Federal Criminal Justice Trends 2003 - August 2006

U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Federal Criminal Justice Trends, 2003 U.S. Department of Justice Office of Justice Programs 810 Seventh Street, N.W. Washington, D.C. 20531 Alberto R. Gonzales Attorney General Office of Justice Programs Partnerships for Safer Communities Regina B. Schofield Assistant Attorney General World Wide Web site: http://www.ojp.usdoj.gov Bureau of Justice Statistics Jeffrey L. Sedgwick Director World Wide Web site: http://www.ojp.usdoj.gov/bjs For information contact National Criminal Justice Reference Service 1-800-851-3420 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Federal Criminal Justice Trends, 2003 Federal Justice Statistics Program Mark Motivans August 2006, NCJ 205331 U.S. Department of Justice Bureau of Justice Statistics Jeffrey L. Sedgwick Director This Bureau of Justice Statistics Report was prepared using data from the Federal Justice Statistics Program (FJSP). The FJSP is managed by the Bureau of Justice Statistics (BJS) and the Urban Institute under BJS grant number 2005-BJ-CX-K004. Principal staff at BJS are Mark Motivans and Steven K. Smith. Principal staff at the Urban Institute are William Adams, Christine Arriola, Avi Bhati, Kamala Mallik Kane, Barbara Parthasarathy, Laura Winterfield, and Yan Yuan. Thomas H. Cohen provided statistical review. Carolyn C. Williams, Tom Hester, Marianne Zawitz, Joanna Bradford, and Rhonda Keith of BJS provided editorial review. This report is made possible through the cooperation of the following Federal agencies and their staffs: The United States Marshals Service (USMS), the Administrative Office of the United States Courts (AOUSC), the Executive Office for U.S. Attorneys (EOUSA), and the Federal Bureau of Prisons (BOP). The staff who provided expert advice about the source records include: Joe Briggs (USMS); James Tauber (DEA); Steven Schlesinger, Catherine Whitaker, and Pragati Patrick (AOUSC); Siobhan Sperin and Barbara Tone (EOUSA); and Christine Kitchens (USSC). BJS authorizes any person to reproduce, publish, translate, or otherwise use all or any part of the material in this publication; citation to source, however, is appreciated. An electronic version of this report and the data underlying graphics may be found on the BJS Internet Home Page (http://www.ojp.usdoj.gov/bjs/). The BJS-sponsored Federal Justice Statistics Resource Center (FJSRC) Internet Home Page (http://fjsrc.urban.org) provides online access to the Federal Justice database. Users may download data from the Federal Justice database for independent analysis or use the online query system to quickly obtain customized statistics. To order additional copies of this report or CD-ROMs containing the Federal Justice database, call the National Criminal Justice Reference Service at 1-800-851-3420. http://www.ojp.usdoj.gov/bjs/ ii Federal Criminal Justice Trends, 2003 Contents Highlights, vii Enforcement trends, 1 Arrests and bookings for Federal offenses U.S. Marshals Service Drug Enforcement Administration Matters investigated by U.S. attorneys, 7 Immigration suspects referred to U.S. attorneys Drug suspects referred to U.S. attorneys Firearm suspects referred to U.S. attorneys Matters concluded by U.S. attorneys, 11 Prosecutions in U.S. district court Judicial and sentencing trends, 12 Pretrial release Cases filed in U.S. district court Cases terminated in U.S. district court Defendants sentenced Cases appealed Correction trends, 29 Offenders in prison Offenders on supervision Notes, 38 Methodology, 43 Table construction and interpretation Offense classifications Data sources Appendix, 45 Federal Criminal Justice Trends, 2003 iii Tables Enforcement 1. Suspects arrested for Federal offenses and booked by USMS, by offense 2. Characteristics of suspects arrested and booked by the U.S. Marshals Service 3. Characteristics of immigration suspects arrested and booked by the U.S. Marshals Service 4. Suspects arrested by Drug Enforcement Administration agents, by type of drug at arrest 5. Characteristics of suspects arrested by the Drug Enforcement Administration for all drugs and for methamphetamine 6. Suspects in criminal matters investigated by U.S. attorneys, by offense 7. Disposition of suspects in matters concluded by U.S. Attorneys Judicial and sentencing 8. Number of pretrial defendants detained at any time prior to trial by offense 9. Behavior of defendants released prior to trial by offense 10. Characteristics of defendants at initial hearing in Federal district court 11. Defendants in cases concluded in U.S. district court 12. Adjudication outcomes of defendants in cases concluded in U.S. District court 13. Type of counsel of defendants in cases concluded by offense 14. Characteristics of defendants convicted in U.S. district court 15. Defendants convicted and percent receiving prison by offense 16. Defendants receiving prison sentence and mean sentence imposed 17. Defendants receiving a probation-only sentence 18. Defendants sentenced under the U.S. Sentencing Guidelines 19. Federal drug offenders receiving safety valve, 1998-2003 20. Federal offenders resentenced pursuant to Rule 35(b) 21. Criminal appeals filed in U.S. district court Corrections 22. Federal prison population at fiscal yearend by offense 23. Characteristics of the Federal prison population 24. Inmates in the Federal Bureau of Prisons by age 25. Average time served to first release from Federal prison 26. Offenders under Federal supervision, by offense 27. Characteristics of offenders under Federal supervision 28. Offenders under Federal supervision by type of supervision 29. Offenders terminating Federal supervision by outcome Methodology M.1. Breakout of main category offenses M.2. Source agencies for data tables in Federal Criminal Case Processing Appendix A.1. Suspects arrested for Federal offenses and booked by the USMS A.2. Suspects in criminal matters investigated by U.S. attorneys A.3. Suspects in criminal matters concluded by U.S. attorneys A.4. Suspects in criminal matters prosecuted by U.S. attorneys A.5. Suspects in criminal matters concluded by U.S. magistrates A.6. Suspects in criminal matters declined by U.S. Attorneys A.7. Defendants in cases proceeded against in U.S. district courts A.8. Defendants in cases terminating in U.S. district courts A.9. Defendants in cases terminating in U.S. district courts: Percent convicted A.10. Offenders convicted and sentenced in U.S. district courts A.11. Offenders convicted and sentenced to prison in U.S. district courts A.12. Criminal appeals filed A.13. Offenders convicted and sentenced to probation A.14. Offenders convicted and sentenced to prison: Mean number of months of imprisonment imposed iv Federal Criminal Justice Trends, 2003 Figures Enforcement 1. Suspects arrested for Federal offenses and booked by USMS, by selected offenses 2. Percent of growth in suspects arrested and booked by the U.S. Marshals by Federal judicial district 3. Suspects arrested and booked by the U.S. Marshals for an immigration offense 4. Citizenship of suspects arrested and booked by the U.S. Marshals Service 5. Country of citizenship of non-U.S. citizens arrested and booked by the U.S. Marshals 6. Drug suspects arrested by the Drug Enforcement Administration 7. Suspects arrested by the Drug Enforcement Administration for methamphetamine by State 8. Suspects referred to U.S. attorneys by selected offenses 9. Immigration suspects referred to U.S. attorneys 10. Percent of immigration matters referred to U.S. attorneys by Federal judicial district 11. Drug suspects referred to U.S. attorneys 12. Percent of drug matters referred to U.S. attorneys by Federal judicial district 13. Firearms suspects referred to U.S. Attorneys 14. Percent of firearms matters referred to U.S. attorneys by Federal judicial district 15. Suspects prosecuted, declined, disposed by U.S. Magistrates Judicial and sentencing 16. Defendants terminating pretrial services 17. Percent of growth in defendants detained prior to trial by Federal judicial district 18. Primary method of pretrial release 19. Criminal history of suspects arraigned in Federal district court 20. Percent of cases filed in U.S. district court by Federal judicial district 21. Percent of all felony cases concluded in each Federal judicial district that ended in trial 22. Type of counsel at case conclusion 23. Average prison sentence imposed by offense 24. Percent of defendants sentenced within the U.S. Sentencing Guidelines range 25. Percent of defendants sentenced within the U.S. Sentencing Guidelines by selected offenses 26. Percent of drug offenders sentenced to statutory minimum sentences 27. Percent of defendants sentenced under the U.S. Sentencing Guidelines by cell 28. Percent of drug defendants sentenced receiving safety valve provision by Federal judicial district 29. Percent of defendants resentenced under Rule 35(b) by Federal judicial district 30. Criminal appeals terminated in U.S. district court by appeal type 31. Number of criminal appeals terminated 32. Outcome of criminal appeals terminated on the merits Corrections 33. Offenders under the jurisdiction of the Federal Bureau of Prisons by custody security level Federal Criminal Justice Trends, 2003 v Figures 34. Offenders under the jurisdiction and custody of the Federal Bureau of Prisons 35. Offenders in custody with the Federal Bureau of Prisons by gender 36. Time served by inmates in Federal prison at fiscal yearend 37. Expected and actual time served among first releasees from Federal prison 38. Percent of offenders under Federal supervision by type of supervision 39. Annual average percent change in offenders under Federal supervision by type of supervision 40. Percent of growth in offenders under Federal supervision by Federal judicial district vi Federal Criminal Justice Trends, 2003 Highlights Federal criminal justice trends, 1994-2003 Number of suspects/defendants increased steadily across all stages of the Federal criminal justice system Number of suspects/ defendants processed 1994 2003 99,251 80,730 62,327 50,701 33,022 130,078 131,064 92,085 75,805 57,629 Number of suspects/defendants processed 160,000 Suspects/defendants— 120,000 Investigated Arrested Charged Stage Suspects investigated Suspects arrested and booked Defendants charged Defendants convicted Defendants sentenced to prison 80,000 Convicted 40,000 Imprisoned 0 1994 1996 1998 2000 2002 2003 Drug offenders most prevalent; immigration and weapon offenders increased most rapidly The 10-year average annual increase was greatest for immigration (ranging from 14% for arrests to 25% for prison sentences imposed) and weapon offenses (ranging from 10% for prosecution to 11% for matters investigated by U.S. attorneys). Drug offenses remained the most prevalent offense across stages over 10-year period. Southwest United States produced a disproportionate share of suspects and defendants processed • Five of 94 Federal judicial districts (Southern District of California, District of Arizona, District of New Mexico and Southern and Western Districts of Texas) comprised 31% of all suspects arrested and booked, 19% of suspects investigated, 23% of defendants in cases filed in U.S. district court, and 28% of offenders sentenced to prison (1994-2003). Likelihood of prosecution, conviction, and imprisonment sentence increased The percent of suspects prosecuted (of matters concluded by U.S. attorneys) increased from 54% in 1994 to 62% in 2003. Eighty-nine percent of defendants were convicted in 2003 (of those charged) compared with 83% in 1994. The conviction rate for drug defendants increased from 86% in 1994 to 92% in 2003. The percent of offenders sentenced to prison (of those convicted) increased from 65% in 1994 to 76% in 2003. Eighty-three percent of defendants convicted of a felony were sentenced to prison in 2003 compared with 78% in 1994. Rate of pretrial detention increased Seventy-six percent of defendants terminating pretrial services in 2003 were detained compared with 58% in 1994. Fifty-nine percent of defendants in 2003 had a prior conviction at initial hearing compared with 48% in 1994. Sources: Executive Office for U.S. Attorneys, central system file, U.S. Marshals Service Prisoner Tracking System, Administrative Office of the U.S. Courts, criminal master file, fiscal year. Percent of cases filed in U.S. district court, 1994-2003 < 1% 1-2.9% 3-5% > 5% Source: Administrative Office of the U.S. Courts, criminal master file, fiscal year. Given investigation, what is the likelihood of prosecution? 1994 1998 2003 0% 20% 40% 60% 80% 100% Percent of suspects prosecuted Source: Executive Office for U.S. Attorneys, central system file, fiscal year. Federal Criminal Justice Trends, 2003 vii Criminal trials declined Jury trials decreased from 8% of cases concluded in 1994 to 4% in 2003. Ninety-six percent of convictions in U.S. district court in 2003 were the result of guilty pleas compared with 91% in 1994. Number of Federal prison inmates increased The Federal prison population increased an average of 7% each year from 1994-2003. The largest average annual increases over this period were for immigration (24%) and weapon offenses (10%). Drug offenders comprised 57% of prisoners in 2003 compared to 61% in 1994. The average prison term imposed decreased from 63 months in 1994 to 59 months in 2003. The average prison term imposed declined for drug offenders from 84 months in 1994 to 82 months in 2003 and increased for violent offenders from 92 months in 1994 to 98 months in 2003. Offenders released for the first time from Federal prison served an average of 33 months in prison in 2003 compared to 25 months in 1994. 26% of inmates in Federal prison at fiscal yearend 2003 had served 5 years in prison up from 9% in 1994. Of those who had served 5 or more years at yearend 2003, 22% were over the age of 50. Federal sentencing guidelines applied in most cases Sixty-nine percent of offenders sentenced in 2003 received sentences within ranges set forth under the Federal sentencing guidelines (compared with 72% in 1994). Sixty-nine percent of immigration offenders were sentenced within the Federal sentencing guidelines in 2003 (compared with 91% in 1994). Just over half of offenders (54%) sentenced under the Federal sentencing guidelines from 1994-2003 were assigned the lowest criminal history score level as determined by the guidelines at sentencing. The percent of drug offenders receiving a 5-year or greater statutory minimum sentence under the Federal sentencing guidelines decreased from 66% in 1996 to 60% in 2003. Supervised release most common form of Federal community supervision Offenders on Federal supervised release surpassed the number of offenders on probation from 1994 to 2003. Offenders on supervised release comprised 70% of offenders on community supervision in 2003 compared with 39% in 1994. Offenders on Federal parole comprised 3% of offenders under supervision in 2003 compared with 15% in 1994. Drug offenders on Federal supervision increased Drug offenders surpassed property offenders as most common offense under Federal supervision in 1999. Drug offenders increased from 32% of those on supervision in 1994 to 42% in 2003. Forty percent of offenders under Federal supervision in 2003 reported a drug abuse history compared with 31% in 1994. viii Percent of drug defendants sentenced 100% 80 60 40 20 Given prosecution, what is the likelihood of conviction? 