U.S. Department of Justice
Office of Justice Programs

Bureau of Justice Statistics
State Court Processing Statistics

Felony Defendants
in Large Urban Counties, 1998
Arrest charges
Demographic characteristics
Criminal history
Pretrial release and detention
Adjudication
Sentencing

U.S. Department of Justice
Office of Justice Programs
810 Seventh Street, N.W.
Washington, D.C. 20531
John Ashcroft
Attorney General

Office of Justice Programs
Deborah J. Daniels
Assistant Attorney General
World Wide Web site:
http://www.ojp.usdoj.gov

Bureau of Justice Statistics
Lawrence A. Greenfeld
Acting Director
World Wide Web site:
http://www.ojp.usdoj.gov/bjs/

For information contact:
BJS Clearinghouse
1-800-732-3277

U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

Felony Defendants
in Large Urban
Counties, 1998
Brian A. Reaves, Ph.D.
BJS Statistician

November 2001, NCJ 187232

Contents

U.S. Department of Justice
Bureau of Justice Statistics
Brian A. Reaves, BJS statistician,
prepared this report. Keonna Feaster
provided statistical review. Tom Hester
supervised final production for printing,
assisted by Jayne Robinson.
The data were collected and processed
by the Pretrial Services Resource
Center under the supervision of Jolanta
Juszkiewicz. Carma Hogue of the
Economic Statistical Methods and
Procedures Division, Bureau of the
Census, assisted with sample design.
Data presented in this report may be
obtained from the National Archive of
Criminal Justice Data at the University of
Michigan, 1-800-999-0960. The report
and data are available on the Internet at:
http://www.ojp.usdoj.gov/bjs

Highlights

iii

State Court Processing Statistics

1

Arrest charges

2

Demographic characteristics

4

Criminal history

8

Criminal justice status at time of arrest 8
Prior arrests 10
Prior convictions 12
Pretrial release and detention 16
Rates of release and detention
Bail amounts
Time from arrest to release
Criminal history and probability of release
Conduct of released defendants

16
18
19
20
21

Adjudication 23
Time from arrest to adjudication 23
Adjudication outcome 24
Case processing statistics 28
Sentencing 29
Time from conviction to sentencing 29
Type and length of sentence 30
Prior record and felony sentencing 35
Methodology 37
Appendix 40

ii Felony Defendants in Large Urban Counties, 1998

Highlights

State Court Processing Statistics
Every 2 years, as part of its State
Court Processing Statistics (SCPS)
program, the Bureau of Justice Statistics tracks a sample of felony cases
filed during the month of May in 40 of
the Nation’s 75 largest counties. The
most recent SCPS study analyzed
cases filed during May 1998.
Trends in processing of felony
defendants, 1990-98
Since 1990, the proportion of defendants charged with a violent offense
has remained at about a fourth.
From 1992 to 1998, the proportion
of drug defendants increased from
30% to 37%. During this period, the
percentage of defendants charged with
a property crime decreased from 35%
to 29%. The proportion of defendants
charged with a public-order offense
has remained at just under 1 in 10.
In 1998, the percentage of defendants
age 40 or older was 19%, nearly twice
the 10% found in the 1990 study.
During the same time, the percentage
of defendants under age 25 decreased
from 41% to 34%.
The percentage of female defendants
has increased from 14% in 1990 to
18% in 1998. In 1998, non-Hispanic
blacks accounted for 45% of defendants, a slightly smaller percentage
than in prior years. The percentage of
non-Hispanic whites and Hispanics
increased slightly, but still comprised
roughly a fourth each.
Since 1990, approximately 3 in 8
defendants have had an active criminal justice status at the time of arrest
in each of the SCPS studies. In 1998,
the percentage of defendants with a
felony arrest record (60%) was the
same as in 1996, but higher than in
previous years when it averaged about
55%. The proportion of defendants
with a felony conviction record,
continuing a slightly upward trend, was
42% in 1998 
 up from 36% in 1990.
Since 1990, the percentage of felony
defendants released prior to case
disposition has been fairly consistent,
ranging from 62% to 65%, with 64%
released in 1998. In 1998, for the first

time, the proportion of releases
accounted for by surety bond was
greater than that accounted for by
release on personal recognizance.
From 1990 to 1998, the proportion of
released defendants charged with
misconduct such as failure to appear
in court or rearrest has remained at
just under a third. Failure-to-appear
rates have held steady at about a
fourth.
After reaching a high of 61% in the
1994 study, the felony conviction rate
fell to 55% in 1996, and 52% in 1998.
This rate was similar to that found in
1992, and still slightly higher than the
50% felony conviction rate in the 1990
study. Sixty-eight percent of defendants were convicted of a felony or a
misdemeanor in 1998, a lower percentage than in 1994 (72%), but higher
than in 1990 (64%).
For defendants convicted of a felony,
sentences in 1998 (71%) were slightly
more likely to involve incarceration
than in 1996 (69%) and 1994 (68%).
However, incarceration rates in the
1998 study were slightly lower than in
1990 (75%) or 1992 (74%).
In 1998, a felony conviction was about
as likely to result in a jail sentence as a
sentence to prison. In 1990, a felony
conviction was more likely to result in a
sentence to prison (43%) than jail
(32%). The use of probation as a
sentence for felony convictions in 1998
occurred with about the same frequency
as in 1996 and 1994, but more
frequently than in 1990 or 1992.

Age at arrest, felony defendants
in the 75 largest counties,
1990, 1992, 1994, 1996, and 1998
Percent of defendants
50%
Age 25-39
40%
Under age 25
30%
20%
10%

Age 40 or older

0%
1990

1992

1994

1996

1998

Most severe sentence received by
defendants convicted of a felony
in the 75 largest counties,
1990, 1992, 1994, 1996, and 1998
Percent of defendants
50%
40%

Prison

Jail
30%
20%

Probation

10%
0%
1990

1992

1994

1996

1998

Felony defendants in large urban
counties, 1998

property (29%) offense. Nearly half of
drug defendants, 18% of defendants
overall, were charged with drug
trafficking. A majority of property
defendants were charged with
larceny/theft (9.9% of all defendants)
or burglary (7.5%). About 1 in 10
defendants were charged with a
public-order offense. Often these
charges were driving-related (3.6%) or
weapons-related (2.8%).

Arrest charges

Demographic characteristics

An estimated 56,606 felony cases
were filed in the State courts of the
Nation's 75 largest counties during
May 1998. About 1 in 4 defendants
were charged with a violent offense,
usually assault (12.2%) or robbery
(6.1%). About 1 in 50 defendants were
charged with murder (0.7%) or rape
(1.3%).

Eighty-two percent of defendants were
male, including 90% or more of those
charged with rape (100%), a weapons
offense (96%), a driving-related
offense (91%), robbery (91%), or
burglary (90%). Women accounted for
about half of the defendants charged
with fraud (52%), and about a third of
those charged with forgery (36%), or
larceny/theft (31%).

Two-thirds of defendants were
charged with either a drug (37%) or

Felony Defendants in Large Urban Counties, 1998 iii

Non-Hispanic Blacks comprised a
majority of the defendants charged
with a weapons offense (55%), murder
(54%), or robbery (53%). Non-Hispanic
Whites accounted for 40% of those
charged with a driving-related felony.
Half of defendants were under age 30.
Eighteen percent were under age 21,
including 34% of those charged with
robbery and 29% of those charged
with murder. Three percent of defendants were under age 18, including
11% of robbery defendants and 9% of
murder defendants.
Criminal history
At the time of arrest, more than a third
of defendants had an active criminal
justice status such as probation (16%),
release pending disposition of a prior
case (14%), or parole (5%). Murder
(45%), robbery (44%), and drug
trafficking (43%) defendants were the
most likely to have had a criminal
justice status when arrested.
Seventy-one percent of all defendants
had been arrested previously, with
43% having at least five prior arrest
charges. Sixty percent of defendants
had a felony arrest record. Sixty-one
percent of defendants had at least one
prior conviction, including 42% with
one or more felony convictions.
Pretrial release and detention
Thirty-six percent of all defendants
were detained until the court disposed
of their case, including 7% who were
denied bail. Half or more of defendants charged with murder (87%),
robbery (62%), rape (53%), burglary
(50%), or motor vehicle theft (50%)
were detained until case disposition.
Defendants with an active criminal
justice status (58%) were twice as
likely to be detained until case disposition as those without such a status
(29%). Defendants on parole (82%)
were the most likely to be detained.
Defendants were most likely to be
released on commercial surety bond
(36% of all releases), followed by
release on personal recognizance
(30%). The next most common types

of pretrial release were conditional
release (13%) and deposit bond (8%).
An estimated 31% of released defendants committed one or more types of
pretrial misconduct while in a release
status. Twenty-four percent failed to
appear in court as scheduled. Sixteen
percent were rearrested for a new
offense, including 10% for a felony.

Sentencing
About 3 in 5 convicted defendants
were sentenced within 1 day of adjudication. About two-thirds of all
sentences were either to prison (30%)
or jail (38%). Two-thirds of all jail
sentences included a probation term.
Nearly all convicted defendants who
did not receive an incarceration
sentence were placed on probation.

Adjudication
About 3 in 10 defendants had their
case adjudicated within 1 month of
arrest, and more than half (54%) within
3 months. At the end of the 1-year
study period, 90% of all cases had
been adjudicated.
Sixty-eight percent of the cases adjudicated within 1 year resulted in a
conviction. Fifty-two percent of all
defendants were convicted of a felony,
and 15% of a misdemeanor. Felony
conviction rates were highest for
defendants originally charged with
murder (68%) or drug trafficking
(66%). Assault defendants (34%) had
the lowest felony conviction rate.
Nearly all (96%) convictions obtained
during the 1-year study period were the
result of a guilty plea. Nearly 4 in 5
guilty pleas were to a felony. Seventyseven percent of trials resulted in a
guilty verdict, including 83% of bench
trials and 72% of jury trials.

Thirty-six percent of the defendants
convicted of a felony were sentenced
to prison, including all of those
convicted of murder. A majority of
robbery (65%) and rape (60%) convictions also resulted in prison sentences.
About three-fifths of those with multiple
prior felony convictions (59%) were
sentenced to prison following a felony
conviction in the current case,
compared to about a fifth of those with
no prior felony convictions (21%).
Excluding life sentences, the mean
prison sentence for defendants convicted of a violent felony was about 9
years, and the median was 5 years.
For those convicted of a nonviolent
offense, the mean was about 4 years
and the median, 2½ years. Murder (38
years) and rape (10 years) convictions
carried the longest median prison
sentences. About 1 in 7 convicted
murderers received a life sentence.

P ro b a b ility o f b e in g c o n vic te d a n d s e n te n c e d to in c a rc e ra tio n
fo r fe lo n y d e fe n d a n ts in th e 7 5 la rg e s t c o u n tie s , 1 9 9 8
M o st seriou s arre st ch arge
M u rd er
R ap e
R ob bery
A ssau lt
B urgla ry
La rcen y/theft
M o tor vehicle theft
F orgery
F raud
D rug trafficking
W ea pons
D riving-re la ted
P ris o n

iv Felony Defendants in Large Urban Counties, 1998

0%

20 %

J a il

40 %

60 %

80 %

P erce nt o f de fend ants con victed a nd sen tenced to prison or ja il

State Court Processing Statistics
Since 1988, the Bureau of Justice
Statistics (BJS) has sponsored a
biennial data collection on the processing of felony defendants in the State
courts of the Nation's 75 most
populous counties. Previously known
as the National Pretrial Reporting
Program, this data collection series
was renamed the State Court Processing Statistics (SCPS) program in 1994
to better reflect the wide range of data
elements collected.

The SCPS program collects data on
the demographic characteristics, criminal history, pretrial processing, adjudication, and sentencing of felony
defendants. The SCPS data do not
include Federal defendants. The
reader should refer to the annual BJS
Compendium of Federal Justice Statistics for information on the processing
of Federal defendants.

The 1998 SCPS collected data for
15,909 felony cases filed during May
1998 in 40 large counties. These
cases, which were tracked for up to
1 year, were part of a 2-stage sample
that was representative of the
estimated 56,606 felony cases filed in
the Nation's 75 most populous
counties during that month. A small
number of cases (31 unweighted, 111
weighted) were omitted from the analysis because they could not be classified into one of the four major crime
categories (violent, property, drug,
public-order).
In 1998, the 75 largest counties
accounted for 37% of the U.S. population. According to the FBI's Uniform
Crime Reports program for 1998,
these jurisdictions accounted for 50%
of all reported serious violent crimes in
the United States, including 65% of all
robberies. They accounted for 45% of
all reported serious property crimes.
According to the BJS National Judicial
Reporting Program, 40% of all felony
convictions in 1998 occurred in the 75
largest counties. For national estimates
pertaining to felony convictions, see
the BJS report Felony Sentences in
State Courts, 1998.

Felony Defendants in Large Urban Counties, 1998 1

Arrest charges

During May 1998, about a fourth of the
felony defendants in the 75 largest
counties were charged with a violent
offense (24.0%) (table 1). About half of
those charged with a violent felony,
12.2% of defendants overall, faced
assault charges, and about a fourth,
6.1% of defendants overall, were
charged with robbery. Murder defendants comprised 3.0% of the defendants charged with a violent felony, and
0.7% of all felony defendants. Rape
defendants accounted for 5.0% of the
defendants charged with a violent
felony, and 1.3% of all felony defendants (See Methodology for the specific
crimes included in each offense
category.)

About 3 in 10 felony defendants were
charged with a property offense
(29.3%). About a third of property
defendants, 9.9% of defendants overall,
were charged with larceny/theft
offenses, and about a fourth, 7.5%
overall, were charged with burglary.
Defendants charged with a public-order
offense comprised about a tenth (9.6%)
of all defendants. Two-thirds of publicorder defendants faced a weapons
(2.8%) or driving-related (3.6%) charge.

The percentage of felony defendants in
the 75 largest counties facing a drugrelated charge (37.1%) was about the
same as in 1996 (36.8%), but significantly higher than the low of 30% in
1992 (figure 2). The percentage of
property defendants in 1998 (29.3%)
continued a trend of small decreases
that have occurred since a high of
34.9% in 1992. The 1998 percentage
of defendants (24%) charged with a
violent offense was about the same as
in 1996 (24.7%) and slightly lower than
the maximum of 26.5% in 1992.

The most frequently charged offenses of felony defendants
in the 75 largest counties, 1998
Most serious arrest charge

For about 3 in 8 defendants, the most
serious arrest charge was a drug
offense (37.1%). Nearly half (48%)
of drug defendants were charged with
drug trafficking. Overall, defendants
were more likely to be charged with
drug trafficking (17.7%) or other drug
offenses (19.4%) than any other type
of offense (figure 1).

Nontrafficking drug offenses
Drug trafficking
Assault
Larceny/theft
Burglary
Robbery
0%

Table 1. Felony defendants, by most
serious arrest charge, 1998
Most serious
arrest charge
All offenses

Felony defendants in
the 75 largest counties
Number
Percent
56,495

100.0%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

13,536
409
732
3,442
6,896
2,057

24.0%
0.7
1.3
6.1
12.2
3.6

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

16,545
4,224
5,575
1,582
1,669
1,348
2,147

29.3%
7.5
9.9
2.8
3.0
2.4
3.8

Drug offenses
Trafficking
Other drug

20,975
9,991
10,984

37.1%
17.7
19.4

5,439
1,583
2,060
1,795

9.6%
2.8
3.6
3.2

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data for the specific arrest charge were
available for 99.8% of all cases. Detail may
not add to total because of rounding.

