4 Utah 4382 Coiumbia 3384 4 California 3608 from adult correctinns. 5 Washington 4085 5 Arizona 2826 5 Utah 3011 6 Florida 3331 6 Colorado 2572 6 New Mexico 2755 2,066 juveniles were held in 7 Colorado 7 Utah 2525 7 Florida 2721 adult jails in Colorado in 1984 3145 8 Arizona 3026 8 Florida 2480 8 Colorado 2426 Thirty-nine county and 5 muni 9 Georgia 2607 9 Oregon 2116 9 Oregon 2224 cipal jails held juveniles in 1984. 10 New Mexico 2366 10 - Tennessee 2100 10 Arizona 2134 Most juveniles held in local jails Source: U.S. Bureau of Census, Children In Custody Series are held for short periods of time until they are released to parents, to social services or transported Most juveniles booked into Most juveniles admitted to jail to a detention center. Almost ~ocal jails are males are released to. family or 41 % were released within 6 Sex Percent transported to a detention hours and 71% were released center within 24 hours. Four percent of Male 81% Female the youths were held more than 19 Released to Percent 5 days. Family 29% Hispanics are over represented Detention center 25 and blacks are under repre Social services 13 Juveniles are held in jail who sented in the juvenile jail Bonded 9 have not committed a crime population Other law enforcement agency 4 Immigration 3 Some juveniles are placed in jail Race/ethnlclty Percent for status offenses or because Institutions 2 Anglo 67% Self 1 they are dependent or neglected. Black 2 Other 14 Status offenses are acts such as Hispanic 30 running away and curfew viola Other 1 Source: DCJ, Jail Database, 1984 tions that would not be a crime if committed by an adult. In 1984, Because most blacks in Colo Colorado law requires that 14% of the juveniles admitted to rado live in the urban areas juveniles be held separate Colorado jails were status or which have detention centers, from adults in jail non-offenders. few are booked into local jails. In 1983, juveniles were held in 44 adult jails. Twenty-six of these jails could not provide adequate sight and sound separations of The number of juveniles held in Colorado's jails juveniles from adults. has decreased 66% over the past 5 years Number of juveniles held In county jails Percent decrease Offense Type 1980 1981 1982 1983 1984 1980-1984 Delinquent 2,960 2,459 1,736 1,029 993 66% Status/non-offender 1,296 754 525 246 286 78 Others 1,142 1,476 1,273 950 755 34 Municipal 602 44 8 1 2 99 Unknown 111 2 3 12 31 74 Total 6,117 4,735 3,545 2,238 2,066 66% Note: Other category includes sentences, Illegal entry, traffic, parole, probation violations, awaiting transport or placement. etc. Source: Division of Criminal Justice (DCJ), Jail Database, 1980-1984 Report on Crime and Justice in Colorado and Denver 1985 83 In FY 1983-84, 7,298 juveniles Detention centers are state were admitted to detention operated Who is committed to the Department of Insitutions centers The Colorado Division of Youth Offense Percent Services operates 6 detention Sex Delinquent 29% centers located in Denver, Adams, Male 93% CHINO 1 Jefferson, EI Paso, Pueblo and Female 7 Dependent/neglect 2 Mesa Counties. Detention cen Runaway 9 ters serve primarily pread Ethnicity Court order 34 Anglo 50 Courtesy hold judicated youth, but as of 1981 6 Black 16 Fish and game * may also accept juveniles serving Traffic 4 short sentences. In FY 1983- Hispanic 31 Municipal 2 1984, 11.5% of the admissions Other 2 Interrupted 12 to detention centers were sen Age at commitment 'Less than 0.5 % tenced. The average length of stay :n the detention center was 12 * Note: Interrupted admissions include weekend 13 3 sentences and returns for court appearance 8.3 days. 14 8 Source: Division of Youth Services (DYS), Detention Center Database The detention centers are 15 18 crowded 16 28 17 34 Most of the juveniles admitted In FY 1983-1984, four of the five to detention centers are male 18 8 Front Range detention centers 20 * Almost 81 % of the juveniles were had an average daily population male and 19% were female. which exceeded the maximum Type of commitment capacity. Non-mandatory 70 Black and Hispanic youth are Average Mandatory repeat 26 over represented in detention Detention dally Mandatory violent 3 center admissions center Capacity population Federal * Adams 24 22.5 Race/ethnicity Percent Gilliam (Denver) 76 80.0 Anglo 49% Number of commitments Jeffco 26 26.3 Black 16 1~ 85 Pueblo 25 28.9 Hispanic 33 2nd 13 Zeb Pike Other 3 (EI Paso Co.) 24 21.4 3rd 2 Source: DYS Management Reference Manual, 4th * FY 1983·84 Total 175 184.1 'Less than 0:5% Source: DYS Management Reference Manual FY 1983'84 Source: DYS Management Reference Most of the youth in detention Manual, FY 1983·84 centers are 15-17 years old 474 juveniles were committed Age Percent to correctional institutions in 11 years and under 1% FY 1983-84 12 years 2 The institutions were also 13 years 6 crowded in FY 1983-84 14 years 13 The Department of Institutions, Division of Youth Services, The five correctional facifities have 15 years 22 a maximum capacity of 354 youth. 16 years 26 operates 5 institutions for the 17 years 28 long-term care and custody of In FY 1983-84, the average daily 18 years and older 3 adjudicated delinquents population was 380.8, or 7% over maximum capacity. Source: DYS Management Reference Manual, Commitments to the Division of FY 1983·84 youth Services have increased The Department of Social 16% in the last 5 years. Services offers a wide range of Commitments have increased nonsecure services to pre from 408 in FY 1979-80 to 474 delinquent and minor offe .... ders in FY 1983-84. The average daily These services include sheiter population has increased 11 % care, crisis intervention, counsel during the same period, from 394 ing, foster care and group homes. to 437 juveniles per day. Some of these programs are operated by county departments of social services. Others are operated by private agencies, many under contract with Social Services. 84 Report on Crime and Justice in Colorado and Denver 1985 Basic sources Annual report, statistical appendix, Colorado Judiciary. FY 1983-84. Children in Custody Series, United States Bureau of the Census. Crime in Colorado, Colorado Bureau of Investigation, 1980-1984. Detention center database. Colorado Division of Criminal Justice. Hamperian. D.• R. Schuster, S. Dinitz, and J. Conrad, The violent few. (Lexington, Mass.: Lexington Books, 197,8). Hamparian, Donna M., Linda K. Estep. Susan M. Muntean, Ramon R. Pres tino, Robert G. SWisher, Paul L. Wallace. and Joseph L. White, Youth in adult courts: between two worlds (Columbus. Ohio: The Academy for Contemporary Problems, 1982). Juveniles in jail database, Colorado Division of Criminal Justice. Management reference manual, Colorado Division of Youth Services. FY 1983-84. Violent juvenile crime, hearing before the subcommittee on Juvenile Justice of the Committee on the Judiciary, U.S. Senate, July 9, 1981 (Washing ton: USGPO, 1981). Weiss, J.G., and J. Sederstrom, The prevention of serious delinquency: what to do? National Institute of Juvenile Justice and Delinquency, U.S. Department of Justice (Washing ton: USGPO, 1981). Report on Crime and Justice In Colorado lind DenVer 1985 85 Chapter VI The cost of justice This chapter reports the costs of the criminal justice system and the relationship of justice spend ing to other government outlays. The data from this chapter answer such questions as: What portion of total government spending goes for criminal justice? What level of government spends the most for criminal justice? For police protection? For prosecu tion, legal services and public defense? For the court system? For corrections? What do justice dollars buy? How much does it cost to bring an offender to justice? To keep a person in prison or on probation? How much does it cost to build a prison? A jail? How much does each state spend per capita for its justice system? What is the relationship between a state's per capita spending for justice and its crime rate? Its tax base? Its tax revenues? Its degree of urbanization? What percent 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? Preceding' page blank,' Report on Crime and Justice in Colorado and Denver 1965 87 How much does government spend on criminal justice? Approximately 3% of all government spending is for The types of expenditures at each level of government criminal and civil justice vary greatly Of this amount, approximately County Municipal half is for police protection; one Fooeral Stale fourth for corrections. The balance is for all other justice services, such as courts, prosecution and public defense. SOCIAL INSURANCE Criminal justice is primarily a TRUST PAYMENTS function of state and local PUBLIC WELFARE governments-a responsibility 27.9% reserved to them by the constitu EDUCATION tion. In examining how much is spent to maintain criminal justice 31.8% 55.50/0 systems throughout the nation, it is useful to compare those expenses with all government ", expenses. •••• :', Federal - In 1982-83, the federal PUBLIC WORKS government spent more than CRIMINAL., 60% of its direct expenditures for , '.' ~UST/CE >- 20.4% social insurance payments and NATIONAL )e,3qb'j national defense. Social insur DEFENSE . '; _':'J,. ance trust payments include l" ..' -it" ',;/, i? social security, unemployment I , ! compensation, workman's com I I pensation, public employees 29.1% j retirement, old age, survivors, dis ability and health insurance and GENERAL GENERAL veterans' life insurance. Only GOVERNMENT GOVERNMENT 0.4% of the federal budget is 20.3% spent for criminal justice. 