1994 1998 2003 0% 20% 40% 60% 80% 100% Percent of defendants convicted Given conviction, what is the likelihood of imprisonment? 1994 1998 2003 0% 20% 40% 60% 80% 100% Percent of defendants sentenced to prison Sources: Administrative Office of the U.S. Courts, criminal master file, fiscal year. Percent of defendants receiving within range sentences underFederal sentencing guidelines Most serious offense All offenses Violent offenses Property offenses Drug offenses Public-order offenses Weapon offenses Immigration offenses 1994 71.7% 75.0 81.1 60.8 75.3 77.3 90.7 2003 69.4% 75.7 78.2 62.4 72.3 76.8 68.5 Source: U.S. Sentencing Commission monitoring file, fiscal year. Statutory minimum sentence of 5 years or more imposed Statutory minimum sentence of 5 years or more not imposed 1998 2000 2002 2003 0 1996 Source: U.S. Sentencing Commission monitoring file, fiscal year. Federal Criminal Justice Trends Enforcement trends Arrests and bookings by the U.S. Marshals Service Drug offenses were the most prevalent offense among suspects arrested and booked by U.S. Marshals. Immigration offenses had the greatest net increase (18,843 more arrests in 2003 than 1994). Number of suspects arrested for 5 fastest growing offenses 35,000 Drug 30,000 25,000 20,000 15,000 10,000 5,000 0 1994 Immigration Supervision violations Weapons Material witness 1996 1998 2000 2002 2003 Figure 1 Suspects arrested and booked by the U.S. Marshals Service increased an average of 6% annually from 1994-2003. Table 1. Suspects arrested for Federal offenses and booked by the U.S. Marshals Service, by type of offense, 1994-2003 Average annual change 1994-2003 5.6% 2.0 1.2 4.4 11.9 14.2 21.9 7.3 -3.1 Most serious offense All arrests Violent Property Drug Weapon Immigration Material witness Supervision violations Public-order Number arrested and booked 1994 1999 2002 2003 80,730 109,340 124,074 131,064 3,905 4,254 4,723 4,484 15,540 16,569 17,268 17,258 23,268 31,867 33,730 34,217 3,885 4,268 7,488 9,416 8,777 22,849 25,270 27,620 886 4,016 3,918 4,615 12,719 15,603 21,777 23,605 11,596 9,841 8,772 8,591 Profile percent 1994 2003 100.0% 100.0% 4.8 3.5 19.3 13.3 28.9 26.4 4.8 7.3 10.9 21.3 1.1 3.6 15.8 18.2 14.4 6.6 Federal Criminal Justice Trends 1 Four Federal judicial districts along the Southwest border comprised 54% of the growth in arrests and bookings between 1994 and 2003. District of Arizona (15%) District of New Mexico (5%) W. District of Texas (16%) S. District of Texas (18%) Percent of growth (1994-2003) in suspects arrested and booked by the U.S. Marshals < 1% 1-2% 2.01-6% > 6% Figure 2 Table 2. Characteristics of suspects arrested and booked by the U.S. Marshals Service, 1994-2003 Number and percent arrested and booked 1994 2003 80,730 85.3% 14.7 66.5% 29.8 1.4 2.3 1.8% 5.0 37.3 31.3 24.7 73.0% 27.0 131,064 86.1% 13.9 70.5% 25.8 1.8 1.8 1.6% 5.1 39.7 30.4 23.3 62.1% 37.9 Male (86%) In 2003 suspects were most likely to be C Suspect characteristics Number arrested Gender Male Female Race White Black or African American American Indian or Alaska Native Asian/Native Hawaiian or Other Pacific Islander Age at arrest Under 19 years 19-20 years 21-30 years 31-40 years Over 40 years Citizenship U.S. citizen Non-U.S. citizen White (71%) 21-30 years (40%) U.S. citizen (62%) 2 Federal Criminal Justice Trends Illegal entry/reentry offenses comprised the bulk of U.S. Marshals Service arrests for immigration offenses. Number of suspects arrested and booked for an immigration offense 25,000 Illegal entry/reentry 20,000 15,000 10,000 5,000 0 1994 1996 1998 2000 Smuggling False citizenship Other 2002 2003 Figure 3 Table 3. Characteristics of immigration suspects arrested and booked by the U.S. Marshals Service, 1994-2003 Number and percent 1994 2003 8,777 91.7% 8.3 91.3% 6.4 0.2 2.1 2.9% 8.1 52.2 28.1 8.8 3.6% 96.4 27,620 93.0% 7.0 96.5% 2.5 0.2 0.8 1.8% 5.3 45.2 32.8 15.0 6.6% 93.4 Male (93%) In 2003 suspects were most likely to be C Suspect characteristics All arrestees Gender Male Female Race White Black or African American American Indian or Alaska Native Asian/Native Hawaiian or Other Pacific Islander Age at arrest Under 19 years 19-20 years 21-30 years 31-40 years Over 40 years Citizenship U.S. citizen Non-U.S. citizen White (97%) 21-30 years (45%) Non-U.S. citizen (93%) Federal Criminal Justice Trends 3 Non-U.S. citizens comprised a growing share of suspects arrested and booked by the U.S. Marshals. In 2003 non-U.S. citizens made up 38% of suspects arrested compared to 27% in 1994. Number of suspects arrested and booked 80,000 U.S. citizens 60,000 40,000 Non-U.S. citizens 20,000 0 1994 Figure 4 1996 1998 2000 2002 2003 Citizens of Mexico comprised the largest share of non-U.S. citizen suspects arrested and booked by the U.S. Marshals Service from 1994 to 2003. Dominican Republic (3%) Mexico (76%) Colombia (3%) China (1%) Number of non-U.S. citizen suspects arrested and booked by the U.S. Marshals by country of citizenship (1994-2003) < 50 50-250 251-1,000 1,001-10,000 > 10,000 Figure 5 4 Federal Criminal Justice Trends Drug arrests by the Drug Enforcement Administration The number of drug arrests by the Drug Enforcement Administration reached a peak in 1999. Number of drug arrests 10,000 8,000 6,000 4,000 2,000 0 1994 Powder cocaine Methamphetamine Marijuana Crack cocaine 1996 1998 2000 2002 2003 Figure 6 Methamphetamine arrests comprised 22% of Drug Enforcement Administration arrests in 2003 compared with 11% of arrests in 1994. Table 4. Suspects arrested by the Drug Enforcement Administration, by type of drug at arrest, 1994-2003 Number of drug suspects arrested by the Drug Enforcement Administration 1994 1999 2002 2003 21,693 6,967 4,048 5,260 2,311 1,966 1,141 38,886 9,745 6,387 8,204 8,727 3,394 2,429 29,145 7,261 4,400 5,402 6,406 2,387 3,289 26,850 6,522 3,842 5,633 5,766 2,280 2,807 Average annual change 1994-2003 3.1% -0.2 0.6 1.4 12.9 2.6 11.7 Most serious offense at arrest All arrests Cocaine powder Crack cocaine Marijuana Methamphetamine Opiates Other or non-drug Profile percent 1994 2003 100.0% 32.1 18.7 24.3 10.7 9.1 5.3 100.0% 24.3 14.3 21.0 21.5 8.5 10.5 Federal Criminal Justice Trends 5 From 1994 to 2003 the Drug Enforcement Administration made more than 26,000 methamphetamine arrests, 44% of all domestic methamphetamine arrests, in 4 States: California, Texas, Arizona, and Missouri. Twenty-five percent of DEA arrests for methamphetamine were in California. Missouri (6%) California (25%) Arizona (7%) Texas (6%) Percent of total DEA methamphetamine arrests by State, 1994-2003 < 1% 1-2% 2.01-5% > 5% Figure 7 Demographic characteristics of suspects arrested for methamphetamine remained mostly the same between 1995 and 2003. Table 5. Characteristics of suspects arrested by the Drug Enforcement Administration, 1995-2003 All arrests Number and percent of arrested 1995 2003 24,486 84.1% 15.9 64.5% 33.9 0.2 1.4 41.2% 58.8 3.4% 5.8 41.7 30.1 18.9 74.4% 25.6 26,850 84.2% 15.8 70.0% 27.5 0.5 2.0 43.0% 57.0 2.0% 5.7 43.9 29.3 19.1 77.0% 23.0 Methamphetamine Number and percent of arrested 1995 2003 3,020 81.9% 18.1 93.8% 1.6 0.2 4.5 32.3% 67.7 1.5% 3.9 38.6 36.4 19.6 76.4% 23.6 5,766 80.2% 19.8 93.5% 2.5 0.7 3.3 40.2% 59.8 1.7% 5.3 40.9 31.1 20.9 77.9% 22.1 Not Hispanic or Latino (60%) Male (80%) White (94%) Suspect characteristics All arrestees Gender Male Female Race White Black or African American American Indian or Alaska Native Asian/Native Hawaiian or Other Pacific Islander Ethnicity Hispanic or Latino Not Hispanic or Latino Age at arrest Under 19 years 19-20 years 21-30 years 31-40 years Over 40 years Citizenship U.S. citizen Non-U.S. citizen In 2003 methamphetamine suspects were most likely to be C 21-30 years (41%) U.S. citizen (78%) 6 Federal Criminal Justice Trends Matters investigated by U.S. attorneys The number of suspects referred for immigration and weapons matters increased steadily from 1994-2003. Suspects referred for drug offenses also increased and remained the most prevalent offense of referral. Number of suspects referred to U.S. attorneys 40,000 Drug 30,000 20,000 Property Public order Immigration Weapons 10,000 Violent 0 1994 1996 1998 2000 2002 2003 Figure 8 The number of suspects in matters referred to U.S. attorneys increased an average of 3% each year from 1994-2003. Suspects referred for property offenses declined an annual average of 2%. Table 6. Suspects in matters referred to U.S. attorneys by type of offense, 1994-2003 Average annual Number of suspects referred to U.S. attorneys change 1994-2003 1994 1999 2002 2003 99,251 5,570 32,579 28,491 4,088 29,311 5,996 5,526 19,143 5,059 14,084 117,994 5,768 28,011 24,200 3,811 37,313 6,982 15,539 22,816 6,332 16,484 124,335 6,392 27,321 24,019 3,302 38,150 11,200 16,699 23,472 4,738 18,734 130,078 5,688 27,375 24,261 3,114 37,416 14,022 20,341 23,717 5,366 18,351 3.1% 0.9 -1.8 -1.7 -2.8 2.9 11.4 16.8 2.7 1.2 3.6 Most serious offense investigated All matters referred Violent Property Fraudulent Other Drug offenses Weapons Immigration Public order Regulatory Other Profile percent 1994 2003 100.0% 5.7 33.2 29.0 4.2 29.9 6.1 5.6 19.5 5.2 14.4 100.0% 4.4 21.3 18.9 2.4 29.1 10.9 15.8 18.4 4.2 14.3 Federal Criminal Justice Trends 7 Immigration suspects referred to U.S. attorneys The number of suspects investigated for illegal reentry increased more than other types of immigration offenses. Number of suspects 12,000 Illegal reentry 9,000 6,000 3,000 Illegal entry Alien smuggling Misuse of visas 0 1994 Figure 9 1996 1998 2000 2002 2003 Sixty-three percent of immigration matters referred to U.S. attorneys from 1994-2003 were from the five Federal judicial districts along the U.S.-Mexico border. S. District of California (17%) District of Arizona (13%) District of New Mexico (6%) W. District of Texas (15%) S. District of Texas (12%) Percent of immigration suspects referred to U.S. attorneys (1994-2003) < 1% 1-2% 2.01-4% > 4% Figure 10 8 Federal Criminal Justice Trends Drug suspects referred to U.S. attorneys The number of suspects investigated for trafficking increased more than conspiracy and other drug offenses. Number of suspects 25,000 Trafficking 20,000 15,000 10,000 5,000 0 1994 Conspiracy Other drug offenses 1996 1998 2000 2002 2003 Figure 11 Five Federal judicial districts comprised 26% of all drug suspects referred to U.S. attorneys from 1994 to 2003. S. District of California (5%) District of Arizona (4%) W. District of Texas (7%) S. District of Texas (6%) S. District of Florida (4%) Percent of drug suspects referred to U.S. attorneys (1994-2003) < 1% 1-2% 2.01-5% > 5% Figure 12 Federal Criminal Justice Trends 9 Firearm suspects referred to U.S. attorneys Investigations of firearm suspects increased an annual average of 11% from 1994-2003. Suspects referred for firearm possession comprised 90% of firearm referrals in 2003 compared with 64% in 1994. Number of suspects 15,000 12,000 9,000 6,000 3,000 0 1994 Possession 1996 1998 2000 Transfer Other 2002 2003 Figure 13 Six Federal judicial districts each comprised 3% or more of all suspects investigated for firearm matters from 1994 to 2003. E. District of Michigan (3%) E. District of Pennsylvania (3%) E. District of Virginia (3%) E. District of Kentucky (3%) District of South Carolina (3%) S. District of Florida (3%) Percent of firearm suspects referred to U.S. attorneys (1994-2003) < 1% 1-2% 2.01-2.9% 3% and over Figure 14 10 Federal Criminal Justice Trends Matters concluded by U.S. attorneys U.S. attorneys prosecuted 80,106 suspects in 2003 compared to 50,802 in 1994. Matters concluded by U.S. magistrate increased by a yearly average of 6% from 1994-2003. Number of suspects 90,000 Prosecuted in U.S. district court 60,000 Declined 30,000 Disposed by magistrate 0 1994 1996 1998 2000 2002 2003 Figure 15 Sixty-two percent of suspects were prosecuted by U.S. attorneys in 2003, up from 54% in 1994. The median time from receipt of a matter to its disposition (prosecution, declination, disposal by U.S. magistrate) decreased from just over 3 months in 1994 to less than 2 months in 2003. The number of suspects in matters declined decreased from 36% of matters concluded in 1994 to 26% in 2003. Table 7. Suspects in matters concluded by U.S. attorneys by disposition and median case processing time, 1994-2003 Percent of all matters concluded 1994 2003 All suspects Prosecuted before U.S. district court judge Declined prosecution Concluded by U.S. magistrate 100.0% 53.5 36.2 10.3 100.0% 62.3 26.2 11.5 Average annual change 1994-2003 3.5% 5.2 -0.1 5.5 Median case processing time 1994 2003 3.3 mo 0.9 12.7 1.0 1.7 mo 0.9 13.7 2.1 Number 1994 2003 94,980 50,802 34,424 9,754 128,518 80,106 33,602 14,810 Federal Criminal Justice Trends 11 Judicial and sentencing trends I. Initial hearing/Pretrial release The number of defendants terminating pretrial services increased by an average of 6% each year from 1994 to 2003. Number of defendants 80,000 Total terminating pretrial release Detained anytime prior to disposition Released anytime prior to disposition 60,000 40,000 20,000 0 1994 1996 1998 2000 2002 2003 Figure 16 The number of defendants detained at anytime prior to trial increased by an annual average of 9%. Nearly a third of detained defendants terminating pretrial services were charged with a drug offense. Defendants charged with immigration offenses had the largest increase of those receiving pretrial detention. The percent of defendants detained prior to case termination increased from 58% in 1994 to 76% by 2003. Table 8. Number of pretrial defendants detained at any time prior to case termination, by offense Number of defendants terminating pretrial services 1994 1999 2002 2003 45,584 26,299 2,478 3,138 14,292 1,747 3,225 1,419 65,559 44,626 2,778 4,301 21,221 1,900 11,440 2,986 71,572 52,515 2,549 5,531 23,346 3,670 13,966 3,407 76,305 57,856 2,611 5,930 23,578 4,763 17,232 3,655 Average annual change 1994-2003 6.0% 9.3 1.1 7.5 5.9 12.7 21.5 11.5 Most serious offense charged All cases terminated All defendants detained Violent Property Drug offenses Weapons Immigration Public order Profile percent 1994 2003 100.0% 57.7 5.4 6.9 31.4 3.8 7.1 3.1 100.0% 75.8 3.4 7.8 30.9 6.2 22.6 4.8 12 Federal Criminal Justice Trends Five Federal judicial districts along the Southwest U.S. border comprised 48% of