5%
10%
15%
20%
Percent of defendants

25%

See Methodology for specific crimes
included in each offense category.

Figure 1

Most serious arrest charge of felony defendants in the
75 largest counties, 1990, 1992, 1994, 1996, and 1998
Percent of defendants
40%

Drug

30%

Property
Violent

20%

10%
Public-order
0%
1990
Figure 2

2 Felony Defendants in Large Urban Counties, 1998

1992

1994

1996

1998

More than half of all felony defendants
(56%) faced at least one additional
charge and 37% were charged with at
least one additional felony (table 2).
Defendants whose most serious charge
was rape (73%) were the most likely to
have been charged with one or more
additional offenses. More than threefifths of defendants whose most serious
arrest charge was robbery (65%),
forgery (65%), drug trafficking (64%),
burglary (63%), or fraud (63%) were
also charged with one or more
additional offenses.
Two-thirds of rape defendants faced at
least 1 additional felony charge. About
half of defendants charged with fraud
(55%), robbery (54%), murder (53%),
forgery (50%), drug trafficking (49%), or
burglary (47%) also faced 1 or more
additional felony charges.
Two fifths of assault defendants and
about a third of those charged with a
weapons-related offense (35%) or
motor vehicle theft (31%) faced multiple
felony charges.

Table 2. Level of second most serious charge of felony defendants,
by most serious arrest charge, 1998

Most serious
arrest charge
All offenses

Number of
defendants

Percent of felony defendants in the 75 largest counties
Most serious additional charge
No
Misdeother
Total
Felony
meanor
Total
charges

56,474

100%

44%

56%

37%

19%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

13,536
409
732
3,442
6,896
2,057

100%
100
100
100
100
100

38%
44
27
35
40
40

62%
56
73
65
60
60

45%
53
67
54
40
41

17%
3
6
11
21
19

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

16,532
4,224
5,567
1,582
1,669
1,348
2,143

100%
100
100
100
100
100
100

47%
37
62
52
35
37
43

53%
63
38
48
65
63
57

37%
47
26
31
50
55
31

16%
16
13
17
15
9
26

Drug offenses
Trafficking
Other drug

20,972
9,991
10,981

100%
100
100

45%
36
53

55%
64
47

34%
49
21

21%
15
26

5,433
1,581
2,060
1,793

100%
100
100
100

50%
45
50
55

50%
55
50
45

23%
35
22
15

26%
20
27
30

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data for the most serious arrest charge and the next most serious arrest charge
were available for 99.8% of all cases. Detail may not add to total because of rounding.

Felony Defendants in Large Urban Counties, 1998

3

Demographic characteristics
Overall, 82% of felony defendants in
the 75 largest counties were male
(table 3). Men comprised the largest
percentages among defendants
charged with rape (100%), weapons
offenses (96%), driving-related
offenses (91%), robbery (91%), or
burglary (90%). Women accounted for
18% of defendants, including about half
of those charged with fraud (52%), and
about a third of those charged with
forgery (36%) or larceny/theft (31%).
Without consideration of Hispanic
origin, which was reported poorly in
some jurisdictions (see Methodology),
57% of defendants were black, 41%
were white, and 2% other races (table
3). Blacks comprised the largest
percentages among defendants
charged with weapons offenses (73%),
robbery (70%), murder (68%), and drug
trafficking (65%). Whites accounted
for a majority of the defendants facing
driving-related charges (58%) (figure 3).

Race of felony defendants in the 75 largest counties,
by most serious arrest charge, 1998
Most serious arrest charge
Weapons

Black

White

Robbery
Murder
Drug trafficking
Assault
Rape
Larceny/theft
Forgery
Fraud
Burglary
Motor vehicle theft
Driving-related
0%

20%

40%
60%
Percent of defendants

80%

100%

Figure 3

Table 3. Gender and race of felony defendants, by most serious arrest charge, 1998
Most serious
arrest charge
All offenses

Number of
defendants

Percent of felony defendants
in the 75 largest counties
Total
Male
Female

Number of
defendants

Percent of felony defendants
in the 75 largest counties
Total
Black
White
Other

56,451

100%

82%

18%

48,700

100%

57%

41%

2%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

13,526
409
732
3,442
6,890
2,053

100%
100
100
100
100
100

86%
87
100
91
81
87

14%
13
0
9
19
13

11,695
348
664
2,938
5,999
1,746

100%
100
100
100
100
100

60%
68
56
70
59
47

36%
30
42
27
37
49

4%
2
1
3
4
4

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

16,531
4,218
5,567
1,582
1,669
1,348
2,147

100%
100
100
100
100
100
100

76%
90
69
89
64
48
85

24%
10
31
11
36
52
15

14,581
3,590
5,087
1,315
1,478
1,126
1,986

100%
100
100
100
100
100
100

53%
51
55
48
55
51
54

45%
47
43
48
43
45
43

2%
2
2
3
2
5
3

Drug offenses
Trafficking
Other drug

20,966
9,986
10,980

100%
100
100

82%
84
79

18%
16
21

17,706
8,469
9,237

100%
100
100

59%
65
54

39%
34
44

2%
2
2

5,429
1,583
2,053
1,792

100%
100
100
100

91%
96
91
86

9%
4
9
14

4,717
1,309
1,822
1,586

100%
100
100
100

52%
73
41
48

46%
26
58
48

2%
1
1
4

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on gender of defendants were available for 99.7% of all cases and data on race of defendants were available for 86% of all cases.
Without consideration of Hispanic origin, Bureau of the Census data for 1998 indicate that the racial distribution of the population of the 75
largest counties was 76% white, 16% black, and 8% other races. Detail may not add to total because of rounding.

4 Felony Defendants in Large Urban Counties, 1998

About a fourth of defendants were
Hispanic (26%), including about a third
of those charged with drug trafficking
(32%) (table 4). Non-Hispanic whites
comprised about a fourth of defendants
(27%), including two-fifths of those
charged with a driving-related offense.
Non-Hispanic blacks comprised 45% of
defendants, including a majority of those
charged with a weapons offense (55%),
murder (54%), or robbery (53%).
The average age of defendants at the
time of arrest was 31 years (table 5).
By specific offense, the average age
ranged from 26 years for robbery
defendants to 34 for those charged
with a driving-related offense.
Just over half of defendants charged
with a violent offense (55%) were under
age 30, as were about half of property
(52%), drug (48%), and public-order
(47%) defendants. About a tenth of
robbery (11%) and murder (9%) defendants were under age 18.
An estimated 19% of defendants were
40 or older, including about a fourth of
those charged with a driving-related
offenses (26%), rape (25%), fraud (25%),
or a non-trafficking drug offense (24%).

Table 4. Race and Hispanic origin of felony defendants,
by most serious arrest charge, 1998
Most serious
arrest charge

Number of
defendants

Percent of felony defendants in the 75 largest counties
Black non- White non- Other non- Hispanic,
Total Hispanic
Hispanic
Hispanic
any race

41,427

100%

45%

27%

2%

26%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

10,207
256
561
2,474
5,338
1,577

100%
100
100
100
100
100

48%
54
48
53
47
41

24%
24
26
17
25
31

3%
3
2
2
3
3

26%
20
25
27
25
25

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

11,569
3,133
3,524
1,312
1,194
888
1,518

100%
100
100
100
100
100
100

42%
38
50
38
42
38
40

31%
31
29
32
30
34
36

2%
2
2
2
2
3
3

24%
30
19
28
26
25
21

Drug offenses
Trafficking
Other drug

15,726
7,582
8,144

100%
100
100

46%
49
43

25%
18
31

1%
1
1

28%
32
24

3,925
1,084
1,400
1,442

100%
100
100
100

43%
55
37
38

31%
16
40
34

2%
-1
4

25%
29
22
25

All offenses

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on both race and Hispanic origin of defendants were available for 73% of all cases.
According to the Bureau of the Census data for 1998, the overall percentage of the population
of the 75 largest counties was 57% white non-Hispanic, 16% black non-Hispanic, 8% other race
non-Hispanic, and 19% Hispanics of any race. Detail may not add to total because of rounding.
--Less than .5%.

Table 5. Age at arrest of felony defendants, by most serious arrest charge, 1998
Percent of felony defendants in the 75 largest counties
Most serious
arrest charge
All offenses

Number of
defendants

Total

Under 18

18-20

21-24

25-29

30-34

35-39

40 or
older

Average
age at arrest

56,131

100%

3%

15%

15%

17%

16%

14%

19%

31 yrs.

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

13,481
409
732
3,431
6,858
2,050

100%
100
100
100
100
100

6%
9
5
11
4
3

17%
20
10
23
15
14

15%
17
10
20
14
12

17%
18
19
15
17
18

16%
13
17
15
16
17

12%
8
14
8
13
15

17%
14
25
9
19
21

30 yrs.
28
33
26
31
32

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

16,456
4,202
5,536
1,574
1,665
1,332
2,147

100%
100
100
100
100
100
100

3%
4
2
3
2
1
5

16%
20
12
25
15
8
19

15%
15
15
18
16
14
16

18%
15
18
18
21
24
15

17%
17
18
16
15
15
14

14%
14
15
10
15
13
14

17%
16
20
10
16
25
16

30 yrs.
29
31
27
30
33
30

Drug offenses
Trafficking
Other drug

20,767
9,938
10,828

100%
100
100

2%
3
2

15%
18
12

15%
17
13

16%
16
16

16%
16
16

15%
13
17

21%
17
24

31 yrs.
30
32

5,427
1,579
2,060
1,787

100%
100
100
100

3%
6
-3

11%
19
5
8

15%
22
12
13

18%
18
19
16

16%
12
19
17

16%
9
19
20

21%
12
26
24

32 yrs.
27
34
33

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on age of defendants were available for 99.3% of all cases. Detail may not add to total because of rounding.
--Less than .5%.

Felony Defendants in Large Urban Counties, 1998

5

About half of robbery (53%), weapons
(49%), and murder (47%) defendants
were under age 25, compared to about
a third of defendants overall (34%)
(figure 4). Defendants charged with
rape (25%), fraud (23%) or a drivingrelated offense (17%) were the least
likely to be under age 25.

Defendants charged with robbery
(34%), murder (30%), motor vehicle
theft (28%), or a weapons offense
(28%) were more likely to be under age
21 than other defendants. Defendants
charged with a driving-related offense
(6%) or fraud (9%) were the least likely
to be this young.

Males formed a higher percentage
of defendants under age 18 (90%) than
of other age groups (table 6). The
largest percentage of female defendants was in the 30 to 39 age group
(22%). Sixty-six percent of the defendants under age 18 were black,
compared to 61% or less in other age
groups.

Felony defendants under age 25 and age 21 in the 75 largest counties,
by most serious arrest charge, 1998
P ercent of defendants
60%

50%
Under
age 25

40%

30%
Under
age 21

20%

10%

0%

All
M urder R ape
defendants

R obbery Assault Burglary Larceny/ M otor F orgery F raud
theft
vehicle
theft

D rug

W eapons D rivingtrafficking
related

M ost serious arrest charge

Figure 4

Table 6. Gender and race of felony defendants, by age at arrest, 1998

Age at arrest

Number of
defendants

Percent of felony defendants
in the 75 largest counties
Total
Male
Female

Number of
defendants

Percent of felony defendants
in the 75 largest counties
Total
Black
White
Other

All ages

56,091

100%

82%

18%

48,754

100%

57%

41%

2%

Under 18
18-20
21-24
25-29
30-34
35-39
40 or older

1,926
8,588
8,470
9,512
9,008
7,935
10,652

100%
100
100
100
100
100
100

90%
87
84
80
78
78
82

10%
13
16
20
22
22
18

1,723
7,157
6,992
8,003
7,837
7,113
9,750

100%
100
100
100
100
100
100

66%
61
59
56
55
52
56

32%
37
38
40
43
45
43

3%
2
2
4
2
3
2

Note: Data on defendant age and gender were available for 99% of all cases.
Data on defendant age and race were available for 86% all cases.
Detail may not add to total because of rounding.

6 Felony Defendants in Large Urban Counties, 1998

Black males comprised the largest
proportion of defendants in each age
group (figure 5). This effect was most
pronounced in the under-age-18
category in which black males (62%)
accounted for more than twice the
percentage of white males (28%). It
was least pronounced in the age 35 to 39
category, where black males (41%)
accounted for a proportion of defendants much closer to that accounted
for by white males (36%).

Race and gender of felony defendants in the 75 largest counties,
by age at arrest, 1998
Percent of defendants

60%

Black male
40%

Black females comprised a slightly
higher percentage than white females
in most of the age categories, but for
no more than 13% of the defendants
in any single age category.

White male
20%
Black female
White female
0%
Under 18

18-20

21-24

25-29
30-34
Age at arrest

35-39

40 or
older

Figure 5

Felony Defendants in Large Urban Counties, 1998

7

Criminal history

Criminal justice status at time
of arrest
Thirty-seven percent of felony defendants had an active criminal justice
status at the time of their arrest on the
current felony charge (table 7).
Among defendants charged with a
violent offense, about a third had an
active criminal justice status, ranging
from more than two-fifths of murder
(45%) and robbery (44%) defendants
to a fourth of rape defendants (25%).
Thirty-six percent of property defendants had a criminal justice status,
including about two-fifths of defendants charged with motor vehicle theft
(41%) or burglary (39%). Among
property defendants, those charged
with fraud (26%) were the least likely
to have had an active criminal justice
status at the time of arrest.
Among drug defendants, 40% had a
criminal justice status overall. Those
charged with drug trafficking (43%)
were more likely to have a criminal
justice status than those charged with
other drug offenses (36%).
Forty-two percent of public-order
defendants had an active criminal
justice status at the time of the current
arrest. This included 40% of those
charged with a weapons offense, 33%
of those charged with a driving-related
offense, and 53% of those charged
with other public-order offenses.

Table 7. Criminal justice status of felony defendants at time of arrest,
by most serious arrest charge, 1998

Most serious
current arrest charge
All offenses

Number of
defendants

Percent of felony defendants in the 75 largest counties
with an active criminal justice status at the time of arrest
Pretrial
In
Total Probation release* Parole custody Other

50,325

37%

16%

14%

5%

1%

1%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,257
360
669
3,046
6,289
1,893

34%
45
25
44
31
28

14%
23
10
15
13
13

14%
16
7
19
12
11

4%
2
7
7
3
2

2%
2
1
2
2
1

1%
1
0
1
1
1

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

15,087
3,861
5,166
1,451
1,475
1,224
1,909

36%
39
35
41
34
26
38

15%
17
16
21
11
14
10

13%
12
12
13
16
9
19

5%
7
5
6
4
1
6

2%
2
1
1
2
2
2

1%
-1
1
1
0
1

Drug offenses
Trafficking
Other drug

18,068
8,662
9,406

40%
43
36

17%
16
19

16%
20
11

5%
6
5

----

1%
1
1

4,914
1,357
1,973
1,584

42%
40
33
53

16%
19
16
12

16%
11
13
22

5%
8
2
6

4%
1
1
9

2%
1
1
4

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on criminal justice status at time of arrest were available for 89% of all cases.
Some defendants with a criminal justice status had more than 1 type of status. For those
cases, the status indicated is the most serious. Detail may not add to total because of
rounding. *Includes all defendants released prior to case disposition.
--Less than 0.5%.