17.6% PUBliC WELFARE State - More than half of the ENVIRONMENT 12.0% state of Colorado budget is allo AND HOUSING cated to education. Approx imately 6.8% of the budget is 10.00/0 allocated to criminal justice HEALTH PUBLIC WORKS CULTURE AND PUBLIC WELFARE activities. 3.1% 8.5% RECREATION 15.3% County - County government POSTAL 3.00/0 15.2% spends one-fifth of its budget on EDUCATION 1.6% TRANSPORTAT/ONI criminal justice functions. Public HIGHWAYS welfare receives the gr'!3atest CRI~INAL JUtTiCE 7.8% CULTURE AND 0.4% RECREATION share of county funds. 6.1% CrlIMINAl: OTHER PUBLIC , JUSTiCE SAFETY Municipal - Criminal justice is OTHER PUBLIC the number-one expenditure of , 6.8~ SAFETY 5.4% ~ 13.00/0 municipal governments. Almost ALL OTHER one-fourth of city budgets were 20.8% HEALTH ALL OTHER 4.9% spent on criminal justice, primar 9.4% HEALTH 1.5% ily for police protection in 1983. OTHER 3.5% OTHER 4.8% Sources: U.S. Bureau of the Census, Government Finances in 1982-1983 State Appropriations Bill. FY 1983-84 Colorado Division of Local Governmen~ 1983 Local Government Financial Compendium 88 Report on Crime and Justice in Colorado and Denver 1985 Patterns of justice spending highlight the different responsibilities of each level of government State and local governments vices in the unincorporated areas The Colorado Bureau of Inves pay 87% of all government of their counties arid maintaining tigation (CBI) provides assistance costs for criminal and civil the county jail. to local law enforcement in the justice When fixing salaries for county investigation and detection of 1982 justice sheriffs, the state legislature crime and enforcement of laws. Level of expenditure The CBI may provide assistance government (billions) Percent gives consideration to county variations, including population, to local law enforcement only if Local $21.0 58% the number of persons residing requested by a sheriff, chief of State 11.6 32 police, district attorney or other Federal 3.3 9 in unincorporated areas, assessed Total $35.4 100% valuation, motor vehicle regis chief law enforcement officer. "Does not add to total due to rounding trations, building permits, military The CBI also provides crime lab installations and to other factors services, maintains criminal Municipal governments pay the which may affect the workload records, compiles and distributes highest proportion of total and responsibilities of county a list of missing children, inves criminal justice costs in officers and tax resources of the tigates matters related to the Colorado counties. Salaries for FY 1984-85 Reciprocal Enforcement of ranged from $18,000 to $36,000. Approximately 37% of total Support Act and investigates criminal justice expenditures in Salaries for sheriffs' deputies are suspected criminal activity when set by the sheriffs with approval Colorado are incurred by munici directed to do so by the gover palities. 32% of the expendi from the county commissioners. nor. The CBI also operates an tures were incurred by county Organized Crime Strike Force to State dollars for police government and 31% by state investigate organized crime protection are used to enforce government. throughout the state. motor vehicle laws and to provide assistance to local law Cities and towns spend most District attorneys' salaries are enforcement of their justice dollars for paid from state and county police protection The Colorado State Patrol enfor funds About 66% of the public safety ces and aids in enforcing all Starting January 8, 1985, the dis state laws related to motor and funds expended by municipalities trict attorney in every judicial dis all other vehicles using the trict receives an annual salary of in Colorado are used for police highways. departments and marshal's offices. not less than $47,500. The state Police protection accounts for The state also provides assis pays 80% of the salary. The 25% of total municipal expen tance to local law enforcement balance is paid by the counties ditures in Colorado, but in small agencies through the Colorado in the judicial district in the pro towns and cities a majority of the Law Enforcement Training portion each county's case load budget may be spent on police Academy and the Colorado bears to the whole case load of protection. Bureau of Investigation. The the district. The expenses for training academy provides basic stafT and operating costs for the district attorney's offices are Salaries for county sheriffs are and inservice training for local set by state statute and are law enforcement officers and borne by the counties in the district. paid with county funds sets standards for training reqUirements. The duties of the sheriffs include The attorney general prosecutes providing law enforcement ser- and defends all actions in which the state is a party State, county and municipal governments in Colorado all expend The attorney general is the approximately an equal share for criminal justice activities but executive director of the Depart pay for different fUnctions ment of Law. He appears for the State County Municipalities state and prosecutes and defends Police protection 8% 36% 56% all actions and proceedings, civil Judicial 81 10 9 and criminal, in which the state is Prosecution 27 73 a party or is interested. Public defense 100 A special prosecutions unit is Correctio!,s 81 19 funded in the Department of Law Total 31 32 37 to provide legal services and Notes: The City and County of Denver expenditures are Included In county figures advice to the Colorado Organized city jaIls and lockups are Included In police protection. Crime Strike Force. Counl, and municipal figures are based on 1983 eXpenditures. State figures are pased on FY 1983-84 appropriations Sources: State Appropriations Bill, FY 1983-84 Division of Local Government, 1983 Local Government Financial Compendium Report on Crime and Justice In Colorado and Denver 1985 89 ------.~.------ Most criminal justice dollars are spent on police protection Total State County Municipalities Total $562,026,009 100% $173,480,377 100% $179,235,178 100% $209,310,454 100% Police protection $362,381,486 64 $ 27,182,673 16 $132,469,964 74 $202,728,849 97% l JUdicial 76,681,634 14 62,543,632 36 7,556,397 4 6,581,605 3 Prosecution 31,063,022 6 8,429,298 5 22,633,724 13 Public defense 6,866,441 1 6,866,441 4 Corrections 85,033,426 15 68,458,333 39 16,575,093 9 Notes: The City and County of Denver expenditures are included in county figures. City jails and lockups are included In police protection. Sources: State Appropriations Bill FY 1983·84 Division of Local Government, 1983 Local Government Financial Compendium In 197'0, the State of Colorado trator enters into a leasing tion, safekeeping and confine assumed responsibility for agreement with the county. ment of persons lawfully court funding committed. The jail is operated The state assumed full responsi Corrections receives the by the sheriff. Some of the bility for funding all courts of hi9hest proportion of state counties with small populations record except Denver County criminal justice dollars which exceed 2,000 people meet the requirements by con Court and municipal courts. In FY 1984-85, Colorado state Because Denver is both a city government spent 38% of its tracting for jail services with a and county, the county court criminal justice dollars on correc larger, neighboring county. functions as a municipal, as well tions. Approximately three-fourths Most community corrections as, a county court and is paid for was allocated to the Department entirely by Denver taxes. programs in Colorado are of Corrections for adult correc operated by local government In 1970, the state also assumed tions and one-fourth to the Divi or private agencies under responsibility for adult and juve sion of Youth Services for contract with the state nile probation. A statewide public juvenile corrections. defender system was created by The Judicial Department con The Department of Corrections tracts with local community statute and became funded by operates six major facilities for corrections programs for residen the state at the same time. men, one women's facility, seven tial and nonresidential community camps and community centers corrections services. The clients Courthouses are maintained by and contracts with private agen referred to these programs are the counties, but additional cies for community corrections facilities or improvements are facilities. As of May 1985, the people the courts would other wise sentence to prison, and are paid for by the state department had a total capacity called diversion clients. Each year the state court admin of 3,255 inmates. The depart istrator prepares an annual capi ment is also