the growth in persons detained at any time prior to trial from 1994 to 2003. S. District of California (4%) District of Arizona (16%) District of New Mexico (6%) W. District of Texas (8%) S. District of Texas (14%) Percent of growth in defendants detained prior to trial (1994-2003) < 1% 1-3% 3.01-6% > 6% Figure 17 Unsecured bond remained the primary method of release for defendants released any time prior to case disposition during the 1994-2003 period. Number of released defendants 20,000 15,000 Unsecured bond 10,000 Personal recognizance Financial release 5,000 Conditional release 0 1994 1996 1998 2000 2002 2003 Figure 18 Federal Criminal Justice Trends 13 A greater percentage of defendants released prior to trial violated a condition of their release (technical violation, new crime, failure to appear) in 2003 (20%) compared with 1994 (15%). Table 9. Behavior of defendants released prior to trial by offense, 1994 and 2003 1994 Total Behavior of defendants released prior to trial C defendants No Technical New Failure to released violations violations crime appear 27,607 1,174 9,748 9,814 1,478 1,357 3,959 84.8% 79.2 89.8 76.3 79.5 96.0 93.4 10.9% 15.8 6.9 17.7 14.1 1.5 4.9 3.2% 4.5 2.7 4.2 5.9 1.0 1.2 2.3% 2.2 1.5 3.8 2.2 1.7 1.1 2003 Total Behavior of defendants released prior to trial C defendants No Technical New Failure to released violations violations crime appear 31,613 1,156 10,349 10,776 2,562 1,463 5,240 80.2% 77.7 87.7 70.2 68.5 81.7 91.9 18.2% 20.9 11.2 27.8 28.7 16.5 7.3 3.4% 3.0 2.3 4.9 6.9 2.3 1.3 2.2% 2.8 1.4 3.1 2.7 4.3 1.0 Most serious offense All offenses Violent Property Drug Weapons Immigration Public-order 14 Federal Criminal Justice Trends Most defendants in pretrial cases commenced from 1994-2003 had a prior conviction. The proportion of pretrial defendants with a prior conviction at initial hearing has been increasing. Percent of defendants 60% Prior conviction 50 40 30 20 No criminal history Prior arrest only 10 0 1994 1996 1998 2000 2002 2003 Figure 19 The characteristics of defendants with a prior conviction varied modestly from all offenders. Table 10. Characteristics of defendants at initial hearing in Federal district court, 1994-2003 All defendants at initial hearing 1994 2003 49,853 83.8% 16.2 65.6% 30.2 1.5 2.7 31.1% 68.9 4.3% 3.0 37.9 29.9 25.0 74.7% 25.3 83,419 85.2% 14.8 71.0% 24.6 2.0 2.5 44.1% 55.9 3.8% 2.9 39.6 30.0 23.7 63.4% 36.6 Defendants with a prior conviction 1994 2003 23,690 90.7% 9.3 60.6% 36.4 1.7 1.3 26.7 % 73.3 2.6% 2.5 39.3 33.0 22.5 81.1% 18.9 48,919 90.7% 9.3 67.3% 29.2 2.1 1.4 42.0% 58.0 2.0% 2.2 40.3 32.8 22.7 67.1% 32.9 Not Hispanic or Latino (58%) Male (91%) White (67%) Defendant characteristics All defendants Gender Male Female Race White Black or African American American Indian or Alaska Native Asian/Native Hawaiian or Other Pacific Islander Ethnicity Hispanic or Latino Not Hispanic or Latino Age at arrest Under 19 years 19-20 years 21-30 years 31-40 years Over 40 years Citizenship U.S. citizen Non-U.S. citizen In 2003 defendants with a prior conviction were most likely to be C 21-30 years (40%) U.S. citizen (67%) Federal Criminal Justice Trends 15 II. Cases filed and terminated in U.S. district court From 1994 to 2003, 23% of criminal cases were filed in Federal judicial districts along the Southwest U.S. border. District of New Mexico (2%) S. District of California (5%) District of Arizona (5%) W. District of Texas (6%) S. District of Texas (5%) Percent of all cases filed in U.S. district court, 1994-2003 < 1% 1-2.9% 3-4.9% 5% and more Figure 20 Defendants in criminal cases concluded in U.S. district court increased at a yearly average of 4% from 1994 to 2003 with immigration offenses increasing at the greatest rate. The percent of defendants convicted increased for all types of felonies. Table 11. Number of defendants in cases concluded in U.S. district court and percent convicted, 1994-2003 Defendants in cases concluded Average annual change 1994-2003 3.8% 5.3 -0.4 1.5 4.2 9.7 24.0 0.0 -2.7 Percent of defendants convicted 1994 2003 82.6% 86.2 87.9 87.3 85.9 85.2 92.2 81.0 70.4 89.1% 92.1 90.5 91.2 91.9 89.8 96.6 86.4 68.1 Most serious offense charged All offenses Felonies Violent offenses Property offenses Drug offenses Weapon offenses Immigration offenses Public-order offenses Misdemeanors Percent 1994 2003 100.0% 77.0 5.3 21.5 32.9 6.0 3.9 7.5 23.0 100.0% 87.4 3.6 17.6 33.6 9.6 17.8 5.3 12.6 Number 1994 2003 61,404 47,292 3,227 13,182 20,219 3,673 2,371 4,620 14,111 85,106 74,370 3,040 14,965 28,597 8,147 15,149 4,472 10,736 16 Federal Criminal Justice Trends Three Federal judicial districts had a trial rate (percent of bench or jury trials of all concluded cases) that was more than double the national average of 6% from 1994-2003. Three districts had a trial rate that was less than half the national average. District of Rhode Island (12%) District of Arizona (2%) District of New Mexico (2%) S. District of California (1%) M. District of Alabama (15%) N. District of Florida (16%) Percent of all felony cases concluded in each Federal judicial district that ended in trial (1994-2003) < 3% 3-7% 7.01-10% > 10% Figure 21 The proportion of all defendants convicted in the Federal courts increased from 83% during 1994 to 89% in 2003. The median case processing time from case filing to disposition increased from 5 months in 1994 to 6 months in 2003. Cases concluded before a jury declined from 4,639 in 1994 to 2,909 in 2003. Table 12. Adjudication outcomes of defendants in cases concluded in U.S. district courts and median case processing time, 1994-2003 Average annual change 1994-2003 3.8% 4.7% 5.3 -4.6 1.7 4.0 -1.2% -0.6 -5.1 -4.0 Adjudication outcomes All defendants in cases concluded Convicted Guilty plea Jury trial Bench trial No contest Not convicted Dismissed Acquitted by jury Acquitted by court Percent 1994 2003 100.0% 82.6% 74.8 6.3 0.8 0.6 17.4% 15.3 1.3 0.9 100.0% 89.1% 85.3 2.9 0.4 0.5 10.9% 10.0 0.6 0.3 Number 1994 2003 61,404 50,701 45,958 3,857 495 391 10,703 9,366 782 555 85,106 75,805 72,589 2,431 333 452 9,301 8,541 478 282 Median case processing time 1994 2003 5.4 mo 5.4 mo 5.2 9.6 0.3 0.0 5.1 mo 5.4 6.0 0.0 6.1 mo 6.1 mo 6.0 13.2 4.4 0.0 6.0 mo 6.2 6.5 0.0 Federal Criminal Justice Trends 17 In 2003 the most common types of counsel at case termination were public defender and Criminal Justice Act appointed counsel. Number of defendants in cases terminated 30,000 Public defender Criminal Justice Act (CJA) appointment 20,000 Private 10,000 Waived/self represented 0 1994 1996 1998 2000 2002 2003 Figure 22 Type of counsel at case termination varied by type of offense: In 2003 more than 40% of the caseload for Criminal Justice Act-appointed and private counsel was made up of drug offenses. Immigration offenses comprised almost one-third of the caseload for public defenders in 2003. Table 13. Type of counsel of defendants in cases terminated by offense, adjudication outcome, and median case processing time, 1994-2003 CJA appointment 1994 2003 Total cases concluded All offenses Felonies Violent offenses Property offenses Drug offenses Weapon offenses Immigration offenses Public-order offenses Misdemeanors All outcomes Convicted Guilty plea Jury trial Bench trial No contest Not convicted Dismissed Acquitted by jury Acquitted by court Median case processing time 18,503 100.0% 90.7 6.8 21.1 44.6 7.8 4.1 6.2 9.3 100.0% 88.4 78.7 9.1 0.4 0.3 11.6 9.7 1.5 0.3 6.3mo. 27,828 100.0% 95.2 4.0 16.2 43.3 9.1 18.7 3.9 4.8 100.0% 93.6 89.6 3.8 0.2 0.1 6.4 5.7 0.6 0.1 6.7mo. Private counsel 1994 2003 21,408 100.0% 85.1 2.5 27.7 36.9 4.4 1.3 12.3 14.9 100.0% 88.2 79.5 7.3 0.6 0.7 11.8 9.5 1.7 0.6 6.1mo. 22,198 100.0% 92.8 2.0 24.8 42.4 8.2 5.7 9.7 7.2 100.0% 92.0 87.5 3.9 0.4 0.2 8.0 6.9 0.9 0.2 7.7mo. Public defender 1994 2003 13,073 100.0% 80.8 10.3 22.3 25.1 8.8 9.9 4.4 19.2 100.0% 89.5 84.6 4.4 0.3 0.2 10.5 9.3 0.9 0.3 4.7mo. 28,481 100.0% 90.5 5.0 16.4 22.3 12.8 30.1 3.9 9.5 100.0% 93.2 91.1 1.7 0.3 0.1 6.8 6.3 0.4 0.1 5.2mo. Waived/self representation 1994 2003 5,470 100.0% 4.4 0.1 1.4 1.4 0.5 0.2 0.8 95.6 100.0% 65.3 57.2 0.5 4.8 2.8 34.7 28.7 0.0 6.1 0.1 mo. 4,437 100.0% 2.0 0.1 0.5 0.7 0.2 0.2 0.2 98.0 100.0% 62.1 51.3 0.4 2.2 8.3 37.9 33.9 0.0 4.0 1.0 mo. 18 Federal Criminal Justice Trends Defendants convicted in U.S. District courts in 1996 differed from those convicted in 2003. Table 14. Characteristics of defendants convicted in U.S. district courts, 1996 and 2003 Number and percent of defendants convicted 1996 2003 In 2003 compared to 1996, there was an increase in the share of C 53,076 84.3% 15.7 65.0% 30.0 5.0 31.3% 68.7 0.7% 4.0 37.1 31.4 26.7 72.1% 27.9 47.3% 52.7 40.5% 29.7 21.9 7.9 75,805 86.8% 13.2 71.2% 24.8 4.0 42.6% 57.4 0.7% 4.2 39.2 31.0 24.9 64.1% 35.9 37.4% 62.6 47.6% 29.7 17.0 5.7 Male defendants White defendants Suspect characteristics All defendants Gender Male Female Race White Black or African American Other* Ethnicity Hispanic or Latino Not Hispanic or Latino Age at arrest Under 19 years 19-20 years 21-30 years 31-40 years Over 40 years Citizenship U.S. citizen Non-U.S. citizen Criminal record No convictions Prior adult convictions Education Less than high school graduate High school graduate Some college College graduate Hispanic or Latino defendants Defendants ages 21-30 years Non-U.S. citizen defendants Defendants with a prior conviction Defendants with less than a high school education *Includes “American Indian or Alaska Native,” “Asian,” and “Native Hawaiian or Other Pacific Islander.” Federal Criminal Justice Trends 19 III. Defendants sentenced Seventy-six percent of sentenced defendants received some imprisonment in 2003 compared with 65% in 1994. The percent of sentenced defendants receiving a prison sentence increased across all felony offenses for the 10-year period. Table 15. Number of defendants convicted in U.S. district courts and percent receiving prison sentence, by offense Average annual change 1994-2003 4.7% 6.1 0.0 2.1 5.4 9.4 24.7 1.1 -2.4 Percent of convicted defendants sentenced to prison 1994 2003 65.1% 78.4 93.1 57.7 91.3 89.8 86.3 59.9 17.6 76.0% 83.3 93.2 59.7 92.0 92.3 87.3 70.1 20.7 Most serious offense of conviction All offenses Felonies Violent offenses Property offenses Drug offenses Weapon offenses Immigration offenses Public-order offenses Misdemeanors Number of defendants convicted 1994 1999 2002 2003 50,701 39,624 2,704 11,113 16,400 3,232 2,152 4,023 11,072 66,055 55,864 2,715 12,232 23,476 3,423 9,357 4,661 10,118 71,798 63,238 2,578 13,101 26,234 5,563 11,132 4,630 8,499 75,805 67,036 2,643 13,311 25,582 6,970 14,199 4,331 8,767 During 2003 the average prison sentence was greatest for violent (98 months), weapons (84 months), and drug offenders (82 months). Average sentence (months) 120 mos 100 80 60 40 20 0 Violent Weapons Drug Public order Immigration Property 1994 Figure 23 1996 1998 2000 2002 2003 20 Federal Criminal Justice Trends The average prison sentence imposed decreased from 63 months in 1994 to 59 months in 2003. The number of defendants sentenced to prison increased at a yearly average of 7% over the 10-year period. Table 16. Defendants receiving a prison sentence and mean sentence imposed in months, 1994-2003 Average Mean prison sentence annual imposed (in months) change 1994-2003 1994 2003 6.5% 6.9 0.0 2.5 5.5 9.7 24.8 3.1 0.0 62.6 mo 65.6 92.3 26.4 83.9 83.2 22.9 36.3 12.3 58.9 mo 60.4 97.6 27.4 81.5 84.0 26.7 43.1 9.1 Most serious offense of conviction All offenses Felonies Violent Property Drug Weapons Immigration Public order Misdemeanors Percent 1994 2003 100.0% 94.1 7.6 19.4 45.3 8.8 5.6 7.3 5.9 100.0% 96.8 4.3 13.8 40.9 11.2 21.5 5.3 3.2 Number 1994 2003 33,022 31,070 2,518 6,411 14,973 2,901 1,857 2,410 1,948 57,629 55,811 2,462 7,948 23,544 6,431 12,390 3,036 1,818 Probation-only sentences imposed decreased at an annual average of 1% across the 10-year period. Table 17. Defendants receiving a probation-only sentence, 1994-2003 Average annual change 1994-2003 -1.3% -0.3 -1.2 -0.2 0.4 6.9 18.4 -0.4 -2.8 Most serious offense of conviction All offenses Felonies Violent Property Drug Weapons Immigration Public order Misdemeanors Percent 1994 2003 100.0% 60.1 1.3 33.9 9.4 2.3 1.7 11.5 39.9 100.0% 65.4 1.1 36.6 10.6 3.9 3.6 9.6 34.6 Number 1994 2003 12,781 7,677 164 4,327 1,204 296 217 1,469 5,103 11,322 7,406 130 4,143 1,204 436 406 1,087 3,914 Federal Criminal Justice Trends 21 Most Federal judicial districts (81 out of 94) sentenced defendants within the ranges determined by the U.S. Sentencing Guidelines at least 60% of the time from 1994-2003. N. District of W. Virginia (87%) E. District of Virginia (90%) S. District of W. Virginia (86%) Percent of defendants sentenced within U.S. Sentencing Guideline range, 1994-2003 < 60% 60-70% 70.01-80% > 80% : Nine districts missing 10% or more of departure information Figure 24 Defendants convicted and sentenced for property and violent offenses were more likely to be sentenced within the ranges determined by the U.S. Sentencing Guidelines than defendants convicted of drug or immigration offenses from 1994-2003. The percent of immigration offenders sentenced within the guidelines decreased from 91% in 1994 to 69% in 2003. Percent of defendants sentenced within guidelines 100% Immigration 80 60 40 20 0 1994 Property Violent Total Drug 1996 1998 2000 2002 2003 Figure 25 22 Federal Criminal Justice Trends Sixty-nine percent of defendants sentenced in 2003 received sentences within ranges set forth under the Federal sentencing guidelines (compared with 72% in 1994). Substantial assistance departures (where a defendant receives a reduction in the guideline sentence for assisting the Government) comprised 16% of sentences in 2003 compared with 20% in 1994. One percent or less of defendants sentenced between 1994 and 2003 received an upward departure (where a defendant receives a more severe sentence due to aggravating factors). Table 18. Defendants sentenced under the U.S. Sentencing Guidelines, 1994 and 2003 1994 Total defendants Within Downward Substantial Upward sentenced guidelines departure assistance departure 39,971 2,724 10,544 16,753 4,840 2,720 2,338 71.7% 75.0 81.1 60.8 75.3 77.3 90.7 7.6% 10.7 7.0 7.2 7.9 9.4 7.2 19.6% 10.7 10.7 31.5 15.3 11.5 1.1 1.2% 3.6 1.1 0.6 1.6 1.9 1.1 2003 Total defendants Within Downward Substantial Upward sentenced guidelines departure assistance departure 70,258 2,555 14,192 26,640 5,533 6,947 14,051 69.4% 75.7 78.2 62.4 72.3 76.8 68.5 13.8% 11.7 7.7 10.9 13.8 9.2 28.7 15.9% 9.4 13.2 26.1 12.5 12.5 2.6 0.8% 3.2 0.9 0.6 1.4 1.4 0.3 Most serious offense All offenses Violent offenses Property offenses Drug offenses Public-order offenses Weapon offenses Immigration offenses The percent of drug offenders sentenced who received a statutory minimum sentence of 5 years or more under the Federal sentencing guidelines decreased from 66% in 1996 