Some defendants with a criminal
justice status had more than one type
of status. When just the most serious
criminal justice status is considered,
16% of defendants were on probation,
14% had been released pending
disposition of a previous case, and 5%
were on parole at the time of the
current arrest. Allowing for defendants
with multiple types of criminal justice,
17% had been released on a prior
case, 16% were on probation, and 5%
were on parole.

8 Felony Defendants in Large Urban Counties, 1998

The percent of defendants on parole at
the time of their current felony arrest
ranged from 7% of those charged with
a weapons offense to 1% of those with
charged with fraud (figure 6). Other
offenses with at least 5% of the defendants on parole at the time of arrest
included rape (6%), robbery (6%),
burglary (6%), motor vehicle theft
(6%), larceny/theft (5%), and drug
trafficking (5%).
The highest percentages of defendants on probation were among those
charged with murder (21%), motor
vehicle theft (20%), or a weapons
offense (18%). Defendants charged
with rape (10%), forgery (11%), assault
(12%), or fraud (13%) were less likely
to have been on probation at the time
of arrest.
Defendants charged with robbery
(20%), drug trafficking (20%), or
murder (18%) were the most likely to
have been on release pending disposition of a prior case when they were
arrested on the current felony charge.
These defendants were about twice as
likely as those charged with fraud (9%)
or rape (8%) to have had such a status
at the time of the current arrest.

Criminal justice status of felony defendants
in the 75 largest counties, 1998
On parole at time of arrest
Murder
Rape
Robbery
Assault
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%

5%

10%
15%
20%
Percent of defendants

25%

On probation at time of arrest
Murder
Rape
Robbery
Assault
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%

5%

10%
15%
20%
Percent of defendants

25%

O n pretrial release* at tim e of arrest
M urder
Rape
Robbery
A ssault
B urglary
Larceny/theft
M otor vehicle theft
Forgery
Fraud
Drug trafficking
W eapons
Driving-related
0%

5%

10%

15%

20%

25%

P ercent of defendants

*Includes all defendants released prior to case disposition.

Figure 6

Felony Defendants in Large Urban Counties, 1998 9

Prior arrests
Seventy-one percent of all defendants
had at least one prior felony or misdemeanor arrest (table 8). Defendants
whose most serious current arrest
charge was for a public-order (79%)
or drug (75%) offense were more likely
to have been previously arrested than
those charged with a property (68%)
or violent (67%) offense.
Among defendants charged with a
violent offense, murder (81%) and
robbery (73%) defendants were more
likely to have an arrest record those
charged with assault (66%) or rape
(61%).

Among property defendants, those
charged with motor vehicle theft (78%)
or burglary (77%) were the most likely
to have been arrested previously,
followed by those charged with
larceny/theft (66%) or forgery (65%).
Defendants charged with fraud (53%)
were the least likely among property
defendants to have one or more prior
arrests.
Among public-order defendants,
defendants charged with a drivingrelated felony (83%) were more likely
to have an arrest record than those
facing weapon charges (72%).

Among defendants with an arrest
record, about 7 in 8 had more than one
prior arrest charge, and a majority had
at least five. Overall, 62% of defendants had two or more prior arrest
charges, and 43% had five or more.
Defendants charged with a drivingrelated offense (56%) or burglary
(51%) were the most likely to have 5 or
more prior arrest charges, and those
charged with fraud (22%) the least
likely.
Twenty-five percent of all defendants
had 10 or more prior arrest charges.
This included 33% of defendants
charged with a driving-related offense,
31% of burglary defendants, 29% of
defendants charged with drug trafficking, 28% of murder defendants, and
27% of robbery defendants.

Table 8. Number of prior arrest charges of felony defendants,
by most serious current arrest charge, 1998

Most serious
current arrest charge
All offenses

Number of
defendants

Total

Percent of felony defendants in the 75 largest counties
Without
With prior arrest
prior
Number of prior arrest charges
arrest
Total
1
2-4
5-9
10 or more

50,203

100%

29%

71%

9%

19%

18%

25%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,338
353
686
3,042
6,361
1,896

100%
100
100
100
100
100

33%
19
39
27
34
37

67%
81
61
73
66
63

10%
15
10
10
8
12

17%
17
17
16
18
16

17%
20
14
20
17
16

23%
28
20
27
22
19

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

14,970
3,816
5,112
1,419
1,500
1,231
1,893

100%
100
100
100
100
100
100

32%
23
34
22
35
47
36

68%
77
66
78
65
53
64

10%
8
9
9
14
11
10

18%
18
17
21
19
20
16

16%
20
12
22
16
12
17

25%
31
27
26
16
10
20

Drug offenses
Trafficking
Other drug

18,079
8,734
9,345

100%
100
100

25%
24
27

75%
76
73

9%
8
9

21%
21
21

18%
18
18

27%
29
25

4,815
1,356
1,968
1,490

100%
100
100
100

21%
28
17
22

79%
72
83
78

9%
12
8
8

19%
21
20
18

21%
19
23
21

29%
20
33
31

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on prior arrests were available for 89% of all cases.
Detail may not add to total because of rounding.

10 Felony Defendants in Large Urban Counties, 1998

Two-thirds of defendants under age
18 had no previous arrests (figure 7).
This proportion dropped to just under
half among defendants age 18 to 20,
just under a third among those in the
21-to-24 age group, a fourth in the
25-to-29 age group, and about a fifth
among those age 30 to 49. About a
third of those age 50 or older had no
arrest record.

Number of prior arrest charges of felony defendants
in the 75 largest counties, by age of arrest, 1998
P ercent of defendants
80%

60%
N o p rio r a rre s ts

A fifth of the defendants age 18 to 20
had five or more prior arrests. This
proportion rose to more than a third of
defendants in the 21-to-24 age range,
just under half in the 25-to-29 age
range, and slightly more than half in
the 30-to-49 age range. In the latter
age range, defendants were more than
twice as likely to have five or more
prior arrests as no prior arrests.
Among defendants with an arrest
record, about 6 in 7 had been arrested
at least once for a felony. Overall,
three-fifths of defendants had a felony
arrest record (table 9). Nearly half of
all defendants had multiple prior felony
arrest charges, including 25% with five
or more.

5 o r m o re p rio r
a rre s t c h a rg e s

40%

20%
2 -4 p rio r a rre s t c h a rg e s

1 p rio r a rre s t c h a rg e
0%
U nder 18 18-20 21-24 25-29 30-34

A ge of defendants

35-39

4 0-49 50 or
older

Figure 7

Table 9. Number of prior felony arrest charges of felony defendants,
by most serious current arrest charge, 1998

Most serious
current arrest charge
All offenses

Number of
defendants

Total

Percent of felony defendants in the 75 largest counties
Without prior felony arrest
With prior felony arrest
Non-felony No prior
Number of prior felony charges
arrests
Total arrests
Total
1
2-4
5-9
10 or more

50,203

100%

40%

11%

29%

60%

12%

22%

15%

10%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,338
353
686
3,042
6,361
1,896

100%
100
100
100
100
100

45%
33
53
37
47
53

12%
14
14
10
13
16

33%
19
39
27
34
37

55%
67
47
63
53
47

11%
11
8
13
11
10

20%
30
17
20
20
19

15%
15
15
18
14
12

9%
11
7
12
9
6

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

14,970
3,816
5,112
1,419
1,500
1,231
1,893

100%
100
100
100
100
100
100

43%
34
46
33
46
60
46

11%
11
12
11
11
13
10

32%
23
34
22
35
47
36

57%
66
54
67
54
40
54

11%
10
12
10
14
11
14

20%
23
19
25
21
16
20

14%
18
13
19
12
10
11

11%
15
11
13
8
4
10

Drug offenses
Trafficking
Other drug

18,079
8,734
9,345

100%
100
100

36%
34
38

12%
10
11

25%
24
27

64%
66
62

12%
12
13

24%
25
24

17%
17
16

10%
11
9

4,815
1,356
1,968
1,490

100%
100
100
100

34%
34
36
33

14%
6
19
11

21%
28
17
22

66%
66
64
67

14%
16
13
13

26%
26
28
23

16%
15
15
20

10%
9
9
11

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on prior felony arrests were available for 89% of all cases.
Detail may not add to total because of rounding.

Felony Defendants in Large Urban Counties, 1998 11

More than half of the defendants
facing a current charge for a violent
felony had been previously arrested for
a felony, including 67% of murder
defendants and 63% of robbery defendants. Thirty percent of robbery defendants had 5 or more prior felony arrest
charges, including 12% with 10 or
more.
Fifty-seven percent of property defendants had 1 or more prior felony
arrests. About two-thirds of those
currently charged with motor vehicle
theft (67%) or burglary (66%) had a
prior felony arrest record, and about a
third of these defendants had at least
five prior felony arrest charges.
Fifteen percent of burglary defendants
and 13% of motor vehicle theft defendants had 10 or more.
Sixty-four percent of drug defendants
had at least one prior felony arrest
charge, and 27% had five or more.

Sixty-six percent of public-order defendants had been previously arrested for
a felony, including 26% with five or
more prior felony charges.

About half of robbery and murder
defendants had more than one prior
conviction, and about a fourth had
5 or more.

Prior convictions

Fifty-seven percent of property defendants had been convicted previously,
including 67% of burglary defendants.
Fifty-four percent of burglary defendants had multiple prior convictions,
including 29% with five or more.

Sixty-one percent of felony defendants
in the 75 largest counties were known
to have at least one prior conviction for
a misdemeanor or a felony (table 10).
About three-fourths of those with a
conviction record, accounting for 46%
of defendants overall, had more than
one prior conviction. Twenty-three
percent of all defendants had five or
more prior convictions.
Among defendants charged with a
violent offense, 57% had at least one
prior conviction. Murder (70%), and
robbery (63%) defendants were the
most likely to have a conviction record,
and rape defendants (51%) the least
likely.

Nearly two-thirds of drug defendants
had at least one prior conviction (64%).
About half (49%) had two or more, and
about a fourth (24%) had at least five.
These percentages did not vary significantly by type of drug offense.
Among public-order defendants, 70%
had a conviction record, and 27%
had five or more. Three-fourths of the
defendants facing driving-related
charges had at least one prior conviction of some type, and three-fifths had
multiple prior convictions.

Table 10. Number of prior convictions of felony defendants,
by most serious current arrest charge, 1998

Most serious
current arrest charge

Percent of felony defendants in the 75 largest counties
Without
With prior conviction
prior
Number of prior convictions
conviction Total
1
2-4
5-9
10 or more

Number of
defendants

Total

50,719

100%

39%

61%

15%

24%

15%

8%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,392
354
691
3,059
6,365
1,923

100%
100
100
100
100
100

43%
30
49
37
44
47

57%
70
51
63
56
53

14%
23
10
14
14
16

24%
22
25
27
23
20

13%
14
9
14
13
11

6%
11
6
8
5
7

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

15,149
3,850
5,139
1,471
1,498
1,234
1,957

100%
100
100
100
100
100
100

43%
33
45
35
50
58
46

57%
67
55
65
50
42
54

14%
13
12
15
15
18
15

22%
25
21
28
19
15
21

14%
17
14
15
10
8
13

8%
12
9
7
6
2
5

Drug offenses
Trafficking
Other drug

18,266
8,849
9,418

100%
100
100

36%
35
37

64%
65
63

15%
16
14

25%
25
25

16%
16
16

8%
8
8

4,912
1,379
1,985
1,549

100%
100
100
100

30%
39
25
28

70%
61
75
72

16%
18
16
15

27%
25
28
29

17%
15
19
16

10%
3
13
11

All offenses

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on number of prior convictions were available for 90% of all cases.
Detail may not add to total because of rounding.

12 Felony Defendants in Large Urban Counties, 1998

About two-thirds of the defendants with
a conviction record, 42% of defendants
overall, had at least one prior conviction for a felony (table 11).
Thirty-seven percent of defendants
whose current charge was for a violent
felony had previously been convicted
of a felony. Among these defendants,
the percentage with a prior felony
conviction ranged from 54% among
those charged with murder to 34% of
those charged with assault.

Forty percent of property defendants
had a felony conviction record, including nearly half of those charged with
motor vehicle theft (48%) or burglary
(47%). Defendants charged with fraud
(28%) were the least likely to have a
prior felony conviction.

A majority of the defendants with a
felony conviction record, 25% of defendants overall, had multiple prior felony
convictions. Six percent of all defendants had five or more prior felony
convictions.
By specific offense, defendants
charged with burglary (33%) or motor
vehicle theft (30%) were the most likely
to have multiple prior felony convictions. About 1 in 10 burglary defendants had five or more such
convictions. Defendants charged with
fraud (13%) were the least likely to
have more than one prior conviction
for a felony.

Forty-four percent of the defendants
whose most serious current arrest
charge was for a drug offense had
been previously convicted of a felony,
There was no significant variation by
type of drug offense.

Table 11. Number of prior felony convictions of felony defendants,
by most serious current arrest charge, 1998

Most serious
current arrest charge
All offenses

Number of
defendants

Total

Percent of felony defendants in the 75 largest counties
Without prior felony conviction
With prior felony conviction
Nonfelony No prior
Number of prior felony convictions
Total
only
convictions
Total
1
2-4
5-9
10 or more

50,719

100%

58%

19%

39%

42%

17%

19%

5%

1%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,392
354
691
3,059
6,365
1,923

100%
100
100
100
100
100

63%
46
62
55
66
66

20%
16
14
18
22
20

43%
30
49
37
44
47

37%
54
38
45
34
34

16%
26
15
17
15
15

17%
20
17
22
15
14

4%
3
4
5
4
3

1%
4
1
1
-1

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

15,149
3,850
5,139
1,471
1,498
1,234
1,957

100%
100
100
100
100
100
100

60%
53
62
52
66
72
62

17%
20
17
17
16
14
16

43%
33
45
35
50
58
46

40%
47
38
48
34
28
38

14%
14
14
18
13
15
16

19%
23
17
25
16
10
17

6%
8
7
5
4
2
4

1%
2
1
1
1
-1

Drug offenses
Trafficking
Other drug

18,266
8,849
9,418

100%
100
100

56%
55
56

20%
20
20

36%
35
37

44%
45
44

18%
19
17

20%
20
21

5%
5
6

1%
1
1

4,912
1,379
1,985
1,549

100%
100
100
100

51%
51
53
49

21%
11
29
21

30%
39
25
28

49%
49
47
51

22%
26
19
21

22%
19
21
24

5%
3
6
4

1%
1
-1

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on number of prior felony convictions were available for 90% of all cases.
Detail may not add to total because of rounding.
--Less than 0.5%.

Felony Defendants in Large Urban Counties, 1998 13

Seventy-seven percent of defendants
under age 18 at the time of the current
arrest had no prior adult convictions
(figure 8). Seventeen percent of these
defendants had been previously
convicted of at least one felony. Five
percent had at least one prior conviction for a misdemeanor, but none for a
felony. In the 18-to-20 age range, 62%
of defendants had no prior convictions,
while 23% had at least one prior felony
conviction.

Most serious prior conviction of felony defendants
in the 75 largest counties, by age at arrest, 1998
Percent of defendants
80%

None
60%
Felony
40%

A majority of the defendants age 21
or older had a conviction record, and
defendants ages 25 to 49 were more
likely to have a felony conviction record
than no prior convictions at all.
About half of defendants age 30 to 49
had a felony conviction record.
For nearly a third of the defendants
with a prior felony conviction, 12%
of defendants overall, their criminal
history included at least one conviction
for a violent felony (table 12). Fifteen
percent of the defendants currently
charged with a violent offense had a
prior conviction for a violent felony.