responsible for The Department of Corrections tal construction plan and budget parole services. All clients under also contracts with local pro and submits it to the legislature. the department's supervision grams for services. The clients The plan specifies the additional have been convicted of a crime. referred by the Department of Corrections are transitional courthouse facilities required for The Division of Youth Services in each court, the estimated cost of clients. These people were sen the Department of Institutions tooced to the department and such additional structures, operates six detention centers, whether the facility will include are now being placed in the com with a total capacity of 175, pro munity prior to release to assist space for other nonjudicial gov viding services to youUI held ernmental functions and a them in adjusting to life in the prior to trial and those serving community. The department also detailed report on the court short sentences. The institutions facilities currently in use and operates several community cor which have a capacity of 354 rections transitional programs. the reasons for their inadequacy. hold youth sentenced for more The chief justice is authorized to serious crimes. approve paym~nt of state funds for construction of judicial Counties are required by statute facilities and improvements as to maintain a county jail authorized and approved by the EaclJ county in the state with a legislature. If part of the facility population of 2,000 or more is will be used for nonjudicial pur required to maintain a jail at the poses, the state court adminis- county's expense for the deten- 90 Report on Crime and Justice in Colorado and Denver 1985 Approximately fou .... fifths of state and local justice dollars Salaries for law enforcement officers are the lowest in the system go for payroll Law Enforcement Officers Salary Range Average Salary Criminal and civil justice is a • Cities under 3,000 population highly "personnel-intensive" activ Chief $12,000-35,208* $20,760 ity. Many services provided by Serg'eant 1 2,120-31,464 17,232 the justice system, such as Officer 10,800-26,580 15,972 police and correctional services, must be provided 24 hours per • Cities over 3,000 population Chief 20,364-62,124* 38,260 day, seven days per week. Lieutenant 15,996-45,156 36,547 The cost of maintaining one Sergeant 13,740-38,520 32,191 police officer position in Denver Officer 9,000-31,848 26,386 was more than $140,000 in Sheriff 18,000-36,500* 24,597 1983 To keep one officer on the street Colorado State Patrol 24 hours per day, seven days per Chief $58,464 Lieutenant 32,556-43,632 43,356 week requires slightly more than Sergeant 28,128-37,692 36,504 five people. With the cost of Officer 22,044-32,556 28,242 administraticn, training, vehicles and technical support. the annual Colorado Bureau of Investigation Agent $24,972-38,724 N/A cost of keeping one officer on the street in Denver in 1983 was Prosecutors $142,840. District Attorney $47,500 State Attorney General 40,000 The average cost of respond State Assistant Attorney General $25,140-50,604 N/A ing to a call for police service Defender varies by the type of call State Public Defender $51,150 Type of call for service Average cost Deputy Public Defenders $24,972-47,064 N/A Check of private premises $ 8.86 Judicial Personnel Suspicious vehicle 10.11 Supreme Court Justice Alarm 11.00 $63,000 Appeals Court Judge 58,500 Family disturbance 21.54 District Court Judge Vandalism complaint 23.54 54,000 County Court Judge 47,000 Suspicious person 25.54 State Court Administrator Larceny complaint 32.61 58,500 District Court Administrator $27,528-49,416 Recovery of stolen vehicle 37.71 N/A Chief Probation Officer 26,784-48,108 Traffic accident 39.95 N/A Probation Officer (Entry Level) 19,056-25,512 Robbery complaint 63.19 N/A Forgery complaint 71.34 Correctional Personnel Source: Denver Anti'Crime Council, Analysis of Director of Corrections $63,600 1983 Patrol Division Costs Correctional Superintendent $39,576-55,680 54,357 State Correctional Supervisor 29,532-39,576 38,688 State Correctional Officer 20,004-26,784 22,548 Parole Officer 20,004-34,188 31,984 Director Division of Youth Services 58,464 Youth Services Counselor 22,044-41,556 33,824 Youth Services Worker 17,280-25,512 22,194 'Salary range of Incumbents Source: Colorado Revised Statutes Colordo Municipal League, Executive Compensalion 1984 Colorado Municipal League, CML Benchmark Employee Compensation 1985 Colorado Municipal League, Salari6s and Fringe Benefits 1984 State Appropriations Bill, FY 1984-85 Department of Personnel, Class by Agency by Step Report, March 1985 Recorl on Crime and Justice In Colorado and Denver 1985 91 Approximately 2% of total tax The average cost to the courts Many new jails are being built dollars collected in Colorado in per case in 1983 was $80 in Colorado 1983 went to the courts The average cpst in district court In 1984, 14 counties were in the The Colorado Judicial Depart is 4 to 5 times higher than to process of building or planning ment's budget in FY 1983-84 was process a case in county court. for a new jail facility. Another five $69,264,764 Thi~ is due primarily to the types counties were expanding and Judicial function Expenditures of cases heard in each court. eight were remodeling current Rural courts incur a higher cost facilities. Trial courts 58% per 'case than urban courts. Probation 17 Public defender 11 Average cost Jail construction is very Community corrections 6 Type of court per case expensive Administration 4 Distirct-urban $175.97 Jail facilities are very expensive Supreme Court 3 District-rural 216.22 Court of Appeals 3 to build because of the wide County-urban 33.59 variety of people who enter a jail. Source: Colorado Judiciary, Annual Report, County-rural 42.72 FY 1983-84 Average for all courts 80.32 The facility must provide for the separation of adults from juveniles Source: Colorado Judiciary and males from females. Many jails also provide for separation of various security classifications of inmates and/or the separation In FY 1983-84 Colorado Courts coilected more than $15 million of pretrial from sentenced offend in victims restitution, fees, fines, taxes and services ers. The cost of the new facilities Restitution $ 3,329,409 being built in Colorado range from approximately $750,000 to Accrued revenue to the General Fund over $31 million. Costs per bed Tax-civil cases $ 183,640 range from $29,000 for a 25 bed Tax-vital statistics 31,193 facility to $90,000 for a 200 bed Copywork, certifications,. etc. 349,797 facility. The per bed cost may include the cost of space for the W~ter case filings 164,853 Civil docket feas 4,746,698 sheriff's department administra Probate fees 225,010 tive offices, kitchen and laundry Water case mailings 7,932 facilities, recreational programs Criminal fees, court costs, bond forfeits 1,346,290 and inmat~ services. Probation fees 424,249 Partial attorney fee paid by indigent 250,780 Felony, misdemeanor fines 887,726 Fish and game fines (50%) 55,393 Miscellaneous fees and fines 121,240 Unclaimed funds 105,107 Bad debt expense -293,601 Collection service fees -64,106 Total $ 8,770,245 Accrued revenue to Highway Users Fund Traffic fines and forfeits $ 2,014,443 DUI 1,173,803 Bad debt expense -94,399 Collection service fees -39,748 Total $ 3,054,099 Accrued to Game, Fish and Parks Fund Fish and game fines (50%) $ 55,393 Collection service fees -581 Bad debt expense -12,423 Total $ 52,388 TOTAL $15,206,141 Source: Colorado Judiciary, Annual Report, FY 1983-84 92 Report on Crime and JUstice in Colorado and Denver 1985 Imprisonment is the most health counseling may be paid years. The cost of parole super expensive sentencing option by other agencies. vision in Colorado was $518 per In 1983, the cost of holding an year per parolee in 1983. Supervising offenders in the inmate in prison for a year varied community is significantly less from $36,493 in Alaska to $6,951 The cost of constructing new costly than incarceration or in Texas. The average cost per prisons is high residential programs inmate was $16,245. The cost to In 1983,33 new state prisons hold an inmate in Colorado in Probation is the most frequently were opened in 17 states, and 1983 of $15,380 was less than used sentencing option. It is also one was added to the federal the national average. one of the least costly. In 1983, system. The average cost per the average cost per year per bed was $34,394 and $12.4 It is less costly to treat probationer in Colorado was million per prison. Another 144 offenders in community $702. The average case load per facilities or additions were under corrections facilities than probation officer in 1983 was 99 construction to add 58,299 more in prisons clients. beds and 53,321 were in the Community corrections programs Intensive probation which allows planning stages. under contract to the State Judi the probation officer to more Higher security level prisons are cial Department or Department of closely supervise the client is more expensive to construct than Corrections are reimbursed at a being tried on a