to 60% in 2003. Percent of drug defendants sentenced 100% 80 60 40 20 Statutory minimum sentence of 5 years or more imposed Statutory minimum sentence of 5 years or more not imposed 1998 2000 2002 2003 0 1996 Figure 26 Federal Criminal Justice Trends 23 Just over half (54%) of defendants sentenced under the Federal sentencing guidelines from 1994-2003 were assigned the lowest criminal history score level as determined by the guidelines at sentencing. Percent distribution of defendants sentenced under U.S. Sentencing Guidelines, by the final cell used to determine sentence Criminal history score Row total Least severe Most severe Offense severity score Least Zone A 1 severe 2 3 4 5 6 7 8 Zone B 9 10 Zone C 11 12 Zone D 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Most 42 severe 43 Column total I --% 1 -2 -3 1 2 2 4 1 3 4 1 3 1 2 1 2 1 3 1 2 1 2 1 2 1 2 -1 -1 ----------54% 266,745 II --% ----1 ---1 --1 -------1 -1 -----1 --------------11% 55,060 III --% ----1 ---1 -1 1 ---1 ---2 -1 -1 ---1 -1 ------------14% 69,162 IV --% --------1 ----------2 ----------------------8% 39,111 V VI Percent Number --% --% --% 105 --1% 5,913 ----% 1,925 --3% 14,532 --1% 3,076 --5% 23,667 --2% 11,117 --3% 16,774 --3% 12,262 -1 6% 31,548 --2% 11,492 --4% 21,378 --7% 34,549 --2% 9,069 --4% 20,129 --2% 7,462 --4% 20,487 --1% 7,103 --4% 17,754 --1% 6,540 1 2 10% 51,345 --1% 6,547 --5% 25,295 --1% 6,509 --4% 18,326 --1% 6,205 --3% 16,157 --1% 4,694 -1 4% 20,275 --1% 5,464 -1 3% 16,932 --1% 5,057 --2% 9,080 -1 1% 7,314 --1% 6,215 --1% 2,825 --1% 3,543 --1% 2,677 ----% 1,404 ----% 1,959 ----% 816 ----% 983 ----% 2,202 5% 9% 100% -23,074 45,554 -498,706 Note: Offense severity score is the final offense level as determined by the court and ranges from 1 to 43. Criminal history category (1B6) is the final criminal history category as determined by the court. --Less than 1 percent. Detail percentages may not sum to totals due to rounding. Figure 27 24 Federal Criminal Justice Trends The safety valve provision permits the court to impose a sentence without regard to the statutory drug minimum taking into account the defendant’s criminal history, role in offense and cooperation with authorities as well as whether offense involved death/injury, weapons or violence (see: 18 U.S.C. § 3553(f)). Drug defendants in 3 Federal judicial districts received the safety valve provision at nearly double the national rate of 30%. E. District of New York (58%) District of New Jersey (52%) S. District of Florida (58%) Percent of drug defendants sentenced receiving safety valve provision by Federal judicial district, 1998-2003 < 15% 15-29.9% 30-45% > 45% Figure 28 The safety valve provision was increasingly used for drug offenders over this period: 38% of drug defendants received the safety valve provision in 2003 compared with 25% in 1998. Table 19. Federal drug offenders sentenced under the Federal Sentencing Guidelines and receiving safety valve, 1998-2003 Drug defendants sentenced Year Number 1998 1999 2000 2001 2002 2003 20,267 22,566 23,424 24,349 25,692 26,047 Drug defendants receiving safety valve Number Percent 4,814 5,053 5,547 5,566 8,470 8,802 25.3% 24.9 26.1 25.4 37.4 38.3 Federal Criminal Justice Trends 25 Some offenders assisting the Government in investigations and prosecution of others met the criteria for a reduction in sentence under Rule 35(b) of the Federal Rules of Criminal Procedure. Twenty-nine percent of Rule 35(b) defendant resentencings from 1992 to 2001 occurred in four Federal judicial districts. S. District of S. District of Illinois (5%) E. District of Virginia (11%) M. District of Florida (6%) S. District of Florida (7%) Percent of defendants resentenced under Rule 35(b), 1992-2001 < 1% 1 - 3.9% 4 - 8% > 8% Figure 29 Between 1992 and 2001, average sentence length reductions for prisoners resentenced under Rule 35(b) ranged from 36% to 43%. Table 20. Federal offenders resentenced pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure after providing substantial assistance to the Government, 1992-2001 Year entering Number of prison offenders 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 1,210 1,761 1,676 1,517 1,650 1,700 1,839 1,838 1,940 1,769 Average sentence imposed Original New 138.0 mo. 136.6 132.8 126.1 125.3 119.6 117.1 114.3 111.5 104.4 80.3 mo. 77.8 80.0 73.2 73.7 71.2 72.2 73.0 69.6 65.5 Average percent reduction 42% 43 40 42 41 40 38 36 38 37 26 Federal Criminal Justice Trends IV. Cases appealed Guideline-based appeals comprised 85% of appeals terminated from 1994-2003. Number of appeals terminated 6,000 5,000 4,000 3,000 2,000 1,000 0 Appeal type Conviction and sentence Sentence only Conviction only (Crime committed prior to 1987) Conviction only 1994 1996 1998 2000 2002 2003 Figure 30 Criminal appeals increased an annual average of 2% from 1994-2003 with the bulk of this growth occurring among appellants with an immigration offense as the most serious offense of conviction. The rate of appeals per 100 convictions decreased from 21 appeals per 100 convictions in 1994 to 16 appeals per 100 convictions in 2003. The rate of appeals for drug offenses decreased the most over this period. Table 21. Number of criminal appeals filed in U.S. district court, 1994-2003 Average annual change 1994-2003 1.7% -3.0 -0.1 -0.7 -0.7 6.0 25.5 Number of convictions 1994 2003 50,701 2,704 11,113 16,400 4,023 3,232 2,152 75,805 2,643 13,311 25,582 4,331 6,970 14,199 Appeals per 100 convictions 1994 2003 21 32 18 31 26 35 12 16 23 14 18 21 24 13 Offense of conviction All offenses Violent offenses Property offenses Drug offenses Public-order offenses Weapon offenses Immigration offenses Percent 1994 2003 100.0% 8.3 18.8 49.3 10.0 11.0 2.5 100.0% 5.3 16.2 40.0 7.8 14.7 16.0 Number 1994 2003 10,674 856 1,949 5,102 1,037 1,141 261 11,968 601 1,842 4,565 894 1,681 1,821 Federal Criminal Justice Trends 27 Most criminal appeals terminated from 1994 to 2003 (77%) were terminated on the merits of the case; and, of these, the majority (85%) affirmed the decision of the lower court in whole or in part. Number of appeals terminated 10,000 Terminated on the merits 8,000 6,000 4,000 Procedural terminations 2,000 0 1994 1996 1998 2000 2002 2003 Figure 31 Number of appeals terminated on the merits 8,000 Affirmed 6,000 4,000 2,000 Reversed 0 1994 1996 1998 2000 Dismissed Affirmed in part 2002 2003 Figure 32 28 Federal Criminal Justice Trends Corrections trends I. Offenders in the custody and under the jurisdiction of the Federal Bureau of Prisons Most offenders under the jurisdiction of the Federal Bureau of Prisons were classified as medium or low custody from 1995-2003. Percent of inmates under BOP jurisdiction 50% 40 Custody level Low 30 20 10 0 1995 Medium Minimum Maximum 1997 1999 2001 2003 Figure 33 Offenders under the jurisdiction and in custody of the Federal Bureau of Prisons increased at similar rates from 1994 to 2003 C an average annual rate of 7%. Number of inmates 175,000 150,000 125,000 100,000 75,000 50,000 25,000 0 1994 Jurisdiction Custody 1996 1998 2000 2002 2003 Figure 34 Federal Criminal Justice Trends 29 II. Offenders in the custody of the Federal Bureau of Prisons Drug offenders comprised 57% of the Federal prison population in 2003 compared with 61% in 1994. Immigration (24%) and weapon offenders (10%) increased at the greatest rate from 1994 to 2003. Table 22. Offenders in the custody of the Federal Bureau of Prisons at fiscal yearend by major offense category, 1994-2003 Average annual change 1994-2003 6.8% 2.2 3.5 6.1 10.1 24.4 7.3 Commitment offense All offenses Violent Property Drug Weapons Immigration Public-order 1994 Number 1999 2002 2003 Percent 1994 2003 100.0% 13.3 9.5 60.7 8.1 3.0 5.4 100.0% 8.9 7.0 56.7 10.6 11.2 5.6 84,253 118,265 143,031 152,459 11,111 13,121 13,549 13,525 7,880 8,581 10,100 10,634 50,555 67,925 81,052 85,789 6,769 9,439 13,725 16,014 2,486 10,156 15,571 16,903 4,512 6,711 7,951 8,438 30 Federal Criminal Justice Trends Characteristics of the Federal prison population changed moderately from 1994 to 2003. Table 23. Characteristics of offenders in the custody of the Federal Bureau of Prisons, 1994-2003 All offenses Number and percent 1994 2003 Drug offenses Number and percent 1994 2003 50,555 91.2% 8.8 61.9% 36.8 0.3 1.1 31.3% 68.7 0.1% 1.0 31.6 36.4 30.9 71.8% 28.2 85,789 92.0% 8.0 53.9% 44.5 0.4 1.2 33.0% 67.0 0.2% 3.2 44.2 32.3 20.2 74.1% 25.9 Male (92%) In 2003 offenders in Federal prison for a drug offense were most likely to be C Offender characteristics All inmates 84,253 152,459 Gender Male 92.1% 93.1% Female 7.9 6.9 Race White 62.1% 58.1% Black or African American 35.3 39.0 American Indian or Alaska Native 1.5 1.6 Asian/Native Hawaiian or Other Pacific Islander 1.1 1.3 Ethnicity Hispanic or Latino 25.1% 32.1% Not Hispanic or Latino 74.9 67.9 Age at fiscal yearend Under 19 years 0.1% 0.4% 19-20 years 1.3 3.3 21-30 years 30.1 41.3 31-40 years 35.9 33.0 Over 40 years 32.6 22.1 Citizenship U.S. citizen 77.5% 72.2% Non-U.S. citizen 22.5 27.8 White (54%) Not Hispanic or Latino (67%) 21-30 years old (44%) U.S. citizen (74%) Male offenders comprised 93% of inmates in the custody of the Federal Bureau of Prisons in 2003 and increased an annual average of 7% from 1994 to 2003; females comprised 7% of inmates in 2003 and increased by an annual average of 6% from 1994 to 2003. Number of inmates 150,000 125,000 100,000 75,000 50,000 25,000 0 1994 Males Females 1996 1998 2000 2002 2003 Figure 35 Federal Criminal Justice Trends 31 Twenty-six percent of offenders in the custody of the Federal Bureau of Prisons in 2003 had been incarcerated more than 5 years compared with 9% of offenders in 1994. Percent of Federal inmates 60% 50 Time served at fiscal yearend Less than 2 years 40 30 20 10 0 2-5 years More than 5 years 1994 1996 1998 2000 2002 2003 Figure 36 Inmates 50 years and older comprised 13% of the population in the custody of the Federal Bureau of Prisons and 22% of the inmates who had served 5 years or more at fiscal yearend 2003. Table 24. Characteristics of inmates in the custody of the Bureau of Prisons, by age at fiscal yearend, 1994 and 2003 60 and older 1994 2003 2,370 2.9% 2.3 3.8% 1.4 2.5 2.2 2.0% 3.2 2.4% 2.8 5.8 2.4% 5.5 2.4 1.7 0.4 7.9 4,908 3.2% 3.1 4.4% 1.5 3.0 3.9 2.2% 3.7 2.3 % 2.2 6.0 3.7 % 7.1 2.8 2.0 0.7 9.0 Age of inmate 50-59 years 1994 2003 7,535 9.2% 8.3 11.6% 5.0 5.6 9.2 8.2% 9.5 7.9% 9.5 15.7 8.0% 15.5 8.4 6.5 2.2 17.4 14,641 9.5% 10.5 11.6% 6.7 7.6 10.6 7.8% 10.5 7.1% 7.6 16.3 13.0% 15.9 8.9 7.6 4.7 16.7 Under 50 years 1994 2003 72,313 87.8% 89.4 84.6% 93.6 91.8 88.6 89.8% 87.3 89.7% 87.7 78.5 89.6% 79.0 89.2 91.8 97.3 74.6 132,882 87.2% 86.4 84.0% 91.8 89.3 85.5 90.0% 85.9 90.6% 90.2 77.7 83.3% 77.0 88.3 90.5 94.6 74.3 Suspect characteristics All inmates Gender Male Female Race White Black or African American Native American or Alaska Native Asian/Native Hawaiian or Other Pacific Islander Ethnicity Hispanic or Latino Not Hispanic or Latino Time served Less than 2 years 2-5 years More than 5 years Commitment offense Violent Property Drug Weapon Immigration Public order 32 Federal Criminal Justice Trends Expected time to be served in Federal prison increased an average of 5% each year (1987-2003) from 23 months in 1987 to 48 months in 2003. Actual time served also increased an average of 5% each year over the same period from 15 months in 1987 to 33 months in 2003. Number of months 50 mos 40 30 20 10 0 1987 Expected time to be served for Federal offenders committed to prison Actual time served of Federal offenders released from prison 1991 1995 1999 2003 Figure 37 Of offenders who had been released from Federal prison for the first time, the average prison time served was 33 months in 2003 compared with 25 months in 1994. Increases in average time served were greatest for weapon offenders followed by immigration, and drug offenders. Table 25. Number of first releases from Federal prison, by offense, and mean time to first release, 1994-2003 Average annual change 1994-2003 4.2% 1.9 0.6 3.0 10.0 9.6 2.0 Commitment offense All offenses Violent offenses Property offenses Drug offenses Weapon offenses Immigration offenses Public-order offenses Percent 1994 2003 100.0% 5.9 22.0 41.2 4.9 16.9 9.0 100.0% 4.9 16.2 37.4 7.9 26.0 7.5 Number 1994 2003 28,409 1,667 6,202 11,650 1,397 4,777 2,553 40,780 1,971 6,533 15,052 3,184 10,479 3,013 Mean time served 1994 2003 24.5 mo 53.0 15.4 33.9 26.5 5.9 19.8 32.9 mo 63.5 16.4 44.3 42.7 21.1 25.4 Federal Criminal Justice Trends 33 III. Offenders on Federal supervision The number of offenders on supervision (probation, supervised release, and parole) increased an average of 3% per year from 1994 to 2003. More than two of three offenders on Federal supervision in 2003 were on supervised release. Percent of Federal offenders on supervision 80% Type of supervision Supervised release 60 40 Probation 20 0 1987 Parole 1989 1991 1993 1995 1997 1999 2001 2003 Figure 38 Drug offenses surpassed property offenses as most common offense of offenders under Federal supervision. Forty-two percent of defendants under supervision were convicted of drug offenses in 2003 compared with 32% in 1994. Table 26. Offenders under Federal supervision at fiscal yearend, by offense 1994-2003 Average annual change 1994-2003 2.6% 3.3 3.9 0.3 5.7 6.4 8.9 1.1 -2.9 Commitment offense All offenses Felonies Violent offenses Property offenses Drug offenses Weapon offenses Immigration offenses Public-order offenses Misdemeanors 1994 86,904 73,978 4,504 28,276 28,039 3,883 1,075 8,162 12,296 Number of offenders 1999 2002 96,044 85,372 5,468 28,128 37,688 4,121 1,323 8,355 10,672 107,367 97,518 6,281 29,268 44,980 5,662 2,095 9,039 9,849 2003 108,976 99,172 6,328 29,011 45,981 6,648 2,180 8,838 9,804 Percent of offenders 1994 2003 100.0% 85.1 5.2 32.5 32.3 4.5 1.2 9.4 14.9 100.0% 91.0 5.8 26.6 42.2 6.1 2.0 8.3 9.0 34 Federal Criminal Justice Trends Offenders under supervised release increased at an average annual rate of 9% between 1994 and 2003. Supervised release Probation Parole -20 -15 -10 -5 0 5 10 15 20 Annual average percent change (1994-2003) Figure 39 Characteristics of offenders under Federal supervision from 1994-2003 varied by type of supervision. For example, 23% of offenders on probation at yearend 2003 had a known drug history compared to 47% of offenders on supervised release and 44% of offenders on parole. Table 27. Characteristics of Federal offenders under supervision at fiscal yearend, by type of supervision, 1994-2003 Total offenders under supervision 1994 2003 86,904 108,976 79.5 20.5 70.3 26.1 1.5 2.2 0.5 2.0 26.7 33.3 37.5 32.2 35.1 22.5 10.1 31.0 69.0 78.2% 21.8 61.7% 33.5 2.1 2.7 0.4% 2.1 29.6 30.7 37.2 32.6% 36.8 22.1 8.5 40.1% 59.9 Probation 1994 2003 40,058 72.5 27.5 70.7 24.8 1.4 3.0 1.1 3.2 28.0 30.2 37.4 26.1 36.0 25.1 12.8 18.3 81.7 29,971 66.1% 33.9 67.1% 26.7 2.8 3.4 1.5% 4.5 30.2 26.6 