20%

Misdemeanor

0%
Under 18 18-20

21-24

25-29

30-34

35-39

40-49

Age at arrest

50 or
older

Figure 8

Table 12. Most serious prior conviction of felony defendants, by most serious current arrest charge, 1998

Most serious
current arrest charge
All offenses

Number of
defendants

Total

Without
prior
conviction

Percent of felony defendants in the 75 largest counties
Most serious prior conviction
Felony
Total
Total
Violent
Nonviolent

Misdemeanor

52,616

100%

39%

61%

42%

12%

29%

19%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,808
389
716
3,172
6,534
1,998

100%
100
100
100
100
100

43%
30
49
37
44
47

57%
70
51
63
56
53

37%
54
38
45
34
34

15%
14
17
19
15
11

22%
40
20
25
19
23

20%
16
14
18
22
20

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

15,684
3,969
5,297
1,526
1,570
1,294
2,028

100%
100
100
100
100
100
100

43%
33
45
35
50
58
46

57%
67
55
65
50
42
54

40%
47
38
48
34
28
38

11%
16
10
12
7
3
11

29%
31
28
36
27
25
26

17%
20
17
17
16
14
16

Drug offenses
Trafficking
Other drug

19,056
9,218
9,838

100%
100
100

36%
35
37

64%
65
63

44%
45
44

10%
10
11

34%
35
33

20%
20
20

5,068
1,453
2,009
1,606

100%
100
100
100

30%
39
25
28

70%
61
75
72

49%
49
47
51

17%
18
12
21

32%
31
34
30

21%
11
29
21

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on most serious prior conviction were available for 93% of all cases.
Detail may not add to total because of rounding.

14 Felony Defendants in Large Urban Counties, 1998

By specific arrest charge, the percentage of defendants previously convicted
of a violent felony was highest among
those charged with robbery (19%), a
weapons offense (18%), rape (17%),
burglary (16%), assault (15%) or
murder (14%) (figure 9). Defendants
charged with fraud (3%) or forgery
(7%) were the least likely to have a
prior conviction for a violent felony.
The most serious prior conviction was
a nonviolent felony for 40% of murder
defendants. This was also the case
for about a third of defendants charged
with motor vehicle theft (36%), drug
trafficking (35%), a driving-related
offense (34%), burglary (31%), or a
weapons offense (31%).
Defendants charged with a drivingrelated offense (28%) were more likely
than other defendants to have a
conviction record that consisted only of
misdemeanors.

Most serious prior conviction of felony defendants
in the 75 largest counties, 1998
Violent felony
Murder
Rape
Robbery
Assault
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%

5%

10%

15% 20% 25% 30% 35%
Percent of defendants

40%

5%

10% 15% 20% 25% 30% 35% 40%
Percent of defendants

5%

10%

Nonviolent felony
Murder
Rape
Robbery
Assault
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%

Misdemeanor
Murder
Rape
Robbery
Assault
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%

15% 20% 25% 30%
Percent of defendants

35%

40%

Figure 9

Felony Defendants in Large Urban Counties, 1998 15

Pretrial release and detention

Rates of release and detention
An estimated 64% of felony defendants in the 75 largest counties were
released prior to the final disposition
of their case (table 13). By general
offense category, defendants charged
with a violent offense (54%) were less
likely to be released than those whose
most serious arrest charge was a
public-order (69%), drug (68%), or
property (66%) offense.
Within the violent offense category,
release rates varied greatly. Just 13%
of murder defendants were released
compared to 62% of those charged
with assault. Forty-seven percent of
rape defendants and 38% of robbery
defendants were released before the
court disposed of their case.
Among defendants charged with a
property offense, half of those charged
with burglary or motor vehicle theft
were released prior to case disposition.
Higher proportions of those charged
with fraud (84%), forgery (78%), or
larceny/theft (73%) were released.
Among drug defendants, those
charged with drug trafficking (63%)
were less likely to be released than
those charged with other drug
offenses (72%). Among public-order
defendants, those charged with a
driving-related offense (78%) were
the most likely to be released.

Table 13. Felony defendants released before or detained until case
disposition, by most serious arrest charge, 1998

Most serious
arrest charge

Number of
defendants

All offenses

Percent of defendants in
the 75 largest counties
Released
Detained
before case
until case
Total
disposition
disposition

54,458

100%

64%

36%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

13,241
409
723
3,386
6,705
2,017

100%
100
100
100
100
100

54%
13
47
38
62
63

46%
87
53
62
38
37

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

15,860
4,116
5,316
1,551
1,556
1,312
2,010

100%
100
100
100
100
100
100

66%
50
73
50
78
84
70

34%
50
27
50
22
16
30

Drug offenses
Trafficking
Other drug

20,346
9,751
10,595

100%
100
100

68%
63
72

32%
37
28

5,011
1,567
1,819
1,625

100%
100
100
100

69%
64
78
63

31%
36
22
37

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on detention/release outcome were available for 96% of all cases.
Detail may not add to total because of rounding.

Pretrial detention of felony defendants in the 75 largest counties,
by most serious arrest charge, 1998
Most serious arrest charge
Held on bail
Denied bail
Denied bail

Murder
Rape

Among the 37% of defendants who
were detained in jail until case disposition, about 4 in 5 had a bail amount set
but did not post the money required to
secure release. Detained murder
defendants were the exception to this
rule; a majority of them, 47% of
murder defendants overall, were
ordered held without bail (figure 10).
Across all offense types, 7% of felony
defendants in the 75 largest counties
were denied bail.

Robbery
Assault
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%
Figure 10

16 Felony Defendants in Large Urban Counties, 1998

10%

20%

30%
40%
50%
60%
Percent of defendants

70%

80%

A majority of the defendants released
prior to case disposition, 34% of defendants overall, were released under
financial conditions that required the
posting of bail (see Methodology for
definitions related to pretrial release)
(table 14). The most common type of
financial release was surety bond
(24% of all defendants and 36% of
released defendants), which involves
the services of a commercial bail bond
agent (figure 11).

A small number of defendants were
released prior to case disposition as
the result of an emergency release
used to relieve jail crowding. Such
releases did not involve the use of any
of the release types mentioned above.

Release on personal recognizance
(18% of all defendants and 30% of
released defendants), was the type
of nonfinancial release used most.
Other nonfinancial types of release
included conditional release (8% of all
defendants and 13% of released
defendants), and release on
unsecured bond (4% and 6%).
Pretrial release of felony defendants
in the 75 largest counties, 1998
Type of pretrial release

Other types of financial release were
deposit bond (5% of all defendants and
8% of released defendants), full cash
bond (3% and 5%), and property bond
(2% and 3%). All of these types of
bonds are posted directly with the court
without the use of a bail bond agent.

Surety bond
Recognizance
Conditional
Deposit bond
Unsecured bond

Just under half of released defendants,
30% of defendants overall, were
released under nonfinancial conditions
not requiring the posting of bail.

Full cash bond
Property bond
0%

10%
20%
30%
40%
Percent of released defendants

50%

Figure 11

Table 14. Type of pretrial release or detention of felony defendants, by most serious arrest charge, 1998

Most serious
arrest charge
All offenses

Percent of felony defendants in the 75 largest counties
Released before case disposition
Financial release
Nonfinancial release
Full
Total
Total
Surety Deposit cash
Property
nonRecog- ConUnfinancial bond
bond
bond
bond
financial nizance ditional secured

Emergency
release

Detained until
case disposition
Held
on
Denied
bail
bail

34%

24%

5%

3%

2%

30%

18%

8%

4%

--%

29%

7%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

36%
11
30
27
41
41

24%
4
19
16
29
28

7%
4
3
7
8
6

3%
1
6
1
3
5

2%
2
3
3
1
2

18%
2
17
11
20
22

11%
2
10
7
13
13

5%
1
7
3
6
7

2%
0
0
1
2
2

0
0
0
0
0
0

36%
39
42
50
30
30

10%
47
12
11
8
7

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

33%
27
38
25
36
29
34

24%
20
28
20
26
21
22

4%
4
4
4
4
5
6

3%
2
4
1
5
2
2

2%
1
2
-1
1
4

33%
23
34
25
41
53
35

20%
14
21
13
23
41
17

8%
6
8
9
14
5
9

5%
2
5
3
4
7
9

--%
----1
1

28%
41
22
42
16
14
25

7%
9
6
8
7
2
5

Drug offenses
Trafficking
Other drug

33%
36
32

23%
27
21

5%
5
6

3%
3
2

2%
1
3

34%
27
40

21%
16
25

9%
8
10

4%
3
6

--%
---

27%
31
23

5%
6
5

Public-order offenses
Weapons
Driving-related
Other public-order

38%
36
45
32

26%
21
34
22

6%
10
5
3

6%
5
6
6

--%
1
-1

30%
27
33
31

17%
13
19
21

9%
7
11
8

4%
8
3
2

--%
----

22%
29
17
22

9%
7
5
15

Note: Data on specific type of pretrial release or detention were available for 87% of all cases. Detail may not add to total because of rounding.
--Less than 0.5%.

Felony Defendants in Large Urban Counties, 1998 17

Bail amounts
Overall, 64% of felony defendants had
a bail amount set by the court, and
were required to post all or part of that
amount to secure release while their
case was pending. The remainder
were granted nonfinancial release
(30%), ordered held without bail (7%),
or were part of an emergency release
(less than 0.5%). Just under half of
those with a bail amount had it set at
$10,000 or more, and a fourth had it
set at $25,000 or more (table 15).
Among defendants with a bail amount
set, those charged with a violent
offense (40%) were about twice as
likely as other defendants to have it set
at $25,000 or more. About 9 in 10
murder defendants (91%) with a bail
amount had it set at $25,000 or more,
as did about two-thirds of rape defendants (67%) and about half of robbery
defendants (53%).
Among property defendants with a bail
amount set, those charged with
burglary (25%) were the most likely
to have bail set at $25,000 or more.
Among drug defendants, those
charged with drug trafficking (26%)
were about twice as likely to have bail
set at $25,000 or more as other drug
defendants (14%). Among publicorder defendants, those charged with
a weapons offense (24%) were more
likely than those charged with a
driving-related offense (14%) to have
bail set this high.
Overall, defendants who were detained
until case disposition had a median
bail amount 3 times that of defendants
who secured release ($15,000 versus
$5,000) (table 16). The mean bail
amount for detained defendants
($56,900) was about 5 times that of
defendants who secured release
($11,300).
Detained murder defendants had the
highest median ($250,000) and mean
($529,200) bail amounts. Overall,
the median bail amount for murder
defendants was $250,000 and the
mean was $441,600.

Table 15. Bail amount set for felony defendants,
by most serious arrest charge, 1998

Most serious
arrest charge
All offenses

Number of
defendants Total

Percent of felony defendants in the 75
largest counties with a bail amount of:
Under
$5,000$10,000$25,000
$5,000
$9,999
$24,999
or more

30,479

100%

34%

20%

22%

25%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

8,281
196
450
2,238
4,083
1,313

100%
100
100
100
100
100

22%
3
10
14
28
24

17%
2
7
13
20
20

20%
3
16
20
21
24

40%
91
67
53
31
32

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

8,705
2,552
2,963
1,010
668
519
993

100%
100
100
100
100
100
100

42%
30
52
37
47
39
51

20%
21
19
21
19
20
20

21%
25
18
24
15
26
16

17%
25
12
18
19
14
13

10,819
5,508
5,311

100%
100
100

34%
24
44

22%
24
20

24%
27
22

20%
26
14

2,675
927
1,045
703

100%
100
100
100

43%
31
52
44

18%
19
19
17

19%
26
14
16

20%
24
14
23

Drug offenses
Trafficking
Other drug
Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on bail amount were available for 95% of all defendants for whom a bail
amount was set. Table excludes defendants given nonfinancial release.
Detail may not add to 100% because of rounding.

Table 16. Median and mean bail amounts set for felony defendants,
by pretrial release/detention outcome and most serious arrest charge, 1998
Most serious
arrest charge
All offenses

Felony defendants in the 75 largest counties
Median bail amount
Mean bail amount
Total
Released Detained
Total
Released Detained
$7,500

$5,000

$15,000

$33,000

$11,300

$56,900

$15,000
250,000
30,000
25,000
10,000
10,000

$7,500
50,000
17,500
8,000
5,000
5,000

$30,000
250,000
60,000
35,000
25,000
30,000

$55,800
441,600
85,500
57,100
39,700
36,200

$13,000
108,400
23,500
14,000
10,500
11,700

$92,800
529,200
126,600
75,900
73,400
68,900

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

$5,000
8,000
3,500
5,500
5,000
5,000
4,500

$2,500
5,000
2,000
2,500
2,500
5,000
2,500

$10,000
15,000
10,000
10,000
11,000
10,000
5,500

$19,900
29,100
13,000
15,600
14,500
13,000
28,900

$6,400
8,600
5,000
6,500
7,600
8,300
5,200

$35,100
42,000
27,000
21,200
29,300
23,100
56,100

Drug offenses
Trafficking
Other drug

$7,500
10,000
5,000

$5,000
5,500
2,500

$10,000
15,000
10,000

$29,100
40,300
17,500

$15,600
26,400
5,400

$45,100
55,100
33,400

Public-order offenses
Weapons
Driving-related
Other public-order

$5,000
10,000
3,500
5,000

$2,500
5,000
2,000
2,500

$20,000
20,000
15,000
10,000

$21,200
31,100
14,200
18,500

$6,200
7,200
5,000
7,100

$45,100
60,100
39,200
31,300

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

Note: Data on bail amount were available for 95% of all defendants for whom
a bail amount was set. Bail amounts have been rounded to the nearest hundred dollars.
Table excludes defendants given nonfinancial release.

18 Felony Defendants in Large Urban Counties, 1998

Overall, about half (52%) of defendants who were required to post bail to
secure release did so. About threefourths of defendants with a bail set at
under $5,000 (76%) posted the
amount needed for release, as did
about three-fifths of those with a bail
amount of $5,000 to $9,999 (61%)
(figure 12). In contrast, just 1 in 8
defendants with bail set at $50,000 or
more (12%), and 1 in 4 defendants
with a bail amount of $25,000 to
$49,999 (27%) met the financial
conditions required for release.
Among defendants given financial
release, the mean bail amount was
higher for those released on surety
($13,300) or property ($12,800) bond,
than for those released on full cash
($9,200) or deposit ($8,600) bond.
The median bail amount was $5,000
for all types of financial release bonds
except full cash ($2,500).
Type of
release bond
Surety
Deposit
Full cash
Property
Unsecured

Bail amount
Median
Mean
$5,000 $13,300
5,000
8,600
2,500
9,200
5,000 12,800
$5,000

$7,700

Unlike those released on full cash
bond, defendants released on deposit
bond generally posted 10% of the full
bail amount with the court to secure
release. However, they remained
liable to the court for the full bail
amount if they violated the terms of
release.
Those released on surety bond paid a
similar fee to a bail bond agent, who
assumed liability to the court for the full
bail amount if the defendant violated
the terms of release.
Defendants released on an unsecured
bond had a median bail amount of
$5,000 and a mean bail amount of
$7,700. These defendants did not
have to post any of this amount, but
like those on financial release, they
were liable for the full bail amount if
they violated the terms of release.