trial basis in those with lower security rate of $27.00 per day or $9,855 several jurisdictions as an alter requirements. per year. Clients who are em native to sending the offender to ployed are required to contribute prison. The recommended case Security Cost per bed up to $7 per day to the program. load for intemsive supervision is type Range Average These rates reflect increases 25, at an estimated cost of Maximum $22,000-102,000 $60,707 which became effective July 1, $2,808. Medium 13,000-85,000 51,334 1985. Offenders work or attend Minimum 4,990-46,000 22,821 school while in the program and Offenders needing more structure than is provided by participate in counseling, job or social skills training, drug and probation can be placed in a non-residential community alcohol treatment, etc. during off corrections program. Generally, hours. Offenders who work in the community can provide financial the offender reports to the support to their families and pay program several times per week or daily for job training, counsel restitution to their victims. The cost of community corrections ing, etc. The state reinburses may be underestimated because these programs at a rate of $11.50 per client per day. services such as education, vocational training, drug and Most offenders leaving prison are alcohol treatment and mental placed on parole for up to 5 Security level, type of housing and location of the facility affect the cost of incarcerating an inmate Average operating Average Daily cost per inmate Security Level Population per year per day Centennial Correctional Facility Maximum 325 $19,431 $53 Colorado Women's Correctional Facility All 97 19,270 53 Territorial/Reception Center Medium/Maximum 421 18,047 49 Fremont Correction;;ll Facility Close 427 16,188 44 Shadow Mountain Correctional Facility Close 393 13,262 36 Buena Vista Correctional Facility Close 618 12,848 35 Colorado Correctional Facility Camp 96 11,634 32 Delta Correctional Facility Camp 106 11,502 32 Rifle Correctional Facility Camp 101 11,097 30 Skyline Correctional Facility Minimum 140 9,054 25 Total average cost 14,816 41 Note: Cost figures Include direct cost only. Indirect costs can add substantially to the cost of Incarceration. Source: Colorado Prison Overcrowding Project, The Costs of Incarceration, September 1983 Report on Crime and Justice in Colorado and Denver 1985 93 What factors are related to per capita spending? State and local governments The Mideast and Far West regions lead the Nation in justice spent an average of $101 per costs per capita. capita for justice sf"rvices in 1979 Per capita justice costs vary by state from less than $60 to as much as $275. In 1979, state and local governments in Arkan sas, Maine, Mississippi, and West Virginia spent less than $60 per capita for justice services; Alaska spent $275; New York, $175; and Nevada, $150. Regional variation is also evident. Per capita spending for justice was: • $159 in the Mideast region • $145 in the Far West • $91 in the Great Lakes region • $89 in the Southwest • $88 in the Rocky Mountain region ID $84 in New England State and local per capita expenditure • $74 in the Plains States for justice activities • $73 in the Southeast. How much a state spends per capita for justice depends on many factors Sources: Justice expenditure and employment in the U.S. 1979, lable 6. Preliminary Intercensal estimates of • Some states may need to the population of States: 1970 to 1980, U.S. Bureau 01 Ihe Census. spend more on justice activities States with high rime rates tend to have high because they have a more 7 serious crime problem than others. expenditures for criminal and civil justice • The citizens of some states may express greater concern Per capita spending about crime than those in other lor criminal and ~Ivil juslice states and convince their elect $180 ed officials to assign higher 1 • New York priority to funding criminal jus tice than to other government $160 . activities such as education or • Nevada transportation. $140 • Some states are "richer" than • California others, having a larger tax base Delaware from which to fund government $120 New Jersey. •• • Arizona activities. • Wyoming 8 • • • • • Florida • The citizens of some states $100 may be more willing than those • • Colorado ••• • Washlnglon in other states to tax themselves Pennsylvania • •• $80 . • • to fund governmental programs Kentucky. • ••• • '\II in general. South Dakota • ••••• '"'..• (I Texas $60 . North Dakota. "Soulh Carolina M aI ne. "Indiana West Virginia. • • Arkansas $40+-----r----,----~----_.----,_----~--~~--~----~ o 1,000 2,000 3,000 4,000 5,000 6,000 7,000 B,OOO 9,000 UCR Index crime rate per 100,000 population Nole: Alaksa, with a per capita expenditure 01 $275 and a crime rale 01 6,265, Is nol displayed. Sources: Justice expenditure and employment In the U.S., 1979, table 6, Preliminary Intercensal estimates of the poputal/on 01 States: 1970 10 1980 (Washington: USGPO, 1982). CrIme In the United States, 1979, lable 3. 94 Report on Crime and Justice In Colorado and Denver 1985 How do the States rank on the factors that influence justice spending? Priority Relative Percent in Per capita for justice taxable Relative tax metropolitan spending2 Crime Rate3 spending4 wealthS effort6 areas7 State Dollars Rank Rate Rank Percent Rank Index Rank Index Rank Percent Rank U.S. total 101 5412 7.0 100 100 74.8 Alabama 65 44 4134 40 5.5 38 76 49 86 36 62.0 29 Alaska 275 1 6265 9 5.9 27 217 1 129 3 43.2 38 Per capita spendln9 Arizona 124 5 7295 2 8.8 3 91 37 115 9 75.0 19 High: Alaksa-$275 Arkansas 48 50 3479 44 4.5 47 77 47 81 44 39.1 41 Low; Arkansas-$48 California 132 4 7289 3 8.3 5 116 5 95 24 94.9 1 Colorado 98 16 6861 6 6.7 13 110 8 96 21 80.9 13 Crime rate Connecticut 93 21 5808 15 6.6 18 108 13 102 15 88.3 6 High; Nevada-8,104 Delaware 121 7 6341 8 7.9 6 109 10 95 24 67.0 22 Low; West Virginia-2,252 Florida 104 15 7192 4 8.6 4 100 25 78 46 87.9 7 Georgia 76 32 5143 23 6.1 24 81 45 96 21 60.0 30 Priority for justice spending Hawaii 108 14 6981 5 6.0 26 103 20 128 4 79.1 17 High: Nevada-9.3% Idaho 73 37 4114 41 5.9 30 91 37 91 28 18.3 48 Illinois 109 12 5082 25 7.8 7 112 7 99 17 81.0 12 Low: North Dakota-3.8 A state's justice spending per ... taxable wealth. A state's .•• degree of urbanization. It capita is related to its: relative wealth affects how much has long been known that urban it can spend for justice activities. and suburban areas have higher .•. crim~ rate. The amount of money a state spends per capita Poorer states may not be able to crime rates than rural areas. to control and investigate crime spend as much as they would States with a high proportion of and to prosecute and punish like for some jt..stice programs. their population living in such metropolitan areas spend more offenders is related to the ..• tax burden. Another factor amount of crime reported to the that is related to how much a per capita for justice activities police. States that have a low state spends per capita on jus than their more rural counterparts. crime rate tend to have low per tice is how willing the citizens capita expenditures. States that and their elected officials are to have a high crime rate tend to tax themselves to fund govern have high per capita expenditures. ment programs in general. Report on Crime and Justice in Colorado and Denver 1985 95 What are the trends in justice spending? Governments adjust their 10.0% per year, hospitals and .. $208 for welfare spending patterns in response health care, 5.2% and education .. $147 for highways to the changing needs of 2.9%; highway spending de .. 142 for hospitals and health society and shifts in the creased at an average annual care public's demand for services rate of 1%. • $59 for police protection Total state and local spending • $28 for corrections Education's share of all state and .. $741 for all other functions local government spending grew reached $1,911 per capita in such as sanitation, parks, recrea 1980. This included: from 25% in 1902 to about 40% tion, housing and fire protection. in the 1960's as the post-World .. $586 for education War II babies moved through the public school system. But, by During this century, the police and corrections shares 1980, education's share had of state and local spending have not fluctuated dropped to a 20-year low of 33%. as radically as the shares for some other government functions The impact of the Great Depres sion and resulting social insurance rr~ programs can be seen on spend ing for public welfare.s In 1927, 2% of all state and local govern #j7~.$pp/ '"35 Education hi ment spending was for welfare. r', \ Five years later, it had nearly Percent of total /' "', ~\ I!~J tripled; it peaked at 13% in 1950. general governmental ".f' ~ I 30 expenditures ~::; ,-:=,!/ During the 1950's and 1960's, it .-:;:tr!'P leveled off at 8-9% of govern ~~ ment spending; these were years 25 ,,~ 25 of relatively strong economic growth and low unemployment. Highways By the 1970's, welfare began 20 20 consuming a larger share of state and local spending as the econ \ omy worsened and increasing 15 Public welfare 15 numbers of older Americans became eligible for Medicaid benefits. 