37.2 24.8% 35.4 26.7 13.2 23.0% 77.0 Type of supervision Supervised release 1994 2003 34,091 82.2 17.8 70.1 26.6 1.6 1.8 0.0 1.4 31.7 35.7 31.1 36.2 34.8 21.1 8.0 40.8 59.2 75,766 82.2% 17.8 60.0% 35.7 1.8 2.4 0.0% 1.2 30.4 32.9 35.5 35.1% 37.4 20.6 6.9 46.7% 53.3 Parole 1994 2003 12,755 94.4 5.6 69.3 28.7 1.2 0.8 0.0 0.0 8.8 36.3 54.9 41.2 33.5 17.9 7.5 44.6 55.4 3,239 96.9% 3.1 51.4% 46.2 1.9 0.6 0.0% 0.0 5.4 16.6 78.0 43.8% 36.0 16.1 4.1 44.4% 55.6 Offender characteristic All offenders Gender Male Female Race White Black or African American Native American or Alaska Native Asian/Native Hawaiian or Other Pacific Islander Age 16-18 years 19-20 years 21-30 years 31-40 years Over 40 years Education Less than high school graduate High school graduate Some college College graduate Drug abuse Drug history No known abuse Federal Criminal Justice Trends 35 Drug offenders under Federal supervision increased from 30,198 in 1994 to 47,826 in 2003. Table 28. Characteristics of offenders under Federal supervision at fiscal yearend, 1994-2003 All offenses Percent 1994 2003 Drug offenses Percent 1994 2003 Offender characteristics In 2003 offenders under Federal supervision for a drug offense were most likely to be C All offenders 86,904 108,976 Gender Male 79.5% 78.2% Female 20.5 21.8 Race White 70.3% 61.7% Black or African American 26.1 33.5 Native American or Alaska Native 1.5 2.1 Asian/Native Hawaiian or Other Pacific Islander 2.2 2.7 Ethnicity Hispanic or Latino 17.2% 19.4% Not Hispanic or Latino 82.8 80.6 Age 16-18 years 0.5% 0.4% 19-20 years 2.0 2.1 21-30 years 26.7 29.6 31-40 years 33.3 30.7 Over 40 years 37.5 37.2 Education Less than high school graduate 32.2% 32.6% High school graduate 35.1 36.8 Some college 22.5 22.1 College graduate 10.1 8.5 Drug abuse Drug history 31.0% 40.1% No known abuse 69.0 59.9 30,198 83.9% 16.1 73.4% 24.7 0.7 1.2 27.2% 72.8 0.5% 1.8 28.5 36.7 32.5 40.2% 34.8 19.2 5.8 53.6% 46.4 47,826 82.2% 17.8 60.9% 36.7 0.8 1.6 26.9% 73.1 0.3% 1.9 32.4 33.0 32.4 39.9% 38.5 18.0 3.5 56.4% 43.6 Male (82%) White (61%) Not Hispanic or Latino (73%) 31-40 years old (33%) Less than high school education (40%) Have drug abuse history (56%) 36 Federal Criminal Justice Trends Five Federal judicial districts along the Southwest U.S. border and the Central district of California comprised 32% of the growth in offenders under Federal supervision from 1994 to 2003. District of Arizona (4%) District of New Mexico (2%) C. District of California (7%) S. District of California (1%) W. District of Texas (9%) S. District of Texas (9%) Percent of growth (1994-2003) in offenders under Federal supervision < 1% 1-2.9% 3-6% > 6% Figure 40 Parolees were more likely to violate conditions of supervision (technical violation, new crime) than offenders on supervised release or probation in 2003. Table 29. Offenders terminating Federal supervision at fiscal yearend, by type of supervision and outcome, 1994-2003 Average annual change 1994-2003 Percent Most serious offense of conviction Probation All terminations No violation/no new crime Technical violations New crime Administrative case closure/other Supervised release All terminations No violation/no new crime Technical violations New crime Administrative case closure/other Parole All terminations No violation/no new crime Technical violations New crime Administrative case closure/other 1994 2003 Number 1994 2003 100.0% 83.8 10.1 3.9 2.2 100.0% 58.2 25.7 12.3 3.8 100.0% 63.6 17.9 12.9 5.6 100.0% 80.3 11.5 6.3 1.9 100.0% 61.9 23.2 12.8 2.2 100.0% 51.9 27.6 14.7 5.8 18,989 15,899 1,918 740 426 15,489 12,433 1,775 981 300 -2.2% 10,490 6,102 2,691 1,288 398 30,585 18,917 7,085 3,922 661 12.8% 5,681 3,615 1,015 734 316 1,504 781 415 221 87 -13.1% Federal Criminal Justice Trends 37 Notes Figure notes Figure 1, p. 1. Shows the top five offenses in terms of net and percent growth in suspects arrested and booked by the U.S. Marshals Service from 1994-2003. Source: U.S. Marshals Service, Prisoner Tracking System, fiscal year. Figure 2, p. 2. The following districts are not shown on map: District of Columbia (2-6%); Puerto Rico (<1%); Guam (<1%); Virgin Islands (<1%); Northern Mariana Islands (<1%). The Western District of North Carolina did not report arrests in 1994. The map shows the percent distribution of the net increase in arrests between 1994 and 2003 (50,334) by Federal judicial district. Percentages shown are rounded. Source: U.S. Marshals Service, Prisoner Tracking System, fiscal year. Figure 3, p. 3. Source: U.S. Marshals Service, Prisoner Tracking System, fiscal year. Figure 4, p. 4. Citizenship status was missing in 13% of cases in 1994, 9% in 1998, and 7% in 2003. Yearly average of 9% missing citizenship status (19942003). Source: U.S. Marshals Service, Prisoner Tracking System, fiscal year. Figure 5, p. 4. A total of 1,044,078 suspects were arrested and booked by U.S. Marshals from 1994-2003. Of these, 9% were missing country of citizenship (948,077). Of cases with country of citizenship, 35% were non-U.S. Citizens. These 327,825 arrests are displayed by country of citizenship in map. Percentages based on non-missing cases. Source: U.S. Marshals Service, Prisoner Tracking System, fiscal year. Figure 6, p. 5. Source: Drug Enforcement Administration Defendant Statistical System, fiscal year. Figure 7, p. 6. Percent distribution based on total number of methamphetamine arrests by the Drug Enforcement Administration (N=59,903) by State. Not shown on 38 map: Alaska (0.2%); Guam (0.4%); Hawaii (1.3%); Virgin Islands, and Puerto Rico (each < 0.1%). Source: Drug Enforcement Administration Defendant Statistical System, fiscal year. Figure 8, p. 7. Matters referred to U.S. attorneys by selected offenses. A matter is a referral that an assistant U.S. attorney spends more than 1 hour investigating. The most serious offense investigated is based on the criminal lead charge as determined by the assistant U.S. attorney for the criminal matter. Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 9, p. 8. Illegal reentry includes: 8 U.S.C. § 1326; Illegal entry 8 U.S.C. § 1325; alien smuggling 8 U.S.C. §§ 1322-1324, 8 U.S.C. § 1327; and misuse of visas 18 U.S.C. § 1546, 8 U.S.C. §§ 1252-1253, 8 U.S.C. §§ 1321 (lead charge). Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 10, p. 8. Percent distribution based on total number of immigration (as lead charge) matters referred to U.S. attorneys from 1994-2003 (N=127,550) by Federal judicial district. Not shown on map: District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands (each representing less than 1%). Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 11, p. 9. Drug trafficking includes: 21 U.S.C. § 841 and 21 U.S.C § 960; Conspiracy includes: 21 U.S.C. § 846 & 21 U.S.C § 963; “Other drug offenses” include: drug possession, protected location offenses, manufacturing offenses, continuing criminal enterprise offenses, sale/importation of drug paraphernalia, and transhipment of controlled substances (lead charge). Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 12, p. 9. Percent distribution based on number of drug matters referred to U.S. attorneys (as lead charge) from 1994-2003 with non-missing data (350,215) by Federal judicial district. Not shown on map: Puerto Rico (1.4%); District of Columbia (1.1%); Virgin Islands and Northern Mariana Islands (each < 1%). Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 13, p. 10. The following statutes were used to classify firearms into three categories: 18 U.S.C. §§ 922-924; 18 U.S.C §§ 929-930, 26 U.S.C § 5812, 26 U.S.C § 5822, 26 U.S.C § 5841, 26 U.S.C § 5842, 26 U.S.C § 5861 (lead charge). See Appendix Table 3 in Federal Firearm Offenders, 1992-98 (BJS Special Report, NCJ 180795, 2000). Note: Firearms matters are a subset of weapon referrals shown in Table 6. Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 14 , p. 10. Percent distribution based on number of firearm (as lead charge) matters referred to U.S. attorneys from 1994 to 2003 with non-missing data (75,135) by Federal judicial district. Not shown on map: District of Columbia (2%); Guam, Virgin Islands, Puerto Rico, Northern Mariana Islands (each < 1%). Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 15, p. 11. Excludes matters which were declined immediately. Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Figure 16, p. 12. Includes defendants who terminated pretrial services during fiscal years 1994-2003. Includes only those defendants whose cases were filed by complaint, indictment, or information. Source: Pretrial Services Agency, Pretrial Services Act Information System, fiscal year. Figure 17, p. 13. The following districts are not shown: Puerto Rico, Guam, Virgin Islands, and Northern Mariana Islands (each <1%). Based on net increase in pretrial detention between 1994 and 2003 (31,557). The percent Federal Criminal Justice Trends Notes continuing criminal enterprise, commuSource: Administrative Office of the U.S. Courts, Criminal Master File, fiscal nications facility, rent/manage drug establishment, and simple possession. year. Percentages based on non-missing Figure 23, p 20. Average prison cases. Less than 1% of cases missing sentence imposed on defendants information on mandatory-minimum convicted and sentenced to any prison Figure 18, p. 13. Includes defendants sentence. Source: U.S. Sentencing term during the fiscal year. Source: released prior to trial during the fiscal Commission, Monitoring Data Base. year. Source: Pretrial Services Agency, Administrative Office of the U.S. Courts, Criminal Master File, fiscal Pretrial Services Act Information Figure 27, p. 24. Figure depicts the year. System, fiscal year. sentencing grid used to determine Figure 24, p. 22. Map shows the rate sentence imposed. Along the vertical Figure 19, p. 15. Includes defendants at which a Federal judicial district axis are 43 offense levels which are who had an initial hearing in U.S. imposed sentences within ranges as ranked in terms of severity of offense district court from 1994-2003. Prior determined by the U.S. Sentencing from least (1) to most (43). Each criminal history is determined only for Guidelines. The rate is computed by Federal offense is associated with an those defendants whose PSA records dividing the number of sentences that offense severity score. The offense explicitly showed no prior conviction. were within guideline range by the total level is subject to modification dependSource: Pretrial Services Agency, number of sentences imposed during ing upon aggravating and mitigating Pretrial Services Act Information fiscal years 1994-2003 (based on factors. The horizontal axis shows the System, fiscal year. non-missing data). The following defendant’s criminal history score. A districts were missing 5% or more of Figure 20, p. 16. Shows the percent criminal history score of 1 corresponds distribution of cases filed calculated by departure information: C. District of CA to the mildest criminal history (including (38%); E. District of VA (25%); S. summing the number of cases filed in no prior convictions/arrests). The crimieach district and displaying the percent District of CA (18%); E. District of NY nal history score increases with the (15%); W. District of WA (16%); District magnitude and/or seriousness of the contribution to the overall total by of UT (15%): District of OR (11%); M. Federal judicial district. The following defendant’s prior criminal history. The District of TN (10%); M. District of GA districts are not shown: Puerto Rico, sentencing grid (shown in figure) is (10%); District of GU (9%); W. District Guam, Virgin Islands, Northern used to locate the cell corresponding to of NC (9%); M. District of AL (8%); W. Mariana Islands, and the District of the defendant’s final offense severity District of KY (8%); S. District of NY Columbia (comprising 3% of all cases score and criminal history score. A (7%); N. District of CA (8%); District of frequency of the final cell used to filed). Percents are rounded. Source: CO (7%); N. District of NY (7%); S. Administrative Office of the U.S. determine the defendant’s sentence District of FL (7%); District of PR (7%); was generated for all defendants Courts, Criminal Master File, fiscal S. District of GA (6%); N. District of IN year. sentenced under the Federal guide6%); and, N. District of IL (5%). lines from 1994 to 2003. This distribuFigure 21, p. 17. The trial rate is Overall, 6% of cases from 1994-2003 tion is shown in figure. For example, computed for each district by dividing were missing departure information. 3% of all defendants sentenced under the number of cases concluded in The displayed percent is rounded. the guidelines from 1994 to 2003 were which a bench or jury trial occurred into Source: U.S. Sentencing Commission, sentenced in the cell corresponding to the total number of cases concluded in Monitoring Data Base. an offense severity score of 6 and a that district. The following districts are criminal history score of 1. Darker not shown: Puerto Rico, Guam, Virgin Figure 25, p. 22. Percent of defenshading refers to cells with a relatively Islands, Northern Mariana Islands, and dants sentenced within ranges detergreater share of the total percent of the District of Columbia (trial rates mined by the U.S. Sentencing Guidesentences imposed across this 10-year range from 6% to 12%). The displayed lines based on non-missing data. A period. Lighter shading refers to cells percent is rounded. The District of maximum of 9% of cases were missing with a relatively lesser share of the total Columbia had a trial rate of 12%. departure information for a particular sentences imposed. Of 530,433 defenSource: Administrative Office of the year. Source: U.S. Sentencing dants sentenced, 31,727 were missing U.S. Courts, Criminal Master File, fiscal Commission, Monitoring Data Base. information on offense severity/criminal year. history score. A small share of defenFigure 26, p. 23. Includes defendants Figure 22, p. 18. Type of counsel at dants were sentenced under more than sentenced under Chapter 2, Part D of the time of case termination. A total of one guideline and are not displayed. the U.S. Sentencing Guidelines: 4% of cases concluded from 1994There were a total of 498,706 cases Trafficking, protected locations, 2003 were missing type of counsel. with complete information on final distribution of this net difference is shown by Federal judicial district. Source: Pretrial Services Agency, Pretrial Services Act Information System data base, fiscal year. Federal Criminal Justice Trends 39 Notes criminal history score and offense severity score. Source: U.S. Sentencing Commission, Monitoring Data Base. Figure 28, p. 25. Map shows the rate for each Federal judicial district of sentenced drug offenders who received a safety valve provision. For example Title 18 §3553(f), provides for relief from