Probability of release for felony defendants in the
75 largest counties, by bail amount set, 1998
Bail amount set
$50,000 or more
$25,000-$49,999
$10,000-$24,999
$5,000-$9,999
Under $5,000
0%
20%
40%
60%
80%
Percent of defendants released prior to case disposition
Figure 12

Time from arrest to release
Among defendants released prior to
case disposition, 54% were released
within 1 day of arrest, and 80% within 1
week (table 17). Nearly all releases
during the 1-year study occurred within
a month of arrest (94%).
By general offense category, defendants charged with a violent offense
(49%) were the least likely to be
released within 1 day of arrest. Slightly
more than half of those charged with a

drug (53%), public-order (56%), or
property (58%) offense were released
this quickly.
By specific offense, murder defendants
typically waited the longest to be
released. Just 7% of released murder
defendants were released within 1 day
of arrest, compared to 71% of those
charged with fraud and 63% of those
charged with charged with larceny/
theft. After 1 month, just 32% of
murder defendant releases had
occurred, compared to nearly all of the
releases of other defendants.

Table 17. Time from arrest to release for felony defendants released
before case disposition, by most serious arrest charge, 1998
Most serious
arrest charge
All offenses

Released felony defendants in the 75 largest counties
Number of
Percent who were released within:
defendants
1 day
1 week
1 month
33,878

54%

80%

94%

6,949
51
334
1,242
4,074
1,248

49%
7
31
39
53
55

75%
28
61
67
78
81

91%
32
83
84
93
94

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

10,183
2,000
3,798
771
1,173
1,084
1,356

58%
44
63
48
56
71
63

81%
75
83
69
83
83
86

94%
92
94
92
97
93
96

Drug offenses
Trafficking
Other drug

13,449
6,046
7,403

53%
50
55

82%
79
84

94%
92
96

3,298
978
1,354
966

56%
52
59
56

82%
78
84
83

95%
96
95
95

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on time from arrest to release were available for 97% of all cases.
Release data were collected for 1 year.

Felony Defendants in Large Urban Counties, 1998 19

When differences among types of
offense are held constant, defendants
released under financial terms generally took longer to secure their release
than those who were released under
nonfinancial conditions. Among defendants who were released under financial conditions, the amount of time
from arrest to pretrial release tended
to increase as the bail amount did.
Criminal history and probability
of release
Court decisions about bail and pretrial
release are primarily based on the
judgment of whether a defendant will
appear in court as scheduled and
whether there is potential danger to
the community from crimes that a
defendant may commit if released.
Many States have established specific
criteria to be considered by the courts
when setting release conditions.

The SCPS data illustrate how release
rates vary with some of these factors.
For example, 71% of the defendants
without an active criminal justice status
when arrested for the current offense
were released prior to case disposition,
compared to 42% of those with such a
status (table 18). Defendants on
parole (18%) or with an open bench
warrant (20%) at the time of arrest
were the least likely to be released.
This compared with 43% of those on
probation and 55% of those released
pending disposition of a prior case.
Seventy-nine percent of the defendants with no prior arrests were
released, compared to 54% of those
who had been previously arrested.
Among defendants with an arrest
record, those who had never missed a
court appearance (59%) had a higher
probability of being released than
those who had failed to appear at least
once during a previous case (46%).

About three-fourths of defendants
without a prior conviction (77%) were
released prior to disposition of the
current case, compared to half of
those with a conviction record. Among
defendants with a conviction record,
release rates ranged from 62% for
those with a single prior conviction to
39% for those with five or more.
Less than half of the defendants with
one or more prior felony convictions
(44%) were released prior to disposition of the current case, compared to
about three-fifths of those whose prior
convictions involved only misdemeanors (62%). Those with a prior conviction for a violent felony (39%) had a
lower release rate than those whose
most serious prior conviction was for a
nonviolent felony (47%).

Table 18. Percent of felony defendants who were released prior to case disposition,
by criminal history, 1998

Criminal history

Number of
defendants

Felony defendants in the 75 largest counties
Released prior to case disposition
Detained until case disposition
NonTotal
Financial
financial
Held
Denied
released
release
release
Total
on bail
bail

Criminal justice status
Any type
On parole
On probation
Open failure to appear warrant
On pretrial release*
None

15,967
2,197
7,535
434
4,962
28,009

42%
18
43
20
55
71

23%
9
23
7
31
36

19%
9
20
14
24
34

58%
82
57
80
45
29

41%
60
40
65
33
26

18%
22
16
14
12
3

Court appearance history
With prior arrest(s)
With prior failure to appear
Made all prior appearances
No prior arrests

33,361
14,510
16,533
11,692

54%
46
59
79

28%
22
33
39

25%
24
26
39

46%
54
41
21

36%
42
33
18

10%
12
8
3

Number of prior convictions
With prior conviction(s)
5 or more
2-4
1
None

28,376
10,114
10,365
6,237
17,536

50%
39
51
62
77

26%
22
27
31
39

24%
17
24
30
38

50%
61
49
38
23

39%
49
37
29
19

11%
12
11
10
4

Most serious prior conviction
Any type of felony
Violent felony
Nonviolent felony
Misdemeanor

19,634
5,786
13,874
8,743

44%
39
47
62

24%
22
25
31

20%
17
22
31

56%
61
53
38

43%
45
42
31

13%
16
11
6

Note: Detail may not add to total because of rounding.
*Includes all defendants who were released prior to case disposition and did not have an open bench warrant for failure-to-appear.

20 Felony Defendants in Large Urban Counties, 1998

Conduct of released defendants
Among defendants who were released
prior to case disposition, 31% committed some type of misconduct while in a
release status (table 19). This may
have been in the form of a failure to
appear in court, an arrest for a new
offense, or some other violation of
release conditions that resulted in the
revocation of that release by the court.
By original offense category, the
proportion of defendants charged with
pretrial misconduct was higher for drug
defendants (38%) than for defendants
charged with a property (29%), publicorder (27%), or violent (24%) offense.
By specific arrest offense, rates of
pretrial misconduct were highest
among defendants charged with drug

Table 19. Released felony defendants
committing misconduct, by most
serious arrest charge, 1998

Most serious
arrest charge
All offenses

Released felony
defendants in the
75 largest counties
Percent
with misNumber
conduct
34,753

31%

7,103
55
338
1,303
4,142
1,267

24%
16
20
38
21
20

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

10,404
2,049
3,855
779
1,208
1,105
1,408

29%
35
30
39
31
12
28

Drug offenses
Trafficking
Other drug

13,805
6,165
7,640

38%
40
36

3,441
1,004
1,419
1,018

27%
27
26
28

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Types of misconduct included failure
to appear in court, rearrest for a new
offense, or a technical violation of release
conditions that resulted in the revocation of
pretrial release. Data were collected for up
to 1 year.

trafficking (40%), motor vehicle theft
(39%), or robbery (38%). Defendants
whose most serious original arrest
charge was fraud (12%) had the
lowest misconduct rate.
Failure to appear in court
About three-fourths of the defendants
who were released prior to case
disposition made all scheduled court
appearances (76%). Bench warrants
for failing to appear in court were
issued for the remaining 24%
(table 20).
Released drug defendants (30%) had
the highest failure-to-appear rate
followed by property defendants
(24%). Lower percentages of defendants charged with public-order (18%)
or violent (14%) offenses failed to

appear in court as scheduled. Within
the violent offense category, failure-toappear rates were highest for defendants charged with robbery (21%).
Nearly a fourth of the defendants who
failed to appear in court, 5% of all
defendants, were still fugitives at the
end of the 1-year study period. The
remainder were returned to the court
(either voluntarily or not) before the
end of the study.
Defendants released after being
charged with a drug offense (7%) were
slightly more likely to be a fugitive after
1 year than defendants released after
being charged with other offenses. No
released murder defendants were in a
fugitive status at the end of the 1-year
study period.

Table 20. Released felony defendants who failed to make a scheduled court
appearance, by most serious arrest charge, 1998

Most serious
arrest charge
All offenses

Number of
defendants

Percent of released felony
defendants in the 75 largest counties who:
Failed to appear in court
Made all court
Returned Remained
appearances
Total
to court
a fugitive

34,695

76%

24%

18%

5%

7,090
55
333
1,298
4,142
1,262

86%
100
90
79
87
90

14%
0
10
21
13
10

11%
0
9
17
11
8

3%
0
1
4
2
2

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

10,380
2,044
3,846
776
1,205
1,105
1,404

76%
74
76
67
75
88
80

24%
26
24
33
25
12
20

18%
21
19
28
19
8
15

5%
5
5
5
6
5
5

Drug offenses
Trafficking
Other drug

13,784
6,165
7,619

70%
73
68

30%
27
32

22%
20
24

7%
6
8

3,441
1,004
1,419
1,018

82%
84
80
81

18%
16
20
19

14%
13
15
15

4%
3
5
4

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on the court appearance record for the current case were available for 99.8% of
cases involving a defendant released prior to case disposition. All defendants who failed to
appear in court and were not returned to the court during the 1-year study period are counted as
fugitives. Some of these defendants may have been returned to the court at a later date. Detail
may not add to total because of rounding.

Felony Defendants in Large Urban Counties, 1998 21

Rearrest for a new offense
Overall, 16% of released defendants
were rearrested for a new offense
allegedly committed while they awaited
disposition of their original case (table
21). Sixty-two percent of these defendants, 10% of all released defendants,
were charged with a new felony. Sixtytwo percent of the new felony arrests
were for the same category of offense
as the original charge, and 44% were
for the same specific type of offense.
By original arrest charge, released
drug trafficking (25%) and robbery
(24%) defendants had the highest
pretrial rearrest rate. Defendants originally charged with fraud (3%) had the
lowest. Defendants released after
originally being charged with robbery
(15%), drug trafficking (15%), or motor
vehicle theft (14%) were the most likely
to be rearrested for a new felony while
in a release status (figure 13).

Table 21. Released felony defendants who were rearrested prior to case
disposition, by most serious arrest charge, 1998

Most serious
arrest charge
All offenses

Number of
defendants

Percent of released felony
defendants in the 75 largest counties
Rearrested
Not
MisdeTotal rearrested
Total
Felony
meanor

32,208

100%

84%

16%

10%

6%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

6,740
55
320
1,229
3,951
1,186

100%
100
100
100
100
100

87%
92
92
76
89
88

13%
8
8
24
11
12

8%
8
7
15
6
5

6%
0
1
9
5
7

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

9,677
1,902
3,651
701
1,088
1,024
1,311

100%
100
100
100
100
100
100

86%
83
86
81
90
97
85

14%
17
14
19
10
3
15

8%
11
8
14
6
2
10

5%
6
6
4
5
1
5

12,546
5,664
6,882

100%
100
100

80%
75
84

20%
25
16

13%
15
10

7%
9
6

3,245
914
1,370
962

100%
100
100
100

86%
88
87
82

14%
12
13
18

9%
7
9
11

5%
5
4
7

Drug offenses
Trafficking
Other drug
Public-order offenses
Weapons
Driving-related
Other public-order

Note: Rearrest data were available for 93% of released defendants. Rearrest data
were collected for 1 year. Rearrests occurring after the end of this 1-year study period
are not included in the table. Information on rearrests occurring in jurisdictions other
than the one granting the pretrial release was not always available. Detail may not
add to total because of rounding.

Misconduct prior to case disposition by released felony defendants in the 75 largest counties, 1998
Rearrested for a new felony

Committing any type of misconduct

Most serous arrest charge

Most serious arrest charge

Murder

Murder
Rape

Rape

Robbery

Robbery

Assault

Assault

Burglary

Burglary

Larceny/theft

Larceny/theft

Motor vehicle theft

Motor vehicle theft

Forgery

Forgery

Fraud

Fraud

Drug trafficking

Drug trafficking

Weapons

Weapons

Driving-related

Driving-related
0%

10%
20%
30%
40%
Percent of released defendants

Figure 13

22 Felony Defendants in Large Urban Counties, 1998

50%

0%

10%
20%
30%
40%
Percent of released defendants

50%

Adjudication

Time from arrest to adjudication
For 54% of felony defendants in the 75
largest counties, adjudication of their
case occurred within 3 months of
arrest, and 75% of cases were adjudicated within 6 months of arrest (table
22). By the end of the 1-year study
period, 90% of all cases had been
adjudicated.
While the overall median time from
arrest to adjudication was 79 days, it
was about twice this long for rape
defendants (163 days), and was more
than a year for murder defendants.
Defendants charged with motor vehicle
theft had the shortest median time
from arrest to adjudication (49 days).
At the end of the 1-year study period,
61% of murder defendants were awaiting adjudication of their case,
compared to 20% of rape defendants,
and no more than 12% of the defendants in any other offense category.
For each offense other than murder
(for which medians could not be calculated), and rape (where the times were
about the same), the median time from
arrest to adjudication was shorter for
detained defendants than for those
released pending case disposition
(figure 14).
The median time from arrest to adjudication was about 3 months longer
for defendants released after being
charged with motor vehicle theft, drug
trafficking or a driving-related felony
than for those detained. The difference was about 2½ months among
those charged with forgery or
larceny/theft, and about 2 months
among those charged with burglary,
assault, or fraud.

Table 22. Time from arrest to adjudication for felony defendants,
by most serious arrest charge, 1998
Most serious
arrest charge

Felony defendants in the 75 largest counties
Median Cumulative percent of cases adjudicated within:
time
1 week 1 month 3 months 6 months 1 year

Number of
defendants

All offenses

55,988

79 days

10%

29%

54%

75%

90%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

13,490
409
725
3,429
6,873
2,054

92 days
-163
89
81
95

8%
1
9
9
8
6

27%
5
16
28
30
21

50%
14
32
51
53
47

73%
20
57
74
77
71

89%
39
80
89
92
91

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

16,480
4,206
5,550
1,578
1,663
1,343
2,139

76 days
77
85
49
94
70
71

10%
8
10
8
11
11
14

29%
30
25
38
25
27
30

57%
56
55
65
49
59
56

79%
79
78
87
73
77
78

91%
91
91
96
88
89
89

Drug offenses
Trafficking
Other drug

20,596
9,903
10,693

75 days
79
69

11%
12
10

30%
29
31

56%
53
58

75%
73
76

89%
89
89

5,422
1,573
2,060
1,788

78 days
69
96
62

12%
6
14
16

30%
30
28
32

55%
56
47
61

77%
77
73
80

91%
92
88
93

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on time from arrest to adjudication were available for 99% of all cases.
The median time from arrest to adjudication includes cases still pending at the end of the study.
Knowing the exact times for these cases would not change the medians reported.
--The median time from arrest to adjudication for murder defendants extended beyond the
1-year study period and could not be calculated.

Median time from arrest to adjudication for felony defendants in
the 75 largest counties, by pretrial detention-release outcome, 1998
M ost serious
arrest charge
R ape
R e le a s e d

R obbery

D e ta in e d

A ssault
B urglary
Larceny/theft
M otor vehicle theft
Forgery

Excluding murder, the longest median
time from arrest to adjudication among
released defendants was for those
charged with rape (163 days), followed
by those charged with a driving-related
offense (131 days), drug trafficking
(128 days), or forgery (126 days).
Detained defendants charged with
motor vehicle theft (27 days) or fraud
(28 days) had the shortest adjudication
time.

Fraud
D rug trafficking
W eapons
D riving-related
0

40

80

120

160

200

N um ber of days

N ote: M urder defend ants are excluded because their m edian tim e
from arrest to adjudica tion exceeded the 1-year study period,
and could not be calcu lated.