10 "". 10 Dramatic changes such as these Health and .P~_= ~~:=~ are not seen in the spending for =~sPitals ~ ,..,.P'~=V7 ~. police protection and corrections. 5 ~~ Police" 5 Police protection fluctuated be -- Corrections------, tween 3% and 5% of an state and local spending during 1902- ~~00~----~1~92~0~------~19~4~0------~1~9~60~------~1~98g 80; state and local spending for Source: Historical stalistics of governmental finances and employment, 1977 "ensus of governmenls, corrections has remained at less 1977, table 4, and Governmental finances in 1979-80, table 3, U.S. Bureau of the Census. than 2% of the total since 1952, when data first became available. States and local gO'/ernment per capita spending for police During 1960-80, per capita and corrections increased along with most other government spending grew faster for functions during the past 20 years. corrections than for police protection Spending per capita in constant 1980 dollars* In constant dollars, state and local annual spending per capita % change for corrections grew during 1960- 1960 1965 1970 1975 1980 1960-80 80 at the rate of 5.5% per year, Education $366 $415 $503 $571 $586 + 60% while the annual growth rate for Public welfam 67 84 145 187 208 +210 police protection was only 3.3%. Highways 186 203 193 159 147 - 21 The increase for police protec Hospitals and health care 68 80 105 131 142 +109 tion was close to the average Police protection 35 39 47 58 59 + 69 3.2% rate of growth in overall Corrections 13 15 17 23 28 +115 state and local government ·See technical appendix for details on inflation adjustment procedures. spending. Spending for public Source: Historic statistics of governmental finances and employment, 1977 census of governments. welfare increased at the rate of U.S. Bureau of the Census, 1979. Government finances 1979-80, U.S. Bureau of the Census, 1981. 96 Report on Crime and Justice in Colorado and Denver 1985 Basic sources Local government financial compen 5Relative taxable wealth (Percent of Advisory Commission on Intergov dium, Colorado Division of Local national average tax capacity, 1979), ernmental Relations, Tax capacity of Government, 1983. Tax capacity of the fifty states - sup the fifty states - Supplement: 1980 plement: 1980 estimates, Advisory The national income and product Commission on Intergovernmental estimates (Washington: Advisory accounts, Bureau of Economic Analy Commission on Intergovernmental Relations (Washington: USGPO, sis, U.S. Department of Commerce 1982). Relations, 1982). (Washington: USGPO. 1981). 6Re/ative tax effort (Percent of Analysis of 1983 patrol division costs. Salaries and fringe benefits in Colo national average tax effort, 1979), Tax Denver Anti-Crime Council, 1985. rado cities and towns with a popula capacity 0 I the fifty states - supple tion under 3,000, Colorado Municipal Annual report, Colorado Judicil:\ry, ment: 1980 estimates, AdVisory League, 1984. FY 1983-84. Commission on Intergovernmental Standard metropolitan statistical Relations (Washington: USGPO, Camp, George and Camille, The cor areas, and standard consolidated 1982). rections yearbook: Instant answers to key questions in corrections (Pound statistical areas, U.S. Bureau of the 7Percent of population living in met Census (Washington: USGPO. 1981). Ridge, N.Y.: Criminal Justice Institute, ropolitan areas, 1980, U.S. Bureau of 1983). State Appropriations Bill. Colorado the CensUs. Standard metropolitan State Legislature, FY 1983-84. statistical areas, and standard con Class by agency by step report, solidated statistical areas, table 5 Colorado Department of Personnel, (Washington: USGPO, 1981). March 1985. Notes BThe state and local public welfare CML benchmark employee compensa lThe relationship between crime rate and per capita expenditures may not data here are illustrative of changes tion report, Colorado Municipal in government spending for social League, 1985. be as straightforward as it seems here. The subject has been exten programs over time. The data do not Crime in the United States, 1979, sively studied and some researchers include federal programs that provide Federal Bureau of Investigation using different data bases and direct assistance to individuals, such (Washington: USGPO, 1980). analytic techniques have concluded as Social Security, but do include that no relationship exists in the programs that pass federal money Executive compensation report, cities and states they have examined. through state and local governments, Colorado Municipal League, 1984. Loftin and McDowell present a review such as Medicaid. Gibbs, John J., Crimes against persons of recent research in this area in urban, sut'urban, and rural areas: A 2Per capita spending (per capita comparative analysis of victimization expenditure for criminal and civil jus rates, Nati('lOal [;riminal Justice Infor tice, 1979), Justice expenditure and mation and Stati:3tics Service, U.S. employment in the U.S., 1979, Bureau Department of Justice (Washington: of Justice Statisticl'l (Washington: USGPO,11379). USGPO. 1982), table 6; Preliminary Governmental finances in 1978-79, intercensal estimates of the popula U.S. Bureau of the Census (Wash tion of States: 1970 to 1980, U.S. ington: USGPO, 1981). Bureau of the Census. Governmental finances in 1979-80, 3Crime rate (Index crime rate per U.S. Bureau of trle Census (Washing 100,000 persons, 1979), in Crime in ton: USGPO, 1982). the United States, 1979, Federal Bureau of Investigation (Washington: Government finances in 1982-83, U.S. USGPO. 1980) table 3; Preliminary Bureau of the Census. intercensal estimates of the popula Historical statistics of governmental tion of States: 1970 to 1980, U.S. finance and employment, 1977 Cen Bureau of the Census. sus of Governments, U.S. Bureau of 4Priority for justice spending (Percent the Census (Washington: USGPO, of total state and local expenditure 1979). for Civil and criminal justice, 1979), Justice expenditure and employment Governmental finances in 1978-79, in the U.S. (also published as Expen U.S. Bureau of the Census (Wash diture and employment data for the ington: USGPO. 1982), table 12; Jus justice system and Trends in expendi tice expenditure and employment in ture and employment data for the jus the U.S., 1979, Bureau of Justice tice system), 1971-79, Bureau of Statistics (Washington: USGPO. 1982). Justice Statistics, U.S, Department of table 6: adjusted to include police Justice (Washington: USGPO. various expenditure of special districts. publication yea.rs and unpublished data). Report on Crime and Justice in Colorado and Denver 1985 97 Assault (cont.) Colorado (cont.) Courts (see also Juvenile Delaware (cont.) Injury resulting from, 18 Colorado Bureau of Invest court) Juveniles, age for criminal INDEX Most common violent crime, Igation, 4, 89 Appellate, 53-55 court jurisdiction, 82 2, 16 Colorado Department of County Court, 53-55 Incarceration rates, 69 NCS-measured offense, 4 Corrections, 68, 70, 90, 93 Court costs, 89-90, 92 Mandatory sentencing Rates compared with rates Colorado Department of District Court, 53-55 provisions, 62 of other life events, 14 Institutions, 84 Employment, local, State, Per capita spending, 95 Reported to police, 21 Colorado Division of Youth Federal,45 Prison length of stay, 69 Accidental injury and death Simple Services, 84, 90 Funding, 90-91 Delinquency (see juveniles) rate compared with crime Arrests, UCR data, 42 Colorado Judicial Rules of Independence of judiciary, Denver, City and County of rate, 14 Definition, 2 Procedure, 80 53 Calls for police service, 10 Acquittals, 37 Frequency of occurrence, Colorado Law Enforcement Municipal court, 53-55 Crime Adjudication (see also 2 Training Academy, 89 Salaries, 91 Arrests, 42 Courts), 37 Trends, 6 Colorado Organized Crime Supreme court, 53-55 Rates, 5 Adjudicatory hearing Victim's self-protective Strike Force, 47 Volume and type of cases, Rates by neighborhood, 9 (juvenile), 80 response, 1 9 Colorado State Patrol, 89 54 Denver Juvenile Court, 53, Alabama Victimization, likelihood, by Constitution, 2, 50, 55-56 Crime 54,80 Crime rate, 95 sex, 17 Courts Attempted,4 Denver Police Department Juror, terms of service, 56 Weapons and, 11 Appeals, Court of, 53, 54 By relatives and acquaint- 53,54 Juveniles, age for criminal Assigned counsel. See County Court, 53, 54 ances,21 Denver Probate Court, 53, court jurisdiction, 82 Attorneys District Court, 53, 54 Causes of, 26, 32-33 54 Incarceration rates, 69 Attorneys Supreme Court, 53-55 Definition, 2 Denver Superior Court, 53, Mandatory sentencing Defense, 36 Crime Economic Impact, 18 54 provisions, 62 Court appointed, 49 Arrests, 27, 42 Place of occurrence, 8, 9 Incarceration rate, 69, 72 Per capita spending, 95 Public Defender, 49 Classification, 63 Rate, 5, 8, 9, 10, 95 Linsey, Judge Ben, 80 Prison length of stay, 69 Purpose, 49 Cleared by arrest, 44-45 Reports to police, 5, 21 Sentencing, 72 Alaska Right of accused, 49 Juveniles, arrests of, 78-79 Underreporting, 21,36,40 Sexual assault, 20 Crime rate, 95 Salaries, 91 Rates, 5, 8, 95 Time of occurrence, 10 Detention