statutory minimum sentences with 1) Government’s recommendation and 2) if the defendant meets the following criteria: no more than 1 criminal history point, no use of violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with offense; offense did not result in death or serious bodily injury to any person; defendant was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in continuing criminal enterprise; defendant has truthfully provided to the Government. Percents based on non-missing data. Missing ranged from 6% of cases in 1994 to 12% in 2003 (missing safety valve and/or complete guideline application information). Source: U.S. Sentencing Commission, Monitoring Data Base. Figure 29, p. 26. The map shows the distribution of resentencing under Rule 35(b) by Federal judicial district. Rule 35(b) of the Federal Rules of Criminal Procedure permits the reduction of sentence for substantial assistance to the Government. Upon the Government’s motion within 1 year of sentencing, the court may reduce the offender’s sentence if the offender provided substantial assistance in the investigation or prosecution of another person and that the reduction in sentence complies with the Federal sentencing guidelines and policy statement by the U.S. Sentencing Commission. The Government may make a motion more than 1 year after sentencing to reduce the sentence of an offender if the information wasn’t known to the defendant 1 year or more after sentencing or the information 40 provided to the Government within 1 year of sentencing did not become useful to the Government until more than 1 year after sentencing. Source: Federal Bureau of Prisons (BOP), online Sentry System. Figure 30, p.27. Figure excludes other guideline based appeals. Source: Administrative Office of the U.S. Courts, Appeals database. Figure 31, p. 28. Source: Administrative Office of the U.S. Courts, Appeals database. Figure 32, p. 28. Figure excludes other dispositions. Source: Administrative Office of the U.S. Courts, Appeals database. Figure 33, p. 29. The number of offenders under BOP jurisdiction in 1994 is for period ending Dec. 31st. Source: Federal Bureau of Prisons as reported in Prisoners in 1994, BJS Bulletin . The number of offenders under BOP jurisdiction from 1995-2003 is for period ending Sept. 30th. Source: Federal Bureau of Prisons, State of the Bureau, . The number of offenders under BOP custody from 1994-2003 is for period ending Sept. 30th. Source: Federal Bureau of Prisons as reported in the Compendium of Federal Justice Statistics, . Figure 34, p. 29. Source: Federal Bureau of Prisons, online Sentry System. Figure 35, p. 31. Data include offenders sentenced in Federal courts (excludes persons committed by the D.C. Superior Court). Source: Federal Bureau of Prisons, online Sentry System. Figure 36, p. 32. Percentages based on non-missing cases. Data include offenders sentenced in Federal courts (excludes persons committed by the D.C. Superior Court). Source: Federal Bureau of Prisons, online Sentry System. Figure 37, p. 33. Time served calculated from prisoner’s arrival into BOP jurisdiction until first release from prison, plus any jail time served and credited. Note: Beginning in 2000, average time served is calculated for offenders in BOP custody and offenders in contract and private facilities, but not those committed for violations of the District of Columbia criminal code. Source: Federal Bureau of Prisons, online Sentry System, fiscal year. Figure 38, p. 34. Note: Data for 1987 through 1994 are based on a count of the supervised population as of June 30. Beginning in 1995 data are based on a count as of September 30. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System (FPSIS), fiscal year. Figure 39, p. 35. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System, fiscal year. Figure 40, p. 37. The difference was taken between the number of inmates under Federal supervision at fiscal yearend 1994 and in 2003. This difference provides the net growth for offenders under Federal supervision between 1994 and 2003 and the percent distribution of the net growth is displayed by Federal judicial district on the map. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System, fiscal year. Table notes Table 1, p. 1. Percentages based on non-missing cases. Missing comprised less than 1% for each year. Source: U.S. Marshals Service (USMS) Prisoner Tracking System (PTS), fiscal year. Table 2, p. 2. Percentages based on non-missing cases. In 1994 the following were missing: citizenship (13%), and gender, age, and race (each <2%). In 2003 missing included citizenship Federal Criminal Justice Trends Notes (7%) and gender, age, and race (each <2%). Source: U.S. Marshals Service (USMS), Prisoner Tracking System. Table 3, p. 3. Percentages based on non-missing cases. In 1994 missing included citizenship (6%), and gender, age and race (each <1%). In 2003 missing included citizenship (5%), and gender, age, and race (<1%). Information on suspect ethnicity not available. Source: U.S. Marshals Service (USMS), Prisoner Tracking System. Table 4, p. 5. Other or non-drug includes paraphernalia and other items. Source: Drug Enforcement Administration (DEA), Defendant Statistical System. Table 5, p. 6. Percentages based on non-missing cases. The following describes the maximum missing data for each variable across offense categories: sex (<1%), race (< 4%), ethnic (< 9%), age (<2%), and citizenship (<6%). 1995 is the base year due to missing demographic data for 1994. Source: Drug Enforcement Administration (DEA), Defendant Statistical System. Table 6, p. 7. Percentages based on non-missing cases. About 1% of cases each year are missing offense information. Source: Executive Office for the U.S. Attorney, Central System File. Table 7, p. 11. Only records which show a matter terminated by reason of declination, disposition by a U.S. Magistrate, or filed as a case in U.S. district court were selected. Matters “declined immediately” C those cases in which the U.S. attorney spent less than 1 hour investigating C were excluded. Source: Executive Office for U.S. Attorneys, Central System File, fiscal year. Table 8, p. 12. Detained defendants included defendants who were detained at any time prior to case termination. Totals include defendants whose offense category could not be determined. Source: Pretrial Services Agency, Pretrial Services Act Information System, fiscal year. Table 9, p. 14. Total includes defendants whose offense category could not be determined. Source: Pretrial Services Agency, Pretrial Services Act Information System, fiscal year. Table 10, p. 15. Source: Pretrial Services Agency, Pretrial Services Act Information System, fiscal year. Table 11, p. 16. Most serious offense is based on the offense carrying the maximum statutory penalty. Includes defendants whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. Source: Administrative Office of the U.S. Courts, Criminal Master File, fiscal year. Table 12, p. 17. Case processing time is computed from case filing to disposition. Source: Administrative Office of the U.S. Courts, Criminal Master File, fiscal year. Table 13, p. 18. Note: Most serious offense is based on the disposition offense with the most severe sentence. Includes offenders whose offense category could not be determined or whose sentence was unknown. Source: Administrative Office of the U.S. Courts, Criminal Master File, fiscal year. U.S. Courts, Criminal Master File, fiscal year. Table 16, p. 21. Note: Most serious offense is based on the disposition offense with the most severe sentence. Includes offenders whose offense category could not be determined or whose sentence was unknown. Source: Administrative Office of the U.S. Courts, Criminal Master File, fiscal year. Table 17, p. 21. Source: Administrative Office of the U.S. Courts, Criminal Master File, fiscal year. Table 18, p. 23. Percentages based on non-missing cases. Four percent of cases sentenced in 1994 were missing departure information and/or offenses information. In 2003, 8% of cases were missing departure and/or offense information. Downward departure category includes Government-initiated departures. Source: U.S. Sentencing Commission, Monitoring Data Base. Table 19, p. 25. Percents are based on non-missing data. Includes defendants sentenced under Chapter 2, Part D of the U.S. Sentencing Guidelines: Trafficking, protected locations, continuing criminal enterprise, communications facility, rent/manage drug establishment, and simple possession. Six percent of cases in 1994 were Table 14, p. 19. Percentages based on missing safety valve and/or complete non-missing cases. Offender characguideline application information. In teristics could not be determined for 2003 12% of cases were missing 16%-20% of defendants across safety valve and/or guideline applicacharacteristics in 1996. In 2003 tion information. Source: U.S. Sentencmissing information comprised less ing Commission, Monitoring Data than 1% across characteristics. Table Base. was created by matching the AOUSC Table 20, p. 26. Source: Database with master data files with the U.S. Sentenspecial data set covering all prisoner cing Commission (USSC) monitoring admissions 1986-1997 and subsesystem files and the Pretrial Services quently updated with annual Federal Agency (PSA) data files. Source: Bureau of Prisons, online Sentry Compendium of Federal Justice StatisSystem to capture resentencing. tics, . Table 21, p. 27. Offenses represent Table 15, p. 20. Percentages based on the statutory offense of conviction non-missing cases. Missing data against a defendant in a criminal comprised less than 1% for each year. appeal. Includes offenders whose Source: Administrative Office of the offense category could not be determined. Number of defendants Federal Criminal Justice Trends 41 Notes convicted derived from 1994 and 2003 defendants in cases terminated. Source: Administrative Office of the U.S. Courts, Court of Appeals File and Criminal Master File, fiscal year. Table 22, p. 30. Data includes only offenders sentenced in Federal court. Total includes prisoners whose offense category could not be determined. Source: Federal Bureau of Prisons, online Sentry System, fiscal year. Table 23, p. 31. Percentages based on non-missing cases. Data includes only offenders sentenced in Federal court. Source: Federal Bureau of Prisons, online Sentry System, fiscal year. Table 24, p. 32. Percentages based on non-missing cases. Data includes only offenders sentenced in Federal court. Source: Federal Bureau of Prisons, online Sentry System, fiscal year. Table 25, p. 33. Note: Most serious offense is based on the offense having the longest sentence. Starting in 2000 the universe for this table includes offenders in BOP custody and offenders in contract and private facilities, but not those committed for violations of the District of Columbia criminal code. Includes prisoners whose offense category could not be determined. Source: Federal Bureau of Prisons, online Sentry System, fiscal year. Table 26, p. 34. Most serious offense of conviction is based on the offense with the longest sentence imposed. Includes offenders under the three major forms of supervision: probation, supervised release, and parole. Includes offenders whose offense category could not be determined. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System. Table 27, p. 35. Percentages based on non-missing cases. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System. 42 Table 28, p. 36. Percentages based on non-missing cases. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System. Table 29, p. 37. Percentages based on non-missing cases. Excludes organizational defendants. Source: Administrative Office of the U.S. Courts, Federal Probation and Supervision Information System. Federal Criminal Justice Trends Methodology Wherever possible matters or cases were selected based on an event that The source of data for all tables in Fed- occurred during each fiscal year (October 1 through September 30) from eral Criminal Justice Trends is the Bureau of Justice Statistics (BJS) Fed- 1994 through 2003. eral justice database. The database is constructed from source files provided The offense classification procedure by the U.S. Marshals Service (USMS), used in this report is based on the classification system followed by the the Drug Enforcement Administration AOUSC. Specific offenses in the (DEA), the Executive Office for U.S. Attorneys (EOUSA), the Administrative AOUSC classification are combined to Office of the U.S. Courts (AOUSC), the form the BJS categories shown in this United States Sentencing Commission report’s tables (see Compendium of Federal Justice Statistics, 2003 (NCJ (USSC), and the Federal Bureau of Prisons (BOP). AOUSC also maintains 210299) available on-line from the Bureau of Justice Statistics website. the data collected by the U.S. Court of Appeals and the Federal Probation and Felony and misdemeanor distinctions Supervision Information System are provided where possible. Felony (FPSIS). offenses are those with a maximum The universe of the BJS Federal justice penalty of more than 1 year in prison. database includes criminal suspects in- Misdemeanor offenses have a maxivestigated for violations of Federal mum penalty of 1 year or less. criminal law, criminal suspects arrested Offenses in the tables are classified, at for violations of Federal criminal law, the most general level, into felony and defendants in Federal pretrial cases misdemeanor categories. Felonies are opened, defendants in cases filed in divided into six main level offense clasU.S. district courts, and offenders ensifications: violent, property, drug, tering Federal corrections and correcpublic-order, weapon and immigration tional supervision. offenses. Property and public-order The Federal justice database offenses have two sub-levels. The main-level and sub-group categories are composed of individual offense types. When possible drug offenses are divided into the individual offense level. “Other public-order offenses” include detail at the individual offense type level. Table M.1 shows a list of specific offenses under each offense category. Table M.1. Breakout of main category offenses Felonies Public-order offenses Property offenses Weapon Immigration Drug Violent offenses offenses offenses offenses Fraudulent Other Regulatory Other Misdemeanors Tax law violations Weapons Immigration Larceny Agriculture Trafficking Embezzlement Burglary Murder Drug possession Bribery violations offenses Antitrust Possession Larceny Fraud Negligent Immigration Perjury, contempt, Food and drug Motor vehicle Other drug manslaughter Forgery Traffic offense and intimidation Transportation offenses theft Counterfeiting Assault Other National defense Civil rights Arson and Robbery misdemeanors Communications Racketeering/ explosives Sexual