Figure 14

Felony Defendants in Large Urban Counties, 1998 23

Table 23. Adjudication outcome for felony defendants, by most serious arrest charge, 1998

Most serious
arrest charge

Number of
defendants

All offenses

Total
convicted

Total

Percent of felony defendants in the 75 largest counties
Convicted
Not convicted
Felony
Misdemeanor
DisAcPlea
Trial
Total
Plea
Trial
Total missed quitted

Other
outcome*

50,284

68%

52%

50%

2%

15%

15%

1%

28%

27%

1%

4%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

12,067
158
586
3,072
6,375
1,875

59%
68
66
66
54
61

42%
68
52
53
34
45

38%
42
48
47
32
42

4%
26
4
6
3
3

17%
0
14
12
20
16

16%
0
13
11
19
14

1%
0
1
1
1
2

38%
32
31
31
42
35

36%
30
29
30
41
33

1%
2
2
1
1
2

3%
0
3
3
4
4

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

14,949
3,821
5,049
1,511
1,469
1,195
1,904

69%
72
66
66
75
69
68

52%
58
50
53
53
48
41

49%
57
48
50
50
46
39

2%
2
2
2
2
2
2

18%
14
15
14
22
22
27

17%
14
15
13
22
22
27

--%
--1
-0
0

26%
24
27
31
23
19
30

25%
24
26
31
22
18
28

1%
1
1
--1
1

5%
3
7
2
2
12
2

Drug offenses
Trafficking
Other drug

18,336
8,811
9,524

72%
77
67

61%
66
57

59%
64
55

2%
2
1

11%
12
11

11%
10
11

1%
1
--

23%
20
26

22%
19
26

--%
---

5%
3
7

4,932
1,453
1,816
1,662

69%
69
73
65

49%
57
56
34

47%
55
53
32

2%
2
2
2

20%
12
18
31

20%
10
17
31

1%
1
1
--

29%
28
24
34

28%
27
24
32

1%
2
-1

2%
3
2
1

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Ten percent of all cases were still pending adjudication at the end of the 1-year study period, and are excluded from the table. Data on
adjudication outcome were available for 99% of those cases that had been adjudicated. Detail may not add to total because of rounding.
--Less than 0.5%. *Includes diversion and deferred adjudication.

Adjudication outcome
Sixty-eight percent of the defendants
whose cases were adjudicated within
1 year of arrest were convicted (table
23). A majority of these convictions
were for a felony, with 52% of defendants eventually convicted of a felony.
About 6 in 10 defendants charged with
a violent offense (59%) were eventually convicted of a felony or a misdemeanor, compared to about 7 in 10
defendants originally charged with a
drug (72%), property (69%), or publicorder (69%) offense. By specific type
of arrest offense, the proportion of
defendants convicted ranged from
about three-fourths of those charged
with drug trafficking (77%), forgery
(75%), a driving-related offense (73%),
or burglary (72%) to just over half of
those charged with assault (54%).
The probability of being convicted of a
felony was highest for defendants
whose most serious arrest charge was
murder (68%) or drug trafficking

(66%). The next highest felony conviction rates were for defendants charged
with burglary (58%), a weapons offense
(57%), or a driving-related offense
(56%). The lowest felony conviction
rate was for assault defendants (34%).
In most cases where the defendant
was not convicted, it was because the
charges against the defendant were
dismissed. An estimated 27% of all
cases ended in this way, with about
two-fifths of dismissals by the prosecutor and three-fifths by the court.
Defendants charged with assault
(41%) were the most likely to have
their case dismissed, and those
charged with fraud (18%) or drug
trafficking (19%) the least likely.
About 4% of cases had other outcomes
such as diversion or deferred adjudication. Defendants charged with fraud
(12%) were the most likely to have
their case handled in this manner.
Seventy-eight percent of the defendants who were detained until case

24 Felony Defendants in Large Urban Counties, 1998

disposition were eventually convicted
of some offense, compared to 63% of
those released pending disposition
(table 24). Approximately two-thirds of
detained defendants (67%) were convicted of a felony, compared to under
half of released defendants (46%).
Table 24. Adjudication outcome for
felony defendants, by detentionrelease outcome and most serious
arrest charge, 1998
Most serious
arrest charge

Number
of deConvicted
fendants Total Felony

Released defendants
All offenses
29,482

63%

46%

Violent offenses
6,216
Property offenses
8,957
Drug offenses
11,298
Public-order offenses
3,011

50%
64
67
68

30%
45
56
45

Detained defendants
All offenses
18,812

78%

67%

Violent offenses
Property offenses
Drug offenses
Public-order offenses

70%
80
83
80

58%
68
74
67

5,566
536
6,420
1,509

Adjudication outcome was related to
some extent to the number and type
of the original arrest charges filed.
Seventy-two percent of defendants
who were originally charged with
more than 1 felony were eventually
convicted of some offense, compared
to 65% of the defendants who had no
additional felony charges (table 25).
Sixty percent of defendants whose
original arrest charges included more
than one felony were eventually
convicted of a felony compared to
48% of those with no additional felony
charges. Among the defendants who
had no additional felony charges,
those who were charged with one or
more misdemeanors (36%), were less
likely to be convicted of a felony than
those who had no additional charges
(53%).

Overall, about two-thirds of defendants
entered a guilty plea at some point,
with 50% pleading guilty to a felony,
and 15% to a misdemeanor.
Two-thirds or more of defendants
charged with drug trafficking (74%),
forgery (72%), burglary (71%), a
driving-related offense (70%), fraud
(67%), or a weapons offense (66%)
pleaded guilty to either a felony or a
misdemeanor. Murder defendants
(42%) had the lowest overall plea rate,
with all of these pleas to a felony.

Nearly two-thirds of defendants
charged with drug trafficking (64%)
pleaded guilty to a felony, as did a
majority of those charged with burglary
(57%), a weapons offense (55%), or a
driving-related offense (53%). Assault
defendants (32%) were the least likely
to plead guilty to a felony charge.

Plea rate for felony defendants in the 75 largest counties,
by most serious arrest charge, 1998
M ost serio us arrest cha rge
F e lo n y

To ta l

D rug trafficking
Forgery
B urglary

Defendants with only one felony
charge, but one or more additional
misdemeanor charges, were about
twice as likely as other defendants to
eventually be convicted of a misdemeanor (29%). This almost always
was the result of their pleading guilty to
a misdemeanor charge instead of the
original felony charge.

D riving-related
Fraud
W eapons
Larceny/theft
M otor vehicle theft
R ape
R obbery
A ssault
M urder
0%

20%

40%

60%

80%

100%

P ercent of defendants entering guilty plea

Figure 15

Table 25. Adjudication outcome for felony defendants, by number and type of arrest charges, 1998

Additional
charges filed

Number of Total
defendants convicted

Total

Percent of felony defendants in the 75 largest counties
Convicted
Not convicted
Felony
Misdemeanor
DisPlea
Trial
Total Plea Trial
Total missed Acquitted

Other
outcome*

Additional felony

18,486

72%

60%

57%

3%

12%

11%

--

25%

24%

1%

3%

No additional felony
Misdemeanor(s) only
No additional charges

31,777
9,579
22,197

65
65
65

48
36
53

46
35
51

2
1
2

18
29
13

17
27
12

1
2
--

30
30
30

29
29
29

1
1
1

5%
5
5

Note: Ten percent of all cases were still pending adjudication at the end of the 1-year study period.
Data on adjudication outcome were available for 99% of those cases that had been adjudicated.
--Less than 0.5%.
*Includes diversion and deferred adjudication.

Felony Defendants in Large Urban Counties, 1998 25

An estimated 4% of the cases adjudicated within 1 year went to trial. These
trials were divided evenly between
bench trials, decided by a judge, and
jury trials. An estimated 77% of all
trials ended with a guilty verdict, and
23% with an acquittal. Bench trials
(83%) were more likely to result in a
conviction than jury trials (72%);
however, 65% of jury trials resulted in
a felony conviction compared to 57%
of bench trials.
Type
of trial
Total
Bench
Jury

Regardless of adjudication method, a
majority of convicted defendants were
convicted of the same felony offense
as the original arrest charge. Among
defendants arrested for murder and

Trial rates for felony defendants in the 75 largest counties,
by most serious arrest charge, 1998
Most serious arrest charge
Murder
Robbery
Rape
Weapons
Assault
Larceny/theft
Motor vehicle theft
Drug trafficking
Driving-related
Forgery
Burglary
Fraud

Percent of trials
resulting in a conviction
Total Felony Misdemeanor
77%
61%
17%
83
72

57
65

later convicted, 74% were convicted of
murder (table 26). The corresponding
percentages for other violent offenses
were as follows: robbery (62%), rape
(54%), and assault (51%).

26
8

Twenty-eight percent of defendants
facing murder charges went to trial,
compared to no more than 8% of
defendants charged with other offenses
(figure 16).

0%

10%
20%
30%
Percent of defendants going to trial

40%

Figure 16

Table 26. Conviction offense of defendants arrested for a violent offense
and subsequently convicted, by most serious arrest charge, 1998

Most serious Number of
arrest charge defendants

Total

Percent of felony defendants in the 75 largest counties convicted of:
NonViolent felony
violent
Total
Total
felony
felony
violent Murder
Rape
Robbery
Assault
Other

Murder
Rape
Robbery
Assault

100%
100
100
100

100%
79
81
63

108
388
2,016
3,490

88%
76
67
55

0%
54
0
--

74%
0
0
0

3%
1
62
--

2%
8
4
51

8%
13
1
4

12%
3
14
8

Misdemeanor
0%
21
19
37

Note: Data on conviction offense were available for 100% of cases involving defendants who had been convicted.
Detail may not add to total because of rounding. --Less than 0.5%.

Table 27. Conviction offense of defendants arrested for a nonviolent offense
and subsequently convicted, by most serious arrest charge, 1998

Most serious
arrest charge
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related

Number
Total
of defendants felony
2,764
3,309
1,005
1,103
825
6,787
1,005
1,326

80%
76
79
70
69
85
83
76

Total
nonviolent
80%
76
79
70
69
85
81
72

Percent of felony defendants in the 75 largest counties convicted of:
Nonviolent felony
Drug
Motor
DrivingtrafLarceny/ vehicle
Other
Forgery Fraud ficking Weapons related
Burglary theft
theft
64%
1
-0
0
0
0
0

9%
69
3
4
6
0
0
0

1%
2
67
0
0
0
-0

1%
-0
62
3
0
0
0

--%
1
-2
56
0
0
0

--%
0
1
0
0
74
0
0

--%
-1
0
0
-78
0

Note: Data on conviction offense were available for 100% of cases involving defendants who had been convicted.
Detail may not add to total because of rounding. --Less than 0.5%.

26 Felony Defendants in Large Urban Counties, 1998

0%
-4
--0
-72

5%
2
4
2
3
10
3
--

Violent Misdefelony meanor
--%
0
0
0
0
-2
3

20%
24
21
30
31
15
17
24

Among defendants originally charged
with a property offense and later
convicted, the percentages whose
conviction offense corresponded with
their most serious arrest charge were
as follows: larceny/theft (69%), motor
vehicle theft (67%), burglary (64%),
forgery (62%), and fraud (56%).
About three-fourths of defendants
convicted after being charged with a
weapon offense (78%), drug trafficking
(74%), or a driving-related offense
(72%) (table 27) were convicted of that
same offense.
For most offenses a smaller percentage of defendants were in each felony

All offenses

Given arrest, slightly more than half of
defendants whose most serious arrest
charge was for drug trafficking (57%),
a weapons offense (54%), or a drivingrelated offense (53%) were eventually
convicted of that same offense
(figure 17).

Much of this change can be accounted
for by the fact that about 12% of all
defendants were originally facing
felony assault charges, but just 6% of
all convictions were for such an
offense. Overall, 23% of convicted
defendants were convicted at the
misdemeanor level, including 37% of
those convicted after being originally
charged with felony assault.

This was true for about half of murder
defendants, and slightly less than half
of the defendants originally charged
with forgery (47%), burglary (46%),
larceny/theft (45%), or motor vehicle
theft (44%). Just 28% of defendants
originally facing felony assault charges
were eventually convicted of such an
offense.

Conviction probabilities for felony defendants in the 75 largest counties
by most serious arrest charge, 1998

Table 28. Felony defendants,
by conviction offense, 1998
Most serious
conviction offense

conviction offense category than were
in the original distribution by arrest
charge (tables 1 and 28). The biggest
drop was in the violent felony category,
which accounted for about 24% of all
defendants by arrest charge, but just
13% of them by conviction charge.

M ost serious arrest c harge

Felony defendants in
the 75 largest counties
Number Percent
33,991

100.0%

26,277

77.3%

Any
fe lo n y

O rig in a l fe lo n y
c h a rg e

To ta l

A ll defendants
M urder

All felonies

R ape
R obbery

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

4,469
84
221
1,261
1,938
965

13.1%
0.2
0.7
3.7
5.7
2.8

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

7,857
1,980
2,789
778
780
556
974

23.1%
5.8
8.2
2.3
2.3
1.6
2.9

11,051
5,159
5,892

32.5%
15.2
17.3

2,751
940
1,085
726

8.1%
2.8
3.2
2.1

150

0.4%

7,714

22.7%

A ssault
B urglary
Larceny/theft
M otor vehicle theft
Forgery
Fraud

Drug offenses
Trafficking
Other drug
Public-order offenses
Weapons
Driving-related
Other public-order
Other felonies
Misdemeanors

D rug trafficking
W eapons
D riving-related
0%

20%

40%

60%

80%

100%

P ercent of defendants convicted

Figure 17

Note: Data on conviction offense were
available for 100% of cases involving
defendants who had been convicted.

Felony Defendants in Large Urban Counties, 1998 27

Case processing statistics
Among the approximately 50,000
cases with a known adjudication
outcome that occurred within 1 year of
arrest, about 32,500 were disposed by
a guilty plea (figure 18). About 3 in 10
pleas occurred within 1 month of arrest
and 6 in 10 within 3 months of arrest.
The next most common type of adjudication, dismissal of the charges
against the defendant, occurred in
about 13,600 cases. Nearly half (46%)
of all dismissals occurred within the
first month after arrest and 70% within
3 months.
Trials occurred in about 1,900 cases.
About 1 in 12 trials were completed
within a month of arrest and about
1 in 4 within 3 months of arrest.
Guilty pleas accounted for 96% of the
34,000 convictions obtained within 1
year of arrest (figure 19). This
included about 25,100 felony pleas
and about 7,300 misdemeanor pleas.
Twenty-six percent of the felony pleas
occurred within 1 month of arrest, and
59% were obtained within 3 months of
arrest. Thirty-six percent of the misdemeanor pleas were obtained with 1
month of arrest, and 66% within 3
months.
Of the approximately 1,500 trial convictions obtained within 1 year, nearly all
were for a felony, with about 300 trials
resulting in a misdemeanor conviction.
About a fourth of all trial convictions
occurred within 3 months of arrest, and
about two-thirds within 6 months of
arrest.