hearing, speedy trial Juror, terms of service, 56 Trends, 6 Trends, 6, 7 provisions, 80 Juveniles, age for criminal Crime Victims Compensa- Crimes against persons Discretion, who exercises, 38 court jurisdiction, 82 Bail, 36, 50-51 tion Act of 1981, 22-23 (see also specific crime) Dismissals, 48 Incarceration rates, 69 Disturbance calls, 11 Effect on victim, 18 Disorderly conduct, 42 Mandatory sentencing Amou~ts, 50-51 Excessive, 50 District attorneys, 47, 48 Trends, 6 Dispo~ltion hearing (juvenile) provisions, 62 Impaired mental condition, Criminal homicide, 2 81 Per capita spending, 95 Nonbailable offenses, 50 Types of, 50 59 Arrest Disturbing the peace, 2 Prison length of stay, 69 Incarceration rates, 69 prison commitment, Diversion, 36-37 Appeals Bail bondsmen, 50 Baker v. Wingo (1972), 58 Juveniles, age for criminal percent, 27 Driving under the influence Appeal of right, 37, 53 court jurisdiction, 82 Arrest rates, race and Arrests, UCR data, 27, 42 Automatic in death sentence Bank robbery. See under Mandatory sentencing ethnicity, 30 Definition, 3 cases, 37 Robbery. provisions, 62 Arrests reported, 42 Drug law violations Courts, 53-55 Barbituates. See Drug law Per capita spending,95 By relatives and acquaint Arrest rate, 27, 42 Argersinger v. Hamlin (1972), violations: Drug-abuse crime link. Police officers, rates of, 41 ances, 2, 17 Drug abuse-crime link, 33 49 Prison length of stay, 69 Compensation for family of Female offenders, 31 Arizona Breaking and entering. (See Prosecution, 47-48, 57 victim, 22 Sale/Manufacture, 2 Crime rate, 95 Burglary; Forcible entry) Public defender, 49 Definition, 2 Sentence lengths, 71 Juror, terms of service, 56 Burglary Sentence length, 71 Female offenders, percent Drug Enforcement Admin Juveniles, age for criminal Arrests Speedy trial, 58 age,31 Istration (DEA), 40 court jurisdiction, 82 Conviction rate by elapsed Test for insanity, 59 Law enforcement officers Drunkenness, 3 Incarceration rates, 69 time from offense to arrest, 43 Weapons killed,11 Due procF,lss of law, 36, 48 Mandatory sentencing Law, 11 Murder reported percent, 5 provisions, 62 Number, UCR data, 42 Race and ethnicity Use of weapons, 11 Cleared by arrest, 44 Per capita spending, 95 Cocaine use, 33 Offenders, characteristics, Prison length of stay, 69 arrestee, 30 Embezzlement. See under Business/household rate, Community corrections, 68, 93 2, 11,27-28,30,31 Arraignment, 37 Fraud offenses. UCR data, 5 Community service. See under Race and ethnicity, 30 Environmental factors as Arrest rate Sentencing dispositions. Rate of occurrence, 2, 65- Per 1,000 population, Definition, 3 cause of crime, 26, 32 Drug abuse-crime link, 33 Conditional release violators, 68 UCR data, 45 Ethnic origin, Hispanic Effect on victim, 18 readmission of, 33, 70 Compared with rates of Arrest rate, 27, 30 TImeliness of report to Confinement. See Correctional other life events, 14 police, 43 Female offenders, Crime rate, 27, 30 percentage, 31 facility (adult). ''7.,ace and ethnicity, 17, 30 Prisoners, percen~ 30 UCR Index crimes, 30 Connecticut &8l'1tence lengths for Arrest warrant, 42 Household, 3, 4 Report to police, rate, ?1 Property losses, 5 Crime rate, 95 murder/attempted murder, Victimization rate, 15-16 Arrestee Juror, terms of service, 56 71 Characteristics, 27 Reported to police, 7, 8 Evidence Percent cleared by Juveniles, age for criminal Trends, 6-7 Illegally obtained, exclusion, Data compiled by UCR, 14 court jurisdiction, 82 Victims, 4 Race and athnicity, 30 arrest, 44 42-43,48 Residential targets, data, Incarceration rates, 69 Weapons and, 11 Insufficient 48 Arrestee disposition Mandatory sentencing Criminal justice system (see Complalni rejected, 36-37 3,5 Sentence lengths, 71 provisions, 62 also Correctional entries; Police release, 36 Court entries; Law enforce Time of occurrence, 3, 8 Per capita spending, 95 Fear of crime, 14, 17 Arrests, 42 ment entries) Trends, 6 Prison length of stay, 69 Federal Bureau of Investiga Arson Adjudication, 53-59 Victims, characteristics, 16 Conviction tion (FBI) 40 Arrests Costs, 87-103 Delay between offense and Uniform Crime Reports, See Juveniles, 3 Entry into the system, arrest, 43 Uniform Crime Reports. UCR data, 42 Percent of arrests resulting 40-45 Businesses, 3 California Federal criminal justice In, 57 Funding, 87-96 system, 40, 53 Definition, 3 Crime rate, 95 Juvenile Justice system, Witnesses and evidence, Federal law enforcement Economic impact, 18 Juror, terms of service, 56 77-84 timeliness of report of agencies, partial list, 40 Female offenders, Juveniles, age for criminal Overview, 36-38 crime, 43 Felony (see also specific percentage, 31 court jurisdiction, 82 Prosecution and pretrial Correctional facility (adult) crime) 36-37, 63 Public buildings, 3 Incarceration rates, 69 senilces, 47-51 (see also jails; Prisons) Definition, 2 Single-family residences as Mandatory sentencing Sentencing and correction, Confinement, 68-70 Females targets, 3 provisions, 62 Costs, 93 61-75 Structures not In use, 3 Per capita spending, 95 Arrest rate, 31 Correctional officers Criminal Offenders. See Career criminals, 26 UCR Index offense, 4 Prison length of stay, 69 Salary, 91 Offenders. AssauH Career criminals, 28 Jail admissions, 27 Corrections, 68-75 (see also Offense patterns, 31 Aggravated, 17 Drug abuse-crime link, 33 Correctional entries; By career criminals, 28 Causes of crime, 26, 32-33 Prisoners, percent ?o7 Probation; Parole) Defendant Definition, 2 Charges, reduction In number Juveniles, 83 Costs, 89-90, 93 Removal of case to U.S. Female offenders or severity (See Court Victims, 14-17, 21 FlolN chart, 37 district court, 53 Filing, time from arrest, 58 percentage, 31 disposition; Guilty plea) Funding, 89-90 Percent of all reported Child abuse Right to ball, 50, 56 Fines, 37, 63 Cost of justice functions, Right to counsel, 49,56 crime, As cause of crime, 32 Firearms, Involvement In crime, 5 87-96 Right to jury trial, 56 Percent cleared by Link to violent behavior, 32 11 Counterfeiting, See Forgery Right to speedy trial, 58 arrest, 44 Civil commitment, 59 Florida and counterfeiting. Defendant dlsposltion( see Crime rate, 95 Rates compared with rates Clearance Court decision, Executive of other life events, 14 Definition, 44 also Acquittal; Incompetent Juror, terms of service, 56 Branch enforcement, 53 to stand trial; and Sen Time, 10 Property crimes, 45 JUveniles, age for criminal Court disposition (see also tenclng dispositions) court Jurisdiction, 82 Arrest rates, by race and Rates, 44 Conviction and Defendant ethnlcity of offender, 30 Violent crimes, 45 Conviction rate, 47 Incarceration rates, 69 disposition) Dismissal, 47 By spouse, 17 Colorado Mandatory sentencing Elapsed time from filing of Not guilty by reason of Crime rate, 8, 14, 15, 16 Assistance to victims and provisions, 62 charges, 58 insanity, 59 Per capita spending, 95 Day of occurence, 10 witnesses of Crime and Guilty plea, 57 Drug abuse-crime line, 33 Aid to Law Enforcement Delaware Prison length of stay, 69 Plea negotiations, 57 Crime rate, 95 Gang membership and, 78 Act, 23 Forgery and counterfeiting, 3 Juror, terms of service, 56 Arrest, 42 98 Report on Crime and Justice in Colorado and Denver 1985 Forgery and counterfeiting (conL) Jackson v. Indiana (1977), 59 Law enforcement officers Mis~ouri (cont.) North Carolina Female offenders, 31 Jail Inmates Acquisition of evidence, Juveniles, age for criminal Crime rate, 95 Sentence lengths, 71 Age,22 42'43 court jUrisdiction, 82 Juror, terms of service, 56 Fraud offenses, 3, 18 Female, 27, 21 Compensation, 91 Incarceration rates, 69 Juveniles, age for criminal Arrests, 42 Race and ethnicity, 27, 30 Discretion, 36, 42 Mandatory sentencing court Jurisdiction, 82 Computer· related fraud, Jails Dual jurisdiction, 38 provisions, 62 Incarceration rates, 69 3,18 Age of facility, 68 Duties and roles, 40, 42 Per capita spending, 95 Mandatory sentencing Definition, 2 Annual cost for one Investigation and arrest, Prison length of stay, 69 provisions, 62 Embezzlement, 3 offender 92 42,45 Montana Per capita spending, 95 Arrests, 42 Construction costs, 90, 92 Investigative techniques, 40 Crime rate, 95 Prison length of stay, 69 Female offenders, 31 County sheriff, salary, 91 Probability of arrest. timeli· Juror, terms of service, 56 North Dakota Sentence lengths, 71 Number of, 68 ~ ness of report of victim· Juveniles, age for criminal Crime rate, 95 State prisoners in local Jails, perpetrator confrontation, court Jurisdiction, 82 Juror, terms of service, 56 61' 42 Incarceration rates, 69 Juveniles, age for criminal Gambling Ju'· ., officers, 36'37, 55 Weapons, use again:!t, 11 Mandatory sentencing court jurisdiction, 82 Arrests, 42 [..