abuse Fraudulent extortion Custom laws Transportation Kidnaping property Gambling Postal laws of stolen Threats against Nonviolent sex Other regulatory property the President offenses offenses Other property Obscene material offenses Wildlife offenses Environmental All other felonies Federal Criminal Justice Trends 43 Source agencies for Criminal Justice Trends data tables Data source agency — data files Description of data files contents United States Marshals Service (USMS) Contains data on suspects arrested for violations of Federal law, by Federal enforcement agencies — Prisoner Tracking System (PTS) and data on characteristics of Federal arrestees. Drug Enforcement Administration (DEA) Contains data on suspects arrested by DEA agents and includes information on characteristics of ar— Defendant Statistical System restees and type of drug for which arrested. Executive Office for U.S. Attorneys (EOUSA) — Central System Files AOUSC: Pretrial Services Agency (PSA) — Pretrial Services Act Information System Contains information on the investigation and prosecution of suspects in criminal matters received and concluded, and criminal cases filed and terminated. The central system files contain defendantlevel records about the processing of matters and cases. Contains data on defendants interviewed, investigated, or supervised by pretrial services. The information covers defendants’ pretrial hearings, detentions, and releases from the time they are interviewed through the disposition of their cases in district court. The data describe pretrial defendants processed by Federal pretrial service agencies within each district. Administrative Office of the U.S. Courts Contains information about the criminal proceedings against defendants whose cases were filed in U.S. district courts. Includes information on felony defendants, Class A misdemeanants — whether (AOUSC) — Criminal Master File handled by U.S. district court judges or U.S. magistrates — and other misdemeanants provided they were handled by U.S. district court judges. The information in the data files cover criminal proceedings from case filing through disposition and sentencing. United States Sentencing Commission (USSC) — Monitoring Data Base Contains information on criminal defendants sentenced pursuant to the provisions of the Sentencing Reform Act of 1984. It is estimated that more than 90% of felony defendants in the Federal criminal justice system are sentenced pursuant to the SRA of 1984. Data files are limited to those defendants whose records have been obtained by the U.S. Sentencing Commission. Contains information on criminal appeals filed and terminated in U.S. Courts of Appeals. Includes information on the nature of the criminal appeal, the underlying offense, and the disposition of the appeal. Contains information about supervision provided by probation officers for persons placed on probation or supervised release from prison. The files contain records of individuals entering, or currently on supervision, as well as records of offenders terminating supervision. The data extracts contain information on all offenders released from prison over a specific period of time plus information about the offenders in prison when the data extracts are made. The information covers the time that offenders enter prison until their release from the jurisdiction of the Bureau of Prisons. Excludes prisoners sentenced by a District of Columbia Superior Court judge for violations of the DC Criminal Code. AOUSC: Court of Appeals AOUSC — Federal Probation and Supervision Information System (FPSIS) Bureau of Prisons (BOP): Extract from BOP’s online Sentry System 44 Federal Criminal Justice Trends Table A.1. Suspects arrested for Federal offenses and booked by USMS, by offense, 1994-2003 Most serious offense All offensesb Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Supervision violations Material witness Unknown or indeterminable offenses 1994 80,730 3,905 15,540 11,919 3,621 23,268 11,596 530 11,066 3,885 8,777 12,719 886 154 1995 83,324 3,873 16,245 12,804 3,441 23,768 10,336 697 9,639 3,724 10,600 13,498 1,143 137 1996 85,195 4,519 16,191 12,729 3,462 24,682 9,578 656 8,922 3,131 12,026 13,304 1,617 147 1997 91,747 4,801 16,288 12,912 3,376 26,843 9,324 749 8,575 3,235 14,994 13,995 2,169 163 1998 104,119 4,989 16,786 13,219 3,567 30,012 9,234 775 8,459 3,539 20,942 15,157 3,398 62 1999a 109,340 4,254 16,569 13,116 3,453 31,867 9,841 752 9,089 4,268 22,849 15,603 4,016 73 2000a 115,589 4,250 16,842 13,432 3,410 32,630 10,063 621 9,442 5,203 25,205 17,133 4,203 60 2001a 118,896 4,843 16,824 13,397 3,427 33,589 9,156 687 8,469 6,007 24,794 18,978 3,679 1,026 2002a 124,074 4,723 17,268 13,976 3,292 33,730 8,772 524 8,248 7,488 25,270 21,777 3,918 1,128 2003a 131,064 4,484 17,258 14,169 3,089 34,217 8,591 425 8,166 9,416 27,620 23,605 4,615 1,258 a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes suspects whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. c In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.2. Suspects in criminal matters investigated by U.S. attorneys, by offense, 1994-2003 Most serious offense investigated All offensesb Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Unknown or indeterminable offenses 1994 99,251 5,570 32,579 28,491 4,088 29,311 19,143 5,059 14,084 5,996 5,526 1,126 1995 102,220 5,720 31,759 27,836 3,923 31,686 19,036 5,371 13,665 5,376 7,256 1,387 1996 97,776 6,570 28,962 25,245 3,717 30,227 18,918 5,154 13,764 4,462 7,122 1,515 1997 110,034 7,354 29,916 25,854 4,062 34,027 22,857 5,423 17,434 4,870 9,366 1,644 c 1998 115,692 7,527 30,125 26,328 3,797 36,355 21,244 6,541 14,703 4,907 14,114 1,420 1999a 117,994 5,768 28,011 24,200 3,811 37,313 22,816 6,332 16,484 6,982 15,539 1,565 2000a 123,559 6,036 28,423 24,679 3,744 38,959 24,180 5,737 18,443 8,589 16,495 877 2001a 121,818 6,225 28,608 25,275 3,333 37,944 23,980 5,411 18,569 8,989 15,378 694 2002a 124,335 6,392 27,321 24,019 3,302 38,150 23,472 4,738 18,734 11,200 16,699 1,101 2003a 130,078 5,688 27,375 24,261 3,114 37,416 23,717 5,366 18,351 14,022 20,341 1,519 Note: Most serious offense investigated is based on the decision of the assistant U.S. attorney responsible for the matter. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes suspects whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Federal Criminal Justice Trends 45 Table A.3. Suspects in criminal matters concluded by U.S. attorneys, by offense, 1994-2003 Most serious offense investigated All offensesb Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Unknown or indeterminable offenses 1994 94,980 5,339 31,752 28,038 3,714 27,697 18,313 4,990 13,323 5,992 5,299 588 1995 102,309 5,399 33,888 29,861 4,027 31,261 18,469 5,264 13,205 5,732 6,660 900 1996 98,454 6,107 31,038 27,294 3,744 30,708 17,960 4,843 13,117 4,673 6,929 1,039 1997 99,459 6,570 28,633 25,157 3,476 32,072 17,462 4,582 12,880 4,646 8,774 1,302 c 1998 106,022 6,865 27,461 23,712 3,749 33,991 18,659 5,427 13,232 4,742 13,249 1,055 1999a 113,933 5,631 28,314 24,575 3,739 36,765 20,906 5,698 15,208 5,919 15,201 1,197 2000a 117,450 5,641 27,713 24,186 3,527 37,009 22,375 5,840 16,535 7,753 16,110 849 2001a 118,978 5,845 28,120 24,786 3,334 37,543 22,784 5,484 17,300 8,715 15,350 621 2002a 124,081 6,330 29,083 25,543 3,540 38,424 23,139 4,947 18,192 10,126 16,197 782 2003a 128,518 5,765 28,270 25,020 3,250 38,537 22,023 4,902 17,121 12,954 20,378 591 Note: Most serious offense investigated is based on the decision of the assistant U.S. attorney responsible for the matter. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes suspects whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.4. Suspects in criminal matters concluded by U.S. attorneys: Number prosecuted before U.S. district court judge, by offense, 1994-2003 Most serious offense investigated All offensesb Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Unknown or indeterminable offenses 1994 50,802 3,256 14,680 12,683 1,997 19,427 6,585 1,297 5,288 3,821 2,789 244 1995 55,703 3,223 15,918 13,858 2,060 21,445 6,746 1,509 5,237 3,758 4,305 308 1996 56,938 3,784 15,270 13,337 1,933 21,548 7,209 1,396 5,813 2,935 5,830 362 1997 60,383 4,153 14,544 12,663 1,881 24,400 6,309 1,332 4,977 3,192 7,243 542 c 1998 64,993 4,294 14,353 12,408 1,945 26,266 5,930 1,571 4,359 3,347 10,505 298 1999a 68,384 3,327 14,032 12,319 1,713 28,372 6,476 1,648 4,828 4,149 11,794 234 2000a 73,090 3,403 14,675 12,988 1,687 28,917 7,401 1,862 5,539 5,026 13,414 254 2001a 72,648 3,493 14,733 13,044 1,689 29,583 6,502 1,557 4,945 5,599 12,488 250 2002a 76,314 3,402 15,634 13,919 1,715 29,411 6,816 1,240 5,576 7,105 13,693 253 2003a 80,106 3,218 15,046 13,525 1,521 29,259 6,640 1,305 5,335 9,202 16,529 212 Note: Most serious offense investigated is based on the decision of the assistant U.S. attorney responsible for the matter. Number of suspects includes suspects whose cases were filed in U.S. district court before a district court judge. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes suspects whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” 46 Federal Criminal Justice Trends Table A.5. Suspects in criminal matters concluded by U.S. magistrates, by offense, 1994-2003 Most serious offense investigated All offensesb Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Unknown or indeterminable offenses 1994 9,754 264 1,781 1,536 245 1,821 3,432 198 3,234 189 2,217 50 1995 10,710 295 2,043 1,743 300 2,456 3,514 224 3,290 190 1,989 223 1996 8,684 295 1,771 1,511 260 2,262 3,216 275 2,941 137 775 228 1997 10,007 352 1,919 1,635 284 1,903 4,167 266 3,901 153 1,229 284 c 1998 12,243 305 2,171 1,651 520 1,561 5,205 386 4,819 116 2,374 511 1999a 14,545 308 2,321 1,678 643 2,132 6,074 445 5,629 110 2,935 665 2000a 13,916 329 1,978 1,368 610 1,966 6,915 637 6,278 161 2,199 368 2001a 14,080 306 1,667 1,185 482 1,736 7,653 560 7,093 178 2,339 201 2002a 14,093 351 1,771 1,194 577 1,937 7,624 618 7,006 173 1,959 278 2003a 14,810 316 1,917 1,299 618 2,426 7,077 781 6,296 214 2,712 148 Note: Most serious offense investigated is based on the decision of the assistant U.S. attorney responsible for the matter. Number of suspects includes defendants in misdemeanor cases which were terminated in U.S. district court before a U.S. magistrate. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes suspects whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.6. Suspects in criminal matters concluded by U.S. attorneys: Number declined prosecution, by offense, 1994-2003 Most serious offense investigated All offensesb Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Unknown or indeterminable offenses 1994 34,424 1,819 15,291 13,819 1,472 6,449 8,296 3,495 4,801 1,982 293 294 1995 35,896 1,881 15,927 14,260 1,667 7,360 8,209 3,531 4,678 1,784 366 369 1996 32,832 2,028 13,997 12,446 1,551 6,898 7,535 3,172 4,363 1,601 324 449 1997 29,069 2,065 12,170 10,859 1,311 5,769 6,986 2,984 4,002 1,301 302 476 c 1998 28,786 2,266 10,937 9,653 1,284 6,164 7,524 3,470 4,054 1,279 370 246 1999a 31,004 1,996 11,961 10,578 1,383 6,261 8,356 3,605 4,751 1,660 472 298 2000a 30,444 1,909 11,060 9,830 1,230 6,126 8,059 3,341 4,718 2,566 497 227 2001a 32,250 2,046 11,720 10,557 1,163 6,224 8,629 3,367 5,262 2,938 523 170 2002a 33,674 2,577 11,678 10,430 1,248 7,076 8,699 3,089 5,610 2,848 545 251 2003a 33,602 2,231 11,307 10,196 1,111 6,852 8,306 2,816 5,490 3,538 1,137 231 Note: Most serious offense investigated is based on the decision of the assistant U.S. attorney responsible for the matter. Number of suspects includes suspects whose matters were declined for prosecution by U.S. attorneys upon review. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes suspects whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Federal Criminal Justice Trends 47 Table A.7. Defendants in cases proceeded against in U.S. district courts, by offense, 1994-2003 Most serious offense charged All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc Unknown or indeterminable offenses 1994 62,327 47,341 3,222 13,155 10,301 2,854 20,275 20,052 223 4,679 1,256 3,423 3,557 2,453 14,980 6 1995 63,547 50,483 2,838 13,837 10,909 2,928 20,983 20,191 792 4,747 1,265 3,482 4,212 3,866 13,036 28 1996 65,480 52,656 3,457 14,130 11,525 2,605 21,677 20,522 1,155 4,351 1,123 3,228 3,651 5,390 12,774 50 1997 69,351 57,022 3,603 13,890 11,371 2,519 24,693 23,403 1,290 4,273 1,117 3,156 3,837 6,726 12,267 62 c 1998 78,172 64,769 3,763 14,955 12,401 2,554 28,021 26,318 1,703 4,489 1,359 3,130 4,287 9,254 13,254 149 1999a 80,031 67,442 2,976 14,779 12,028 2,751 29,306 27,296 2,010 4,907 1,245 3,662 4,924 10,550 12,474 115 2000a 83,251 71,072 3,135 15,237 12,659 2,578 29,455 27,734 1,721 5,136 1,264 3,872 6,073 12,036 12,104 75 2001a 82,614 70,837 3,178 14,764 12,293 2,471 30,301 28,315 1,986 4,595 1,218 3,377 6,495 11,504 11,703 74 2002a 87,727 76,163 3,308 16,126 13,511 2,615 30,673 28,406 2,267 4,851 1,021 3,830 8,104 13,101 11,493 71 2003a 92,085 80,354 3,167 15,732 13,142 2,590 30,668 28,532 2,136 4,829 1,006 3,823 9,961 15,997 11,651 80 Note: Most serious offense charged is based on the offense carrying the most severe statutory maximum penalty. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes defendants whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.8. Defendants in cases terminating in U.S. district courts, by offense, 1994-2003 Most serious offense charged All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc Unknown or indeterminable offenses 1994 61,404 47,292 3,227 13,182 10,193 2,989 20,219 20,056 163 4,620 1,383 3,237 3,673 2,371 14,111 1 1995 56,480 44,462 2,864 12,426 9,817 2,609 18,189 17,823 366 4,098 1,181 2,917 3,674 3,211 11,989 29 1996 61,434 49,283 3,091 12,816 10,260 2,556 20,305 19,486 819 4,117 1,151 2,966 3,843 5,111 12,115 36 1997 64,956 53,097 3,241 13,725 11,152 2,573 22,374 21,379 995 4,107 1,069 3,038 3,485 6,165 11,795 64 1998 69,769 57,054 3,470 13,493 10,965 2,528 24,317 22,952 1,365 4,010 1,104 2,906 3,901 7,863 12,611 104 1999a 75,723 62,839 3,093 14,055 11,587 2,468 27,008 25,334 1,674 4,837 1,306 3,531 4,087 9,759 12,793 91 2000a 76,952 65,656 2,964 14,080 11,590 2,490 27,274 25,579 1,695 4,690 1,229 3,461 5,049 11,599 11,214 82 2001a 77,145 66,112 2,977 13,950 11,563 2,387 28,227 26,501 1,726 4,402 1,166 3,236 5,814 10,742 10,952 81 2002a 80,424 70,225 2,927 14,767 12,324 2,443 29,300 27,254 2,046 4,645 1,129 3,516 6,556 12,030 10,131 68 2003a 85,106 74,370 3,040 14,965 12,468 2,497 28,597 26,495 2,102 4,472 906 3,566 8,147 15,149 10,736 0 Note: Most serious offense charged is based on the offense carrying the most severe statutory maximum penalty. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes defendants whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. c In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” 48 Federal Criminal Justice Trends Table A.9. Defendants in cases terminating in U.S. district courts: Percent convicted, by offense, 1994-2003 Most serious offense charged All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc 1994 82.6% 86.2 87.9 87.3 87.7 85.9 85.9 86.0 78.5 81.0 81.3 80.8 85.2 92.2 70.4 1995 84.2% 86.6 88.7 87.5 88.0 85.6 85.6 85.5 88.3 83.3 79.8 84.7 84.8 93.6 75.2 1996 86.4% 89.0 88.1 89.5 89.6 89.5 88.3 88.3 88.2 84.5 82.5 85.2 87.5 96.1 75.6 1997 87.1% 89.8 89.9 89.7 89.8 89.3 89.3 89.3 89.0 85.9 85.7 85.9 87.6 95.9 74.8 1998 87.4% 90.1 90.3 90.0 90.0 90.1 89.5 89.4 91.3 87.2 84.9 88.1 87.5 94.7 75.2 1999a 87.2% 90.5 89.9 90.4 90.6 89.9 89.9 89.8 91.2 86.2 83.7 87.1 88.6 95.4 71.2 2000a 88.6% 91.5 90.3 91.0 91.0 90.9 91.2 91.3 90.7 87.3 86.6 87.6 88.4 95.9 71.6 2001a 88.8% 91.5 90.3 90.6 90.8 89.7 91.6 91.5 92.8 87.1 84.8 88.0 90.0 95.1 73.0 2002a 89.3% 91.9 92.1 90.8 90.9 90.1 92.4 92.4 92.4 87.7 87.3 87.8 89.0 95.3 71.0 2003a 89.1% 92.1 90.5 91.2 91.2 91.1 91.9 91.9 91.9 86.4 82.9 87.4 89.8 96.6 68.1 Note: Most serious offense charged is based on the offense carrying the most severe statutory maximum penalty. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes defendants whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. c In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.10. Offenders convicted and sentenced in U.S. district courts, by offense, 1994-2003 Most serious offense of conviction All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc Unknown or indeterminable offenses 1994 50,701 39,624 2,704 11,113 8,671 2,442 16,400 16,197 203 4,023 1,309 2,714 3,232 2,152 11,072 5 1995 47,556 37,713 2,423 10,569 8,484 2,085 14,778 14,322 456 3,836 1,177 2,659 3,062 3,045 9,818 25 1996 53,076 42,992 2,660 11,125 9,055 2,070 17,365 16,485 880 3,880 1,169 2,711 3,033 4,929 10,054 30 1997 56,570 46,878 2,876 12,010 9,919 2,091 19,115 18,057 1,058 3,962 1,211 2,751 2,871 6,044 9,636 56 1998 60,958 50,494 3,078 11,862 9,752 2,110 20,867 19,417 1,450 3,958 1,187 2,771 3,160 7,569 10,375 89 1999a 66,055 55,864 2,715 12,232 10,203 2,029 23,476 21,698 1,778 4,661 1,410 3,251 3,423 9,357 10,118 73 2000a 68,156 59,123 2,557 12,454 10,396 2,058 24,206 22,275 1,931 4,585 1,376 3,209 4,196 11,125 8,961 72 2001a 68,533 59,363 2,604 12,349 10,359 1,990 25,088 23,248 1,840 4,347 1,410 2,937 4,925 10,050 9,100 70 2002a 71,798 63,238 2,578 13,101 11,107 1,994 26,234 24,174 2,060 4,630 1,403 3,227 5,563 11,132 8,499 61 2003a 75,805 67,036 2,643 13,311 11,323 1,988 25,582 23,521 2,061 4,331 1,136 3,195 6,970 14,199 8,767 2 Note: Most serious offense is based on the disposition offense with the most severe sentence. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes offenders whose offense category could not be determined or whose sentence was unknown. See Methodology for a listing of detailed offense categories within each major offense category. c In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Federal Criminal Justice Trends 49 Table A.11. Offenders convicted and sentenced in U.S. district courts: Number sentenced to prison, by offense, 1994-2003 Most serious offense of conviction All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offensesd Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc Unknown or indeterminable offenses 1994 33,022 31,070 2,518 6,411 4,868 1,543 14,973 14,841 132 2,410 644 1,766 2,901 1,857 1,948 4 1995 31,805 29,759 2,209 6,215 4,928 1,287 13,502 13,133 369 2,279 572 1,707 2,803 2,751 2,039 7 1996 36,373 34,345 2,419 6,559 5,322 1,237 15,984 15,248 736 2,427 540 1,887 2,773 4,183 2,020 8 1997 39,431 37,747 2,619 7,110 5,871 1,239 17,637 16,718 919 2,456 603 1,853 2,663 5,262 1,679 5 c 1998 43,041 41,420 2,808 7,114 5,860 1,254 19,280 18,013 1,267 2,424 506 1,918 2,914 6,880 1,590 31 1999a 47,659 46,070 2,489 7,204 6,067 1,137 21,694 20,117 1,577 3,065 627 2,438 3,191 8,427 1,556 33 2000a 50,451 49,070 2,360 7,462 6,272 1,190 22,352 20,633 1,719 2,989 647 2,342 3,834 10,073 1,356 25 2001a 51,057 49,509 2,399 7,744 6,537 1,207 23,074 21,422 1,652 2,686 597 2,089 4,541 9,065 1,515 33 2002a 53,682 52,246 2,408 7,746 6,654 1,092 23,951 22,107 1,844 3,053 641 2,412 5,134 9,954 1,408 28 2003a 57,629 55,811 2,462 7,948 6,737 1,211 23,544 21,704 1,840 3,036 542 2,494 6,431 12,390 1,818 0 Note: Most serious offense of conviction is based on the disposition offense with the most severe sentence. Number of offenders includes offenders given life and death sentences, and includes new law offenders given prison-community split sentences (prison and conditions of alternative community confinement). Number of offenders also includes offenders given mixed sentences of prison plus probation, applicable only to offenders sentenced pursuant to laws applicable prior to the Sentencing Reform Act of 1984. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes offenders whose offense category could not be determined or whose sentence was unknown. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.12. Criminal appeals filed, by offense, 1994-2003 Most serious offense of conviction All offenses Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Public-order offensesd Regulatory Other Weapon offensesd Immigration offensesd Unknown or indeterminable offenses b 1994 10,674 856 1,949 1,410 539 5,102 1,037 288 749 1,141 261 328 1995 10,162 700 1,767 1,323 444 4,499 886 220 666 1,034 277 999 1996 10,889 685 2,093 1,581 512 5,099 985 196 789 1,183 353 491 1997 10,521 739 1,972 1,519 453 4,750 1,050 224 826 1,135 417 458 c 1998 10,535 742 1,947 1,439 508 4,845 878 178 700 982 693 448 1999a 10,251 559 1,739 1,338 401 4,513 954 162 792 1,070 934 482 2000a 9,162 490 1,482 1,164 318 3,843 827 150 677 872 1,179 469 2001a 11,281 591 1,681 1,299 382 4,529 1,024 144 880 1,266 1,654 536 2002a 11,569 606 1,726 1,389 337 4,689 876 128 642 1,386 1,679 607 2003a 11,968 601 1,842 1,478 364 4,565 894 137 757 1,681 1,821 564 Note: Appeals were classified into the offense category that represents the offense of conviction. Offenses represent the statutory offense charged against a defendant in a criminal appeal. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes offenders whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within ”Public-order offenses.” 50 Federal Criminal Justice Trends Table A.13. Offenders convicted and sentenced in U.S. district courts: Number sentenced to probation only, by offense, 1994-2003 Most serious offense of conviction All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc Unknown or indeterminable offenses 1994 12,781 7,677 164 4,327 3,477 850 1,204 1,139 65 1,469 575 894 296 217 5,103 1 1995 11,602 7,030 198 3,987 3,217 770 992 926 66 1,428 531 897 221 204 4,556 16 1996 11,789 7,138 209 4,035 3,238 797 1,011 888 123 1,278 542 736 229 376 4,631 20 1997 12,046 7,387 223 4,275 3,475 800 1,054 940 114 1,343 522 821 182 310 4,612 47 c 1998 12,108 7,208 235 4,044 3,249 795 1,092 952 140 860 582 278 208 769 4,844 56 1999a 12,408 7,491 182 4,171 3,340 831 1,134 981 153 1,405 665 740 190 409 4,879 38 2000a 11,937 7,477 149 4,166 3,372 794 1,130 971 159 1,373 619 754 297 362 4,416 44 2001a 11,473 7,386 160 3,805 3,102 703 1,249 1,105 144 1,481 712 769 326 365 4,051 36 2002a 11,774 7,818 118 4,349 3,542 807 1,345 1,175 170 1,343 630 713 340 323 3,925 31 2003a 11,322 7,406 130 4,143 3,434 709 1,204 1,043 161 1,087 474 613 436 406 3,914 2 Note: Most serious offense of conviction is based on the disposition offense with the most severe sentence. Number of offenders includes offenders given probation plus conditions of confinement, such as home confinement or intermittent confinement. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes offenders whose offense category could not be determined or whose sentence was unknown. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.14. Offenders convicted and sentenced in U.S. district courts: Mean number of months of imprisonment imposed, by offense, 1994-2003 Most serious offense of conviction All offensesb Felonies Violent offensesc Property offenses Fraudulentc Otherc Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesd Immigration offensesd Misdemeanorsc 1994 62.6 mo 65.6 92.3 26.4 20.0 46.2 83.9 84.2 45.6 36.3 32.2 37.9 83.2 22.9 12.3 1995 63.3 mo 66.8 98.5 27.3 21.9 47.5 87.1 87.7 66.4 36.7 27.8 39.7 95.0 24.0 9.8 1996 61.7 mo 64.6 92.7 24.1 21.1 37.0 84.8 85.1 77.1 43.2 26.7 48.0 100.3 22.9 11.1 1997 59.3 mo 61.5 86.1 24.4 22.1 35.2 81.1 81.3 77.7 41.8 26.5 46.8 102.1 23.0 10.1 1998 58.9 mo 60.6 84.4 25.6 22.4 40.4 78.7 78.3 84.3 43.3 27.8 47.4 101.3 26.4 11.6 c 1999a 58.1 mo 59.6 88.1 24.1 22.4 33.0 75.4 74.8 83.4 47.0 26.3 52.4 99.5 30.7 10.8 2000a 56.8 mo 58.0 86.6 24.3 22.5 33.4 75.6 75.2 81.1 42.5 28.0 46.5 92.2 29.5 10.3 2001a 56.7 mo 58.0 90.7 24.2 22.3 34.9 73.9 73.6 78.9 39.4 23.6 43.9 87.3 29.2 10.0 2002a 57.1 mo 58.4 88.6 25.1 23.5 34.8 76.0 75.7 79.6 38.4 25.9 41.8 83.8 27.9 9.6 2003a 58.9 mo 60.4 97.6 27.4 24.9 41.1 81.5 81.4 82.9 43.1 33.5 45.2 84.0 26.7 9.1 Note: Most serious offense of conviction is based on the disposition offense with the most severe sentence. Calculations exclude offenders given life or death sentences, and old law offenders given mixed sentences of prison plus probation. For new law offenders given prison-community split sentences, only the prison portion of the sentence is included in calculations. a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes offenders whose offense category could not be determined or whose sentence was unknown. See Methodology for a listing of detailed offense categories within each major offense category. In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. d Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Federal Criminal Justice Trends 51 Table A.15. Offenders under Federal supervision at the end of the fiscal year, by offense, 1994-2003 Most serious offense of conviction All offensesb Feloniesc Violent offensesd Property offenses Fraudulentd Otherd Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensese Immigration offensese Misdemeanorsd 1994 86,904 73,978 4,504 28,276 22,411 5,865 28,039 26,665 1,374 8,162 2,252 5,910 3,883 1,075 12,926 1995 84,848 73,626 4,463 27,287 21,832 5,455 29,106 26,648 2,458 8,059 2,176 5,883 3,704 939 11,222 1996 88,165 76,834 4,791 27,240 22,066 5,174 31,843 28,505 3,338 7,846 2,097 5,749 3,840 1,174 11,331 1997 90,471 79,575 4,945 27,540 22,586 4,954 33,662 29,870 3,792 7,961 2,168 5,793 3,908 1,396 10,896 c 1998 92,270 81,324 5,554 27,346 22,532 4,814 35,184 31,228 3,956 7,681 2,162 5,519 4,026 1,270 10,946 1999a 96,044 85,372 5,468 28,128 23,252 4,876 37,688 33,559 4,129 8,355 2,323 6,032 4,121 1,323 10,672 2000a 99,264 88,847 5,795 28,697 23,846 4,851 39,616 35,362 4,254 8,475 2,410 6,065 4,517 1,535 10,417 2001a 103,348 93,113 6,163 28,851 23,947 4,904 42,333 38,001 4,332 8,773 2,604 6,169 4,977 1,807 10,235 2002a 107,367 97,518 6,281 29,268 24,439 4,829 44,980 40,414 4,566 9,039 2,570 6,469 5,662 2,095 9,849 2003a 108,976 99,172 6,328 29,011 24,300 4,711 45,981 41,380 4,601 8,838 2,484 6,354 6,648 2,180 9,804 Note: Most serious offense of conviction is based on the offense with the longest sentence imposed. Number of offenders includes offenders under active supervision at the close of the fiscal year. This population includes offenders under the three major forms of supervision: probation, supervised release, and parole. Included under parole are two less common types of old law release: mandatory release and special parole. Excluded from the number of offenders under active supervision reported in the table are offenders released to military parole and offenders under community supervision prior to sentencing (such as during pretrial release or pretrial investigation). a Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” b Includes offenders whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. Includes offenders whose felony offense category could not be determined. A felony offense category could not be determined for 70 offenders during 1994, 118 during 1995, 158 during 1996, 264 during 1997, 264 during 1998, 289 during 1999, 212 during 2000, 208 during 2001, 193 during 2002, and 180 during 2003. d In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing; and "Misdemeanors" include misdemeanors, petty offenses, and unknown offense levels. e Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” Table A.16. Population at the end of the fiscal year in Federal prisons, by offense, 1994-2003 Most serious original offense of conviction All offensesd Violent offensese Property offenses Fraudulente Othere Drug offenses Trafficking Possession / other Public-order offenses Regulatory Other Weapon offensesf Immigration offensesf Unknown or indeterminable offenses 1994 84,253 11,111 7,880 5,725 2,155 50,555 50,175 380 4,512 878 3,634 6,769 2,486 940 1995 88,323 11,281 7,819 5,822 1,997 52,634 52,254 380 4,779 894 3,885 7,420 3,420 970 1996 92,346 11,392 7,766 5,807 1,959 55,049 54,726 323 5,047 919 4,128 7,669 4,476 947 1997 98,601 11,537 8,128 6,147 1,981 58,456 58,048 408 5,649 1,013 4,636 8,049 5,454 1,328 1998a 108,279 12,451 8,560 6,463 2,097 62,712 62,266 446 6,071 1,058 5,013 8,697 7,430 2,358 1999b 118,265 13,121 8,581 6,551 2,030 67,925 67,404 521 6,711 1,048 5,663 9,439 10,156 2,332 2000b,c 129,329 12,973 9,849 7,497 2,352 73,389 72,775 614 7,527 1,205 6,322 10,652 13,676 1,263 2001b,c 136,395 13,385 9,988 7,605 2,383 77,210 76,695 515 7,609 1,148 6,461 12,150 15,012 1,041 2002b,c 143,031 13,549 10,100 7,798 2,302 81,052 80,596 456 7,951 1,217 6,734 13,725 15,571 1,083 2003b,c 152,459 13,525 10,634 8,227 2,407 85,789 85,289 500 8,438 1,249 7,189 16,014 16,903 1,156 Note: Most serious offense is based on the offense having the longest sentence. a The yearend population for 1998 was adjusted to reflect an additional 1,013 prisoners reported in the Compendium of Federal Justice Statistics, 1998. b Starting in 1999 nonviolent sex offenses were reclassified from “Violent offenses” to “Public-order offenses.” c Starting in 2000 the universe for this table includes offenders in BOP custody and offenders in contract and private facilities, but not those committed for violations of the District of Columbia criminal code. See Methodology for more information. d Includes prisoners whose offense category could not be determined. See Methodology for a listing of detailed offense categories within each major offense category. e In this table “Violent offenses” may include nonnegligent manslaughter; “Fraudulent property” excludes tax fraud; and “Other nonfraudulent property” excludes fraudulent property and includes destruction of property and trespassing. f Beginning in 2001 “Weapon” and “Immigration” offenses became major offense categories. Previously, these offenses were classified within “Public-order offenses.” 52 Federal Criminal Justice Trends