Method of adjudication of felony cases filed in May 1998
and disposed within 1 year in the 75 largest counties
Cumulative number of cases adjudicated
35,000
Plea
30,000
25,000
20,000
Dismissal

15,000
10,000
5,000

Trial
Other*

0
1

3
6
9
Time from arrest to adjudication in months

12

*Includes diversion and deferred adjudication.
Figure 18

Method of conviction of felony cases filed in May 1998
and disposed within 1 year in the 75 largest counties
Cumulative number of convictions
30,000
25,000

Felony plea

20,000
15,000
10,000
Misdemeanor plea
5,000
Felony trial
0
1

Figure 19

28 Felony Defendants in Large Urban Counties, 1998

3
6
9
Time from arrest to conviction in months

12

Misdemeanor trial

Sentencing

Time from conviction to sentencing
About 3 in 5 convicted defendants
were sentenced within 1 day of adjudication (table 29). Defendants
convicted of a misdemeanor (80%)
were more likely to be sentenced this
quickly than those convicted of a
felony (57%).

Table 29. Time from conviction to sentencing for convicted defendants,
by most serious conviction offense, 1998

Most serious
conviction offense
All offenses

30,485

100%

61%

15%

13%

11%

25,026

100%

57%

18%

14%

11%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

4,276
73
207
1,204
1,867
924

100%
100
100
100
100
100

50%
33
50
49
52
49

17%
25
12
16
18
18

19%
21
19
19
19
21

13%
21
19
15
11
12

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

7,642
1,909
2,707
769
764
547
947

100%
100
100
100
100
100
100

61%
62
65
62
57
57
54

17%
17
14
23
17
17
18

13%
14
12
8
17
17
15

9%
8
8
7
9
9
13

10,341
4,832
5,509

100%
100
100

56%
48
63

19%
20
17

13%
16
10

13%
16
10

Public-order offenses
Weapons
Driving-related
Other public-order

2,629
900
1,056
673

100%
100
100
100

60%
59
61
58

16%
17
16
16

15%
15
13
18

9%
9
11
8

Misdemeanors

5,459

100%

80%

5%

7%

8%

All felonies

Sentencing after a felony conviction
was most likely to occur within 1 day if
the conviction was for a property (61%)
or public-order (60%) offense. Defendants convicted of a violent offense
(50%) were the least likely to be
sentenced this quickly.
Within the violent offense category, the
proportion of convicted defendants
sentenced within 1 day ranged from
about a third of those convicted of
murder to about half of those convicted
of other violent felonies. With the
exception of drug traffickers (48%), a
majority of the defendants in other
offense categories were sentenced
within a day of conviction.
Seventy-five percent of defendants
convicted of a felony received their
sentence within 30 days, compared to
85% of those convicted of a misdemeanor. About 9 in 10 defendants
were sentenced within 60 days, including 92% of those convicted of a misdemeanor and 89% of those convicted of
a felony.

Number of
defendants

Percent of convicted defendants in the 75
largest counties who were sentenced within:
0-1
2-30
31-60
61 days
Total
day
days
days
or more

Drug offenses
Trafficking
Other drug

Note: Data on time from conviction to sentencing were available for 90% of convicted
defendants. Total for all felonies includes cases that could not be classified into 1 of
the 4 major offense categories. Detail may not add to total because of rounding.

Felony Defendants in Large Urban Counties, 1998 29

Type and length of sentence
Sixty-eight percent of convicted defendants were sentenced to incarceration
in a State prison or local jail (table 30).
Seventy-one percent of defendants
convicted of a felony were sentenced
to incarceration, compared to 54% of
those convicted of a misdemeanor.
About half of incarceration sentences
following a felony conviction, 36% of
felony sentences overall, were to State
prison. Fifteen percent of prison
sentences included a probation term to
be served after release.
All murder convictions resulted in a
prison sentence, as did a majority of
robbery (65%) and rape (60%) convictions. Although less than half of defendants convicted of burglary (48%),
drug trafficking (42%), felony assault

(40%), or a weapons offense (36%)
were sentenced to prison, a prison
term was still more likely than a
sentence to jail, probation, or fine.
Nearly all incarceration sentences for
misdemeanor convictions, 52% of all
misdemeanor sentences, were to jail.
Two-thirds of jail sentences included a
probation term to be served in addition
to the jail time. This was much more
likely for defendants convicted of a
felony (74%) than those convicted of a
misdemeanor (42%).
Among defendants who were convicted
but not sentenced to incarceration,
98% of those convicted of a felony and
84% of those convicted of a misdemeanor received a probation term.
Probation sentences may have
included a fine, restitution, community
service, treatment, or other conditions.

Overall, 30% of convicted defendants
received a sentence to probation
without any incarceration. This
included 29% of those convicted of a
felony and 39% of those convicted of a
misdemeanor.
Defendants convicted of fraud (50%)
were the most likely to be sentenced to
probation. About two-fifths of defendants convicted of forgery (42%), and
about a third of those convicted of a
non-trafficking drug offense (35%),
larceny/theft (34%), or a weapons
offense (33%) received a probation
term without incarceration.
Two percent of defendants were fined
but were not sentenced to a term of
incarceration or probation. These
fines may have been in addition to
other court-ordered conditions.

Table 30. Most severe type of sentence received by convicted defendants,
by most serious conviction offense, 1998
Most serious
conviction offense
All offenses

Number of
defendants

Total

Percent of convicted defendants in the 75 largest counties sentenced to:
Incarceration
Nonincarceration
Total
Prison
Jail
Total
Probation
Fine

29,472

100%

68%

30%

38%

32%

30%

2%

24,066

100%

71%

36%

35%

29%

29%

--

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

4,089
73
206
1,117
1,792
900

100%
100
100
100
100
100

78%
100
78
86
74
74

47%
100
60
65
40
35

30%
0
18
22
34
40

22%
0
22
14
26
26

22%
0
22
14
26
25

-0
0
0
-1

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

7,463
1,847
2,652
758
761
533
911

100%
100
100
100
100
100
100

66%
78
65
80
57
50
55

34%
48
30
37
27
19
28

33%
30
35
43
30
31
27

34%
22
35
20
43
50
45

33%
21
34
19
42
50
45

1%
-1
1
1
1
--

Drug offenses
Trafficking
Other drug

9,794
4,406
5,388

100%
100
100

71%
78
65

33%
42
25

38%
35
40

29%
22
35

29%
22
35

----

Public-order offenses
Weapons
Driving-related
Other public-order

2,582
886
1,049
648

100%
100
100
100

74%
67
81
72

36%
36
40
29

38%
31
41
42

26%
33
19
28

26%
33
18
27

1%
-1
1

Misdemeanors

5,406

100%

54%

2%

52%

46%

39%

7%

All felonies

Note: Data on type of sentence were available for 87% of convicted defendants. Sixty-six percent of jail sentences
and 15% of prison sentences included a probation term. Sentences to incarceration or probation may have included
a fine, restitution, community service, treatment, or other court-ordered conditions. Total for all felonies includes cases
that could not be classified into 1 of the 4 major offense categories.
Detail may not add to total because of rounding. --Less than 0.5%.

30 Felony Defendants In Large Urban Counties, 1998

Among persons arrested and charged
with a felony by the prosecutor, murder
defendants had the highest probability
of eventually being convicted and
sentenced to prison (68%) (figure 20).
The next highest probability of an
eventual prison sentence was for
defendants charged with robbery
(39%) or drug trafficking (37%). About
a third of defendants originally charged
with rape (33%) or burglary (32%)
were eventually convicted and
sentenced to prison. Defendants originally charged with fraud (15%) were
the least likely to eventually be
sentenced to prison.
Defendants originally charged with a
driving-related offense (31%), or motor
vehicle theft (30%) were the most likely
to be eventually convicted and receive
a jail sentence. No murder defendants
were convicted and sentenced to jail.

Probability of being convicted and sentenced to incarceration
for felony defendants in the 75 largest counties, 1998
Most serious arrest charge
Murder
Rape
Robbery
Assault
Burglary

Jail

Prison

Larceny/theft
Motor vehicle theft
Forgery
Fraud
Drug trafficking
Weapons
Driving-related
0%
Figure 20

10%

20%

30%
40%
50%
Percent of defendants

60%

70%

.

Half or more of defendants charged
with murder (68%), drug trafficking
(61%), robbery (57%), a driving-related
offense (56%), burglary (55%) motor
vehicle theft (53%), or rape (51%)
were eventually convicted and
sentenced to either prison or jail.
Fraud (33%) defendants were the least
likely to be eventually convicted and
sentenced to some type of
incarceration.

Felony Defendants in Large Urban Counties, 1998

31

Among defendants convicted of a
felony and sentenced to prison, the
mean sentence was 58 months and
the median was 36 months (table 31).
By general conviction offense
category, defendants convicted of a
violent felony received the longest
prison sentences (a mean of 104
months and a median of 60 months),
and those convicted of a public-order
felony the shortest (a mean of 39
months and a median of 24 months).

Median prison sentence received by defendants convicted
of a felony in the 75 largest counties, 1998
Most serious conviction charge
Murder
Rape
Robbery
Assault
Burglary
Drug trafficking
Weapons

By specific conviction offense, murderers received the longest prison terms,
a mean of 430 months and a median
of 456 months. Next were defendants
convicted of rape with a mean prison
sentence of 188 months, and a median
of 120 months.

Forgery
Fraud
Larceny/theft
Motor vehicle theft
Driving-related
0

36 72 108 144 180 216 252 288 324 360 396 432 468

Median prison sentences for other
felony convictions included 72 months
for robbery, 45 months for assault, and
36 months for burglary, drug trafficking,
weapons offenses, or forgery
(figure 21).

Number of months
Figure 21

Table 31. Length of prison sentence received by defendants convicted of a felony,
by most serious conviction offense, 1998
Most serious felony
conviction offense
All offenses

Felony defendants in the 75 largest counties convicted of a felony and sentenced to prison
Number of
Number of months
Percent receiving a maximum sentence length in months of:
defendants
Mean
Median
Total
1-24
25-48
49-72
73-120 Over 120*
Life
8,654

58

36

100%

42%

28%

12%

11%

7%

1%

Violent offenses
Murder
Rape
Robbery
Assault
Other violent

1,932
73
124
718
709
308

104
430
188
106
75
55

60
456
120
72
45
36

100%
100
100
100
100
100

23%
0
0
16
30
36

22%
6
6
19
28
27

17%
0
19
21
14
18

19%
12
36
24
14
13

17%
68
36
18
12
6

2%
14
4
2
2
0

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

2,527
889
798
277
205
102
255

47
60
39
36
41
37
50

28
36
24
24
36
28
24

100%
100
100
100
100
100
100

49%
35
65
55
44
49
51

27%
31
19
32
34
32
25

10%
16
7
6
11
9
7

9%
13
7
5
10
11
6

4%
5
2
3
2
0
11

-1
0
0
0
0
0

Drug offenses
Trafficking
Other drug

3,222
1,853
1,369

45
51
37

32
36
24

100%
100
100

45%
31
64

31%
35
25

11%
17
3

8%
12
3

4%
5
4

-0
1

917
315
412
190

39
43
36
39

24
36
24
22

100%
100
100
100

51%
39
56
61

31%
45
26
19

11%
10
10
12

6%
3
7
6

-1
0
0

1%
1
1
1

Public-order offenses
Weapons
Driving-related
Other public-order

Note: Data on length of prison sentence were available for 98% of all cases in which a defendant received a prison sentence.
Fifteen percent of prison sentences included a probation term and 20% included a fine. Total for all offenses includes cases
that could not be classified into 1 of the 4 major offense categories. Detail may not add to total because of rounding.
--Less than 0.5%.
*Excludes life sentences.

32 Felony Defendants In Large Urban Counties, 1998

Fourteen percent of all murder convictions resulted in a life sentence, compared to a maximum of 4% of the defendants convicted of any other offense.
In addition to those receiving life
sentences, 68% of the defendants
convicted of murder were sentenced to
more than 10 years in prison. About 1
in 3 rape convictions, 1 in 6 robbery
convictions, and 1 in 8 felony assault
convictions resulted in a prison term of
more than 10 years.

For defendants convicted of a felony
and subsequently sentenced to jail, the
mean jail term was 7 months and the
median was 6 months (table 32).
Misdemeanor convictions resulted in a
mean jail term of 6 months and a
median of 3 months.

About two-thirds of all jail sentences
were for a period of greater than 3
months. About 3 in 5 jail sentences
following convictions for public-order
felonies were for more than 3 months
compared to about 3 in 4 sentences
for other types of felonies.

Excluding murder (for which all
sentences were to prison), and rape
(for which few cases resulted in a jail
sentence), defendants sentenced to
jail for robbery received the longest
average sentence (a mean of 17
months and a median of 10 months).

About 2% of all jail sentences for a
felony conviction were for a period
greater than 1 year, including 8%
of those that followed a conviction
for robbery.

Table 32. Length of jail sentence received by convicted defendants, by most serious conviction offense, 1998
Most serious
conviction offense
All offenses

Number of
defendants

Felony defendants in the 75 largest counties sentenced to jail
Percent receiving a maximum sentence in months of :
Number of months
Mean
Median
Total
1 or less
2-3
4-6
7-9
10-12 Over 12

10,939

7

6

100%

14%

21%

29%

9%

25%

3%

All felonies

8,160

6

5

100%

17%

23%

31%

8%

20%

2%

Violent offenses
Robbery
Assault
Other violent

1,210
227
594
353

9
17
7
7

6
10
6
6

100%
100
100
100

9%
0
8
17

17%
9
20
18

29%
33
30
24

9%
6
14
4

33%
43
28
34

3%
8
-3

Property offenses
Burglary
Larceny/theft
Motor vehicle theft
Forgery
Fraud
Other property

2,410
552
909
323
226
160
241

8
9
10
6
5
7
6

6
9
7
6
4
6
5

100%
100
100
100
100
100
100

7%
2
4
6
19
6
19

20%
17
20
20
29
19
21

28%
23
25
44
31
42
23

11%
16
10
10
5
14
12

28%
37
33
18
11
15
23

5%
5
6
2
6
5
3

Drug offenses
Trafficking
Other drug

3,546
1,439
2,108

7
8
6

6
6
5

100%
100
100

9%
6
11

18%
11
23

37%
41
35

11%
15
9

22%
23
21

2%
3
1

971
270
427
274

6
6
6
5

6
6
6
4

100%
100
100
100

15%
16
18
9

25%
19
20
39

27%
32
24
27

6%
6
6
6

26%
25
32
19

1%
1
1
0

2,779

6

3

100%

28%

26%

18%

5%

21%

3%

Public-order offenses
Weapons
Driving-related
Other public-order
Misdemeanors

Note: Data on length of jail sentence were available for 98% of all cases in which a defendant received a jail sentence.
Sixty-six percent of jail sentences included a probation term and 25% included a fine.
Detail may not add to total because of rounding.
*Murder and rape have been excluded from the detail because no murder convictions and few rape convictions
resulted in a jail sentence. The total for violent offenses, however, does include these cases.
--Less than 0.5%.

Felony Defendants in Large Urban Counties, 1998

33

An estimated 24% of defendants
sentenced to probation were also
required to pay a fine. Some probation
sentences were also supplemented by
one or more special court-ordered
conditions. For example, 22% of the
defendants who received a probation
sentence were required to perform a
specified number of hours of community service work (table 34).

For defendants sentenced to probation
without incarceration for a felony, the
median sentence length was 36
months, compared to 24 months for a
misdemeanor. Two percent of defendants convicted of a felony were given
a probation term of greater than 5
years, including 5% of those
sentenced for a violent felony.

Nineteen percent of offenders
sentenced to probation were required
to pay restitution, including 32% of
those convicted for a property-related
felony. Ten percent of probation
sentences included a requirement that
the defendant enter a treatment
program. Defendants convicted of a
drug-related felony (17%) were the
most likely to have this requirement.