$cretion, 38, 56'57, Lesser included offense. See provisions, 62 Incarceration rates, 69 Definition, 3 63·67 Included offense. Per capita spending, 95 Mandatory sentencing Gang membership, 78 Judges, selection Life events, rates of, compared Prison length of stay, 69 prOvisions, 62 Georgia processes, 55 with crime rates, 14 Motor vehicle accident injury, Per capita spending, 95 Crime rate, 95 Plea·bargaining discretion, Liquor law offenses 14 Prison length of stay, 69 Jurcr, terms of service, 56 57 Arrests, UCR data, 42 Motor vehicle theft Not guilty by reason of Juveniles, age for criminal Salaries, 91 Definition, 3 Arrests, 27, 42 insanity, 59 court jurisdiction, 82 Jury. See Trial jury. LOitering, See Disturbing Definition, 3 Incarceration rates, 69 Jury sentencing, 37 the peace. Effect on victim, 18 Mandatory sentencing Juveniles, (see also Louisiana Female offenders, Obstruction of justice, 3 prOVisions, 62 Delinquency; Diversion; Crime rate, 95 percentage, 31 Offenders Per capita spending, 95 and Intake) Juror, terms of service 56 Race and ethnicity, 30 Age, relation to participation Prison length of slay, 69 Abused as children, 32 Juveniles, age for criminal Report to police, 21 in crime, 26'27, 29, 78-79 Gideon v. Wainwright, 49 Arrest rates, 29, 78-79 court jurisdiction, 82 And recovery of property, 3 Characteristics, 26-27 Grand Jury, 36 Group crimes, tendency to Incarceration rates, 69 Cleared by arrest, 44 Educational level, 22 Juvenile, percent, 77 engage in, 78 Mandatory sentencing Sentence lengths, 71 Females, 27, 31 Juvenilas in custody, 83·84 provisions, 62 Time of occurrence, 10 Marital status, 32 Profile, 84 Per capita spending, 95 Trends, 6 Race and ethnicity. 27, 30 Prison length of stay, 69 Habeas corpus. See Writ of Property crime arrests, Murder. See Criminal homicide. SpeCialization, 28, 75 habeas corpus. 78-79 National Center for Health Sources of Information on, Halfway house (see community Violent crime, involvement Statistics, homicide rate, 7 26 corrections in, 78-79 Maine National Crime Survey (NCS) Offense rate, 5 Handguns, Involvement in Juvenile court, 80·82 Crime rate, 95 (see also under headings Offenses against family, 42 Due process safeguards, 80 crime, 11 Juror, terms of service, 56 for specific crimes), 4, Ohio Hawaii Jury trial, 80 Juveniles, age for criminal 9,15·19 Crime rate, 95 Crime rate, 95 Sentence enhancements, court jurisdiction, 82 National Indigent Defense Juror, terms of service, 56 Juror, terms of service, 56 81 Incarceration rates, 69 Survey, 49 Juveniles, age for criminal Juveniles, age for criminal Transfer to adult court, 82 Mandatory sentencing Nebraska court jurisdiction, 82 court jurisdiction, 82 JUvenile disposition provisions, 62 Crime rate, 95 Incarceration rates, 69 Incarceration rates, 69 Juvenile facilities, 83·84 Per capita spending, 95 Juror, terms of service, 56 Mandatory sentencing Mandatory sentencing PriSOn length of stay, 69 Juveniles, age for criminal provisions, 62 provisions, 62 Maryland court jurisdiction, 82 Per capita spending, 95 Per capita spending, 95 Kansas Crime rate, 95 Incarceration rates, 69 PriSOn length of stay, 69 Prison length of stay, 69 Crime rate, 95 Juror, terms of service, 56 Mandatory sentencing Oklahoma High school dropouts, 37 Juror, terms of service, 56 Juveniles, age for criminal provisions, 62 Crime rate, 95 Hispanics, See Ethnic origin. Juveniles, age lor criminal court jurisdiction, 82 Per capita spending, 95 Juror, terms of service, 56 Homicide. See Criminal court jurisdiction, 82 Incarceration rates, 69 Prison length of slay, 69 Juveniles, age for criminal homicide. Incarceration rates, 69 Mandatory sentencing Nevada court jurisdiction, 82 Mandatory sentencing provisions, 62 Crime rate, 95 Incarceration rates, 69 provisions, 62 Per capita spending, 95 Juror, terms of service, 56 Mandatory sentencing Per capita spending, 95 Idaho Prison length of stay, 69 Juveniles, age for criminal provisions, 62 Peision length of stay, 69 Massachusetts Per capita spending, 95 Crime rale, 95 court jurisdiction, 82 Crime rate, 95 Prisor. length of stay, 69 Juror, terms of service, 56 Incarceration rates, 69 Juror, terms of service, 56 Oregon Juveniles, age for criminal Mandatory sentenCing Juveniles, age for criminal Crime rate, 95 court jurisdiction, 82 Kentucky provisions, 62 court jurisdiction, 82 Incarceration rates, 69 Crime rate, 95 Per capita spending, 95 Juror, terms of service, 56 Incarceration rates, 69 Juveniles, age lor criminal Mandatory sentencing Juror, terms of service, 56 Prison length of stay, 69 court jurisdiction, 82 provisions, 62 Juveniles, age for criminal Mandatory sentencing New Hampshire Per capita spending, 95 court jurisdiction, 82 provisions, 62 Crime rate, 95 tncarceration rates, 69 Prison length of stay, 69 Incarceration rates, 69 Per capita spending, 95 Juror, terms of service, 56 Mandatory sentencing Illinois Mandatory sentencing Prison length of stay, 69 Juveniles, age loe criminal provisions, 62 Michigan Per capita spending, 95 Crime rate, 95 provisions, 62 court jurisdiction, 82 Crime rate, 95 Prison length of stay, 69 Juror, terms of service, 56 Per capita spending, 95 Incarceration rates, 69 Juveniles, age for criminal Prison length of stay, 69 Juror, terms of service, 56 Mandatory sentencing Organized crime, 3 court jurisdiction, 82 Knives, Involvement in crime, Juveniles, age for criminal provisions, 62 Definition, 3 court jurisdiCtion, 82 Faderal jurisdiction, 38 Incarceration rates, 69 11 Per capita spending, 95 Incarceration rates, 69 Mandatory sentencing Prison length of stay, 69 Mandatory sentencing provisions, 62 New Jersey Per capita spending, 95 Larceny provisions, 62 Crime rate, 95 Parole, 38 Prison length of stay, 69 Race and origin, 36 Per capita spending, 95 Juror, terms of service, 56 Paeole officers, salary, 91 Incarceration Arrests, 27, 42 Prison length of stay, 69 Juveniles, age for criminal Parole supervision, 71 Minnesota Offender characteristics, Commercial and household, court jurisdiction, 82 Parole vlotation, 33, 75 27, 70 UCR data, 4 Crime rate, 95 Incarceration rates, 69 Parole Board Juror, terms of service, 56 Probability by race, 30 Definitions, 3 Mandatory sentencin~ Abolition by certain States, Juveniles, age for criminal Rates, 69 Female offenders, provisions, 62 61 court jurisdiCtion, 82 Incompetent to stand triat, 59 percentage, 31 Per capita spending, 95 Discretion, 38, 71 Incarceration rates, 69 Indiana Most common property Prison length of stay, 69 Pennsylvania Mandatory sentencing Crime rate, 95 crime, 16 New Mexico Crime rate, 95 Juror, terms of service, 56 Percent reported, not proviSions, 62 Crime rate, 95 Juror, terms of service, 56 Juveniles, age for criminal cleared by arrest, 44 Per capita spending, 95 Juror, terms of service, 56 Juveniles, age for criminal court jurisdiction, 132 Percentage of all crime Prison length of stay, 69 Juveniles, age for criminal court jurisdiction, 82 Misdemeanor, 36'37, 63 Incarceration rates, 69 reported,5 court jurisdiction, 82 Incarceration rates, 69 Mandatory sentencing Place of occurrence, 3, 16 Definition, 2 Incarceration rates, 69 Mandatory sentencing provisions, 62 Reported to police, 21 Mississippi Mandatory sentencing provisions, 62 Crime rate, 95 Per capita spending, 95 Sentence lengths, 71 prOVisions, 62 Per capita spending, 95 Prison length of stay, 69 Time of occurrencE>, 3, 10 Juror, terms of service, 56 Per capita spending, 95 Prison length of stay, 69 Juveniles, age for criminal Injury, 18·20 Trends Prison length of stay, 69 Philadelphia, career criminals, court jurisdiction, 82 Violent crime resulting from, Victimization rates, 14·16 New York Wolfgang study, 28 18-20 Law enforcement (see also Incarceration rates, 69 Crime rate, 95 Plea Mandatory sentencing Sexual assault, 20 Criminal justice system) Juror, terms of service, 56 Bargaining, 57 Institute for Law and Social Law enforcement agencies provisions, 62 Juveniles, age for criminal Not guilty by reason of Per capita spending, 95 Research, 43 cost, 89·91 court jurisdiction, 82 Insanity, 59 Prison length of Intake, 36, 80 Sheriffs departments, 40, stay, 69 Incarceration rates, 69 Unfair coercion, 56 Missouri International ASSOCiation of 89·91 Mandatory sentencing Police. See Law enforcement Crime rate, 95 Chiefs of Police (IACP), 4 State, municipal, local, 40, provisions, 62 entries. Interstate commerce, Federal 89·91 Juror, terms of service, 56 Per capita spending, 95 Pollee Executive Forum study, jurisdiction, 38 Prison length of stay, 69 1981,43 Report on Crime and Justice in Colorado and Denver 1985 99 Political crimes, 3 Rape (cont.) Smuggling, 3 U.S. Constitution (conI.) West Virginia Preliminary hearing, 36-37 In)ury, incidence, , 8, 20 South Carolina Sixth Amendment, 49, 58 Crime rate, 95 Probable cause, 36-37, 42 Percent reported, not Crime rate, 95 Eighth Amendment, 50 Juror, terms of service, 56 Waiver, 36 cleared by arrest, 44 Juror, terms of service, 56 U.S. Court of Appeals for Juveniles, age for crimi nat Pretrial detention, 50-51 Place of occurrence, 20 Juveniles, age for criminal Federal Circuit, 53 court jurisdiction, 82 Pretrial release, 50-51 Report rate, 4, 21 court jurisdiction, 82 U.s. district courts, 63 tncarceratlon rates, 69 Pretrial Services Resource Sentence lengths, 71 Incarceration rates, 69 U.S. Supreme Court, 53 Mandatory sentencinR Center Study, 1982, 50 Trends, 6 Mandatory sentencing speedy trial, factors, 58 provisions, 62 Prison commitment Victim provisions, 62 Utah Per capita spending, 95 Incarceration rates, 67, 72 Characteristics of, 16 Per capita spending, 95 Crime rate, 95 Prison length of stay, 69 Mandatory sentence, 66 Self-protective response, Prison tength of stay, 69 Juror, terms of service, 56 Where crime occurs, 8, 9 Percent of con.lctions, 57 19-20 South Dakota Juveniles, age for criminal White·collar crime (see also Sentence length, 67, 71 Single victim, 2 Crime rate, 95 court jurisdiction, 82 Fraud offenses) Trends, 73-74 Weapons use, 20 Juror, terms of service, 56 Incarceration rates, 69 Deception as element, 3 Prison/parole population Recidivism (see Career Juveniles, age for criminal Mandatory sentencing Definition, 3 Conditional release criminals) court jurisdiction, 82 provisions, 62 Wisconsin violators, 75 Reduced charge, 37, 56-57 Incarceration rates, 69 Per capita spending, 95 Crime rate, 95 Good time, 71 Rehabilitation, 61 Mandatory sentencing Prison length of stay, 69 Juror, terms of service, 56 Length of time served, 71 Repeat offenders. Soe career provisions, 62 Juveniles, age for criminal Percent returned, 75 criminals and Recidivism. Per capita spending, 95 court jurisdiction, 82 Terminations, 75 Restitution, 22, 37, 92 Prison length of stay, 69 Incarceration rates, 69 Prisoners Rhode Island Speedy trial, 58 VagranCY Mandatory sentencing Alcohol and drug use, 33 Crime rate, 95 State supreme court, 53-55 Arrests, 42 provisions, 62 Background, 32 Juror, terms .:>, service, 56 Status offenses (see also Vandalism, arrests, 42 Per capita spending, 95 Drug abuse-crime link, 33 Juveniles, age for criminal Delinquency), definition, Vehicular manslaughter. See Prison length of stay, 69 Females, percentage, 27 court jurisdiction, e2 3, 42, 78, 83-84 under Criminal homicide. Witnesses Income/economic status, 32 Incarceration rates, 69 Stolen property offenses Verdict Availability, violent crime, Marital status, 32 Mandatory sentencing Arrests, 42 Guilty 45,48 Numbers, trend, 73-74 provisions, 62 Transporting across State Number of, 47 Women. See Females. Race and ethnlcity, 30 Per capita spending, 95 lines, Federal jurisdiction, Unanimity, 56 Writ of certiorari. See under Rate of persons under Prison length of stay, 69 38 Not guilty by reason of Appeals. supervision, by State, 69 Robbery Suspect insanity, 59 Wyoming Sentence length, 67, 71 Arrest/conviction rates, Accused of more than one Vermont Crime rate, 95 Prisons (see also Jails), 68 elapsed time from offense crime, 48 Crime rate, 95 Juror, terms of service, 56 Annual cost for one to arrest, 43 Identification and arrest, 36, Juror, terms of service, 56 Juveniles, age for criminal offender, 93 Arrest rates, race and 48,42 Juveniles, age for criminal court jurisdiction, 82 Construction and expan- ethnicity, 30 Booking, 36 court jurisdictIon, 82 Incarceration rates, 69 sion,93 Arrests, 42 Percent cleared by, for Incarceration rates, 69 Mandatory sentencing Crowding, 68 Bank robbery, 25, 38 selected, 44 Mandatory sentencing provisions, 62 Employees, salaries, 91 Business/private citizens, 5 Suspicion arrests, 42 provisions, 62 Per capita spending, 95 Security level, Federal and By strangers, 18 Per capita spending, 95 Prison length of stay, 69 State, 70 Career criminals, 28 Prison length of stay, 69 Probable cause, 36-37, 42 Commercial, 4 Tax evasion, 3 Victimization Probation, 65·66, 93 Definition, 2 Tennessee Fear of, 14 Youth. See Juveniles Probation officer, Effect on victim, 18 Crime rate, 95 Reports to police, by compensation, 91 Female offenders, 31 Juror, terms of service, 56 economic status, 21 Property crime (see also Gang membership and, 78 Juveniles, age for crimin,,1 Risk of, factors affecting, , 4- headings for specific Injury incidence, 18 court jurisdiction, 82 17 crimes) More than one offender, 2 Incarceration rates, 69 Trends Definition, 2 Personal by strangers, 17 Mandatory sentencing Victims (see also name of Effect on victim, 18 Place of occurrence, 9 provisions, 62 crime),14-23 Percentage of all crimes Reported to police, 5, 21 Per capita spending, 95 Age, 7,14-17,21 reported,5 Cleared by arrest, percent Prison length of stay, 69 Compensation programs, Race and ethniclty, 30 44 Texas 22-23 Sentence lengths, 7' Sentence lengths, 71 Crime rate, 95 Crime rates compared with Trends, 6 Time of occurrence, 10 Juror, terms of service, 56 rates of other life events, Violent crime distinguished, Trends, 6 Juveniles, age for criminal 14 2 Type of business, 5 court jurisdiction, 82 Education, 15 Prosecution, 36-37, 47·48, 57 Use of weapon, 2, 11 Incarceration rates, 69 Effects of crime on, 18 Prosecutor Victim self-protective Mandatory sentencing Employment status, 15-16 Compensation, 91 response, 19 provisions, 62 Income, 15-16, 18, 21 Discretion, 38, 47-48 Runawa~42, 78,84 Per capita spending, 95 Injury, Incidence, 18-20 District, State, 55 Rural areas, 8, 16 Prison length of stay, 69 Marital status by sex, 15-16 Referrat of aJlegations and Theft. (See Fraud offenses and Police reporting rates, 21 evidence, 42, 47 Larceny) Race/ethniclty, 14-17, 30 Prosecutoriai screenIng Search warrant, 42 TraHic Offenses, 27, 42 Relationship to offender, decisions, 36-37, 47-48 Seasonality of crime incidence, Transfer to adult court, 82 22,37,92 Due process problems, 48 10 Trial Self-protection, 19-20 Information, 37-38, 47 Self-protection, 19-20 Competency to stand trial, Sex, 15-17,21 Nolle prosequi, 36 Sentence. See Appeal case 59 Violent crimes Witness problems, 48 and Court disposition, Jury trial, 37 Arrest rate, by race, 27, 30 Prostitution and commer- guilty plea Right to, 56, 80 By strangers, percent, 17 clal vice, 42 Sentence reView, 37 Waiver, 56 Virginia Public defender, 49, 91 Sentencing dispositions (see Nonjury trial (bench trial), Crime (ate, 95 Public order, law enforce- also Correctional facility 43 Juror, terms of service, 56 ment officer'S role, 47 (adult); Fines; Probation; Trial court case Juveniles, age for criminal Public order offenses.. See and Restitution), 37, 61-67 Civil/criminal cases flied, 54 court jurisdiction, 82 Disturbing the peace. Actual time served, 71 Traffic offenses filad, 54 Incarceration rates, 69 Administrative and statutory Mandatory sentencing reforms 1970's, 61 provisions, 62 Race Community service, 65 UCR Index crimes, (see Per capita spending, 95 Arrest rate, by race, 27, 30 Confinemen~ 65-67, 69-72 also Uniform Crime Re- Prison length of stay, 69 Career criminals, 28 Indeterminate sentence, 62 ports) Incarceration probability, 30 Mandatory, 66 Offenses measured, 4 Injury to victim, likelihood, Public opinion, 65 Unemployment, relation to Washington UCR data, 22 Split sentences (confine- crime, 32 Crime rate, 95 Of juvenile offenders, 79, 84 ment and probation), 65 Uniform Crime Reports (UCR) Juror, terms of service, 56 Prisoners, 27, 30 Sentencing hearing, 37 {see also UCR Index Juveniles, age for criminal Report to police, rate, 21 Sex offenses (see also crimes),4 court jurisdiction, 82 Victimization, 15-17, 30 Prostitution and commer- Natlonal Crime Survey Incarceration rates, 69 Rape clal vice; and Rape), 2 compared,4 Mandatory sentencing Arrest rates, race and Arrests (excluding forcible Unlawful assembly. See provisions, 62 ethnlcity, 30 rape),42 Disturbing the peace. Per capita spending, 95 By career criminals, 28 Sheriffs' department. See Urbanization, relation to crime Prison length of stay, 69 By Single offender, 2 under Law enforcement rate, 8, 9 Weapons Crime rate, 5, 8,14-16 agencies. U.S. Claims Court, 53 Involvement In crime, 2, 11 Definition, 2 Shock probation, 65 U.S. Constitution, 36 Self-protection, 19 Gang membership and, 78 Shoplifting, economic Impac~. Court system, 54 Weapons offenses In victim's home, 20 18 Fourth Amendment, 48 Arrest reports, 42, 78 1 00 Report on Crime an~ Justice in Cojorado and Denver 1985 .Z'>.",/ , justice system r:::....:- . --''-~ -::::1 A loose confederation of agen Information cies at all levels of government together provides the means by which we apprehend, try and .o . Felonies punish offenders. Our American .'. . "'. Unsolved Released Released Charges Charges system of justice has evolved r~,:,' or 001 wilhoul wilhout dropped dropped from the English common law into a complex series of pro I \ 'n p~uoo.~"" ."~"""" "' 'TOO "' dI~I"oo cedures ·and decisions. There is no single criminal justice sytem Refusal to Indict in this country; rather there are 1 Investigation} 1 '. J' ,Initial J, many systems that, while similar, " '.'. \..._:'~" ~- L ~rrest ,"~~~g. appearancelr~lmlOaryBall or are individually unique. I lG '-if., " ' ,/ hearing . detention ., Criminal cases may be handled @riJrxx@iio'll:C";tll,C differently in different jurisdic I[ Q, I ~~--=:.:\ tions, but court decisions based on the due-process guarantees of the U.S. Constitution require r~~CL\\ that specific steps be taken in the administration of criminal I I \ ~ p"'Y offe",.. .. justice. Released The following description of the I".·.·, i \ ~\ :::~:~el~ station criminal and juvenile justice sys tems portrays the most common L2;J \1 ~ juvenile 1 sequence of events in the response to serious criminal Ju~nll. offo",e, ~p~,:~-u:r )';1~a~~ntg='~;':~lii';":'Z:'t~~;;z::· ,:r;":i'!~:E:31~Ji~~~~::::jt!~t:i:"';::i':J"Tf::' behavior.