Table 33. Length of probation sentence received by convicted defendants,
by most serious conviction offense, 1998
Most serious
conviction offense
All offenses

Number of
defendants
9,026

Median
months
36

Felony defendants in the 75 largest counties sentenced to probation
Percent receiving a sentence in months of :
Total
1-12
13-24
25-36
37-48
49-60
100%
17%
26%
37%
3%
15%

Over 60
2%

All felonies
Violent offenses
Property offenses
Drug offenses
Public-order offenses

6,927
906
2,458
2,845
659

36
36
36
36
36

100%
100
100
100
100

12%
12
13
10
21

27%
22
27
30
26

36%
34
33
40
30

3%
5
4
3
2

19%
22
22
15
19

2%
5
2
1
2

Misdemeanors

2,099

24

100%

38%

23%

39%

--%

--%

0%

Note: Data on length of probation sentence were available for 100% of all cases in which the most severe type
of sentence a defendant received was probation. Twenty-four percent of probation sentences included a fine.
Total for felonies includes cases that could not be classified into 1 of the 4 felony offense categories.
Detail may not add to total because of rounding.
--Less than 0.5%.

Table 34. Conditions of probation sentence received most often by
convicted defendants, by most serious conviction offense, 1998

Most serious
conviction offense
All offenses

Number of
defendants

Felony defendants in the 75 largest
counties sentenced to probation
Percent whose sentence to
probation included:
Community
service
Restitution
Treatment

9,026

22%

19%

10%

All felonies
Violent offenses
Property offenses
Drug offenses
Public-order offenses

6,927
906
2,458
2,845
659

23%
21
21
27
21

20%
22
32
9
14

11%
10
6
17
10

Misdemeanors

2,099

18%

17%

7%

Note: Total for felonies includes cases that could not be classified into 1 of the 4 felony
offense categories. A defendant may have received more than one type of probation
condition. Not all defendants sentenced to probation received probation conditions.
Detail may not add to total because of rounding.
--Less than 0.5%.

34 Felony Defendants In Large Urban Counties, 1998

Prior record and felony sentencing
For defendants convicted of a felony
on their current charge, the probability
of receiving a sentence to incarceration was highest if they had multiple
prior felony convictions (86%) (table
35). A large majority of defendants
with just one prior felony conviction
(83%), or with only prior misdemeanor
convictions (74%), were also
sentenced to incarceration following a
felony conviction in the current case.
Just over half of those with no prior
convictions of any type (55%) received
an incarceration sentence for a felony
conviction.

Defendants with no prior convictions
and whose current conviction was for a
public-order (45%) or property (44%)
offense were the least likely of all
defendants convicted of a felony to be
sentenced to incarceration.
A majority (59%) of the defendants
with more than one prior felony conviction were sentenced to prison for a
new felony conviction. This included
69% of those whose current conviction
was for a violent offense.
Forty-five percent of the defendants
with a single prior felony conviction
were sentenced to prison following a
felony conviction in the current case,
including 64% of those convicted of a
violent felony.

Overall, less than a fourth of defendants without a prior felony conviction
received a prison sentence for a felony
conviction in the current case. However, 37% of such defendants received
a prison sentence when the current
conviction was for a violent felony.
Defendants with a prior conviction
record consisting solely of misdemeanors who were convicted of a nonviolent
felony in the current case were more
likely than other defendants to receive
a jail sentence (53%).
Defendants with no prior convictions
of any kind whose current conviction
was for a property (54%) or publicorder (53%) offense were the most
likely to receive a probation sentence.

Table 35. Most severe type of sentence received by defendants
convicted of a felony, by prior conviction record, 1998
Prior conviction record
and most serious
current felony conviction

Number of
defendants

Total

Percent of defendants in the 75 largest counties
convicted of a felony and sentenced to:
Incarceration
Nonincarceration
Total
Prison
Jail
Total
Probation
Fine

More than 1 prior felony conviction
All offenses
Violent offenses
Property offenses
Drug offenses
Public-order offenses

6,365
803
2,111
2,626
790

100%
100
100
100
100

86%
87
84
85
91

59%
69
59
55
59

27%
18
25
30
32

14%
13
16
15
9

14%
12
16
15
8

------

1 prior felony conviction
All offenses
Violent offenses
Property offenses
Drug offenses
Public-order offenses

3,833
560
1,077
1,589
593

100%
100
100
100
100

83%
86
81
82
83

45%
64
45
39
42

38%
22
36
43
41

17%
14
19
18
17

17%
14
19
18
17

--%
-0
0
0

Prior misdemeanor convictions only
All offenses
Violent offenses
Property offenses
Drug offenses
Public-order offenses

4,352
821
1,210
1,868
421

100%
100
100
100
100

74%
81
71
72
76

23%
38
20
19
24

51%
43
51
54
52

26%
19
29
28
24

26%
19
28
27
24

-0
1
1
0

No prior convictions
All offenses
Violent offenses
Property offenses
Drug offenses
Public-order offenses

7,423
1,637
2,493
2,628
615

100%
100
100
100
100

55%
71
44
57
45

20%
37
13
18
10

35%
35
32
39
35

45%
29
56
43
55

44%
29
54
43
53

1%
-2
-2

Note: Data on prior conviction record and type of sentence were available for 84% of all convicted defendants.
Sentences to incarceration may have also included a probation term. Sentences to incarceration or probation,
may have included a fine, restitution, community service, treatment, or other court-ordered conditions. Fines may have
included restitution or community service. Detail may not add to total because of rounding.
--Less than 0.5%.

Felony Defendants in Large Urban Counties, 1998

35

Defendants convicted of a violent
felony were much more likely to be
sentenced to prison than jail or probation if they had at least one prior felony
conviction (figure 22). Those without a
prior felony conviction were as likely to
be sentenced to jail as prison.
Among defendants convicted of a
nonviolent felony, prison was the most
likely sentence for those with multiple
prior felony convictions. However,
those with a single prior felony conviction were as likely to be sentenced to
jail as prison.
Jail was the most probable sentence
for a nonviolent felony among defendants who had a prior conviction
record that consisted of only misdemeanors. Probation was the most
likely sentence if they had no conviction record at all.

Type of sentence received for a felony conviction in the 75 largest
counties, by prior conviction record, 1998
Defendants convicted
of a violent felony
80%
Prison
60%

40%

Jail Probation

20%

0%
No prior
convictions

Prior
misdemeanor

Prior
single felony

Prior
multiple felonies

Defendants convicted
of a nonviolent felony
80%

Prison

60%

40%
Jail
Probation

20%

0%

Figure 22

36 Felony Defendants In Large Urban Counties, 1998

No prior
convictions

Prior
misdemeanor

Prior
single felony

Prior
multiple felonies

Methodology
The SCPS sample was designed and
selected by U.S. Census Bureau staff.
It is a 2-stage stratified sample, with
40 of the 75 most populous counties
selected at stage one and a systematic
sample of State court felony filings
(defendants) within each county
selected at stage two. The 40
counties were divided into 4 first-stage
strata based on court filing information
obtained through a telephone survey.
Twelve counties were included in the
sample with certainty because of their
large number of court filings. The
remaining counties were allocated to
the three noncertainty strata based on
the variance of felony court dispositions.
SCPS first-stage design
Stratum
One
Two
Three*
Four

Number of counties
Sample Universe Weight
12
12
1.00
9
12
1.33
9
18
2.00
10
33
3.30

*Data collection problems caused Fulton County
(GA), which had been selected for stratum three
in the 1998 SCPS sample, to be dropped from
the study. Because this occurred at a date too
late to allow for a substitution, the number of
counties in stratum three was reduced from nine
(as specified in the original design) to eight.
This changed the first-stage weight for stratum
three counties from 2.00 to 2.25.

The second-stage sampling (filings)
was designed to represent all defendants who had felony cases filed with
the court during the month of May
1998. The participating jurisdictions
provided data for every felony case
filed on selected days during that
month. Depending on the first-stage
stratum in which it had been placed,
each jurisdiction provided data for 5,
10, or 20 randomly selected business
days' filings in May 1998. Data from
jurisdictions that were not required to
provide a full month of filings were
weighted to represent the full month
(see Appendix table A).
SCPS second-stage design
Stratum
One
Two
Three
Four

Number of days
of filings provided
5
10
10
20

Weight
4.0
2.0
2.0
1.0

Data on 15,909 sample felony cases
were collected from the 40 sampled
jurisdictions. This sample represented
56,606 weighted cases filed during
May 1998 in the 75 most populous
counties. A small number of cases
(31 unweighted, 111 weighted) were
omitted from the analysis because they
could not be classified into one of the
four major crime categories (violent,
property, drug, public-order).
This report is based on data collected
from the following counties and
independent cities: Alabama (Jefferson);
Arizona (Maricopa, Pima); California
(Alameda, Los Angeles, Orange,
Sacramento, San Bernardino, San
Francisco, Santa Clara, Ventura);
Florida (Broward, Miami-Dade,
Hillsborough, Orange); Illinois (Cook,
DuPage); Indiana (Marion); Kentucky
(Jefferson); Maryland (Baltimore
(city)), Montgomery); Michigan
(Wayne); Missouri (Jackson, St.
Louis); New York (Bronx, Erie, Kings,
Monroe, New York, Queens, Suffolk);
Ohio (Hamilton); Pennsylvania
(Allegheny, Philadelphia); Tennessee
(Shelby); Texas (Dallas, Harris);
Washington (King); and Wisconsin
(Milwaukee).
Because the data came from a
sample, a sampling error (standard
error) is associated with each reported
number. In general, if the difference
between two numbers is greater than
twice the standard error for that difference, we can say that we are 95%
confident of a real difference and that
the apparent difference is not simply
the result of using a sample rather
than the entire population.
Race and Hispanic (Latino) origin
Several jurisdictions did not provide
complete reporting for defendants'
Hispanic origin. As a result, the overall
reporting level for race combined with
Hispanic origin was 73%, compared to
86% for race alone. Because of this
underreporting, the categories of race
alone account for more defendants
than the categories that include both
race and Hispanic origin. A large
preponderance of the defendants with
a Hispanic origin were white, although
the category includes all races.

Offense categories
Felony offenses were classified into 16
categories for this report. These were
further classified into the four major
crime categories of violent, property,
drug, and public-order. The following
listings are a representative summary
of the crimes in each category;
however, these lists are not meant to
be exhaustive. All offenses, except for
murder, include attempts and
conspiracies to commit. Within the
property offense category, the offense
categories of motor vehicle theft,
forgery, and fraud are new for 1998.
Violent offenses
Murder 
 Includes homicide, nonnegligent manslaughter, and voluntary
homicide. Does not include attempted
murder (classified as felony assault),
negligent homicide, involuntary
homicide, or vehicular manslaughter,
which are classified as other violent
offenses.
Rape 
 Includes forcible intercourse,
sodomy, or penetration with a foreign
object. Does not include statutory rape
or nonforcible acts with a minor or
someone unable to give legal consent,
nonviolent sexual offenses, or
commercialized sex offenses.
Robbery 
 Includes the unlawful
taking of anything of value by force or
threat of force. Armed, unarmed, and
aggravated robbery, car-jacking,
armed burglary, and armed mugging
are included.
Assault 
 Includes aggravated assault,
aggravated battery, attempted murder,
assault with a deadly weapon, felony
assault or battery on a law enforcement officer, and other felony assaults.
Does not include extortion, coercion,
or intimidation.
Other violent offenses 
 Includes
vehicular manslaughter, involuntary
manslaughter, negligent or reckless
homicide, nonviolent or non-forcible
sexual assault, kidnapping, unlawful
imprisonment, child or spouse abuse,
cruelty to a child, reckless endangerment, hit-and-run with bodily injury,
intimidation, and extortion.

Felony Defendants in Large Urban Counties, 1998 37

Property offenses

Drug offenses

Burglary 
 Includes any type of entry
into a residence, industry, or business
with or without the use of force with the
intent to commit a felony or theft.
Does not include possession of
burglary tools, trespassing, or unlawful
entry for which the intent is not known.

Drug trafficking 
 Includes trafficking,
sales, distribution, possession with
intent to distribute or sell, manufacturing, and smuggling of controlled
substances. Does not include possession of controlled substances.

Larceny/theft 
 Includes grand theft,
grand larceny, and any other felony
theft, including burglary from an
automobile, theft of rental property,
and mail theft. Does not include motor
vehicle theft, receiving or buying stolen
property, fraud, forgery, or deceit.

Other drug offenses 
 Includes
possession of controlled substances,
prescription violations, possession of
drug paraphernalia, and other drug law
violations.

Motor vehicle theft 
 Includes auto
theft, conversion of an automobile,
receiving and transferring an automobile, unauthorized use of a vehicle,
possession of a stolen vehicle, larceny
or taking of an automobile.
Forgery 
 Includes forging of a driver’s
license, forging official seals, notes,
money orders, credit or access cards
or names of such cards or any other
documents with fraudulent intent, uttering a forged instrument, counterfeiting,
forgery.
Fraud 
 Includes possession and
passing of worthless checks or money
orders, possession of false documents
or identification, embezzlement,
obtaining money by false pretenses,
credit card fraud, welfare fraud,
Medicare fraud, insurance claim fraud,
fraud, swindling, stealing a thing of
value by deceit, larceny by check.
Other property offenses 
 Includes
receiving or buying stolen property,
arson, reckless burning, damage to
property, criminal mischief, vandalism,
criminal trespassing, possession of
burglary tools, and unlawful entry.

Public-order offenses
Weapons 
 Includes the unlawful sale,
distribution, manufacture, alteration,
transportation, possession, or use of a
deadly weapon or accessory.
Driving-related 
 Includes driving
under the influence of drugs or alcohol,
driving with a suspended or revoked
license, and any other felony in the
motor vehicle code.
Other public-order offenses 
 Includes
flight/escape, parole or probation violations, prison contraband, habitual
offender, obstruction of justice, rioting,
libel, slander, treason, perjury,
prostitution/pandering, bribery, and tax
law violations.
Terms related to pretrial release
Released defendant 
 Includes any
defendant who was released from
custody prior to the disposition of his or
her case by the court. Includes defendants who were detained for some
period of time before being released
and defendants who were returned to
custody after being released because
of a violation of the conditions of
pretrial release. The terms "on pretrial
release" and "released pending disposition" are both used in this report to
refer to all released defendants.

38 Felony Defendants in Large Urban Counties, 1998

Detained defendant 
 Includes any
defendant who remained in custody
from the time of arrest until the disposition of his or her case by the court.
This report also refers to detained
defendants as "not released."
Failure to appear 
 Occurs when a
court issues a bench warrant for a
defendant's arrest because he or she
has missed a scheduled court appearance.
Types of financial release
Surety bond 
 A bail bond company
signs a promissory note to the court for
the full bail amount and charges the
defendant a fee for the service (usually
10% of the full bail amount). If the
defendant fails to appear, the bond
company is liable to the court for the
full bail amount. Frequently the bond
company requires collateral from the
defendant in addition to the fee.
Deposit bond 
 The defendant deposits a percentage (usually 10%) of the
full bail amount with the court. The
percentage of the bail is returned after
the disposition of the case, but the
court often retains a small portion for
administrative costs. If the defendant
fails to appear in court, he or she is
liable to the court for the full amount of
the bail.
Full cash bond 
 The defendant posts
the full bail amount in cash with the
court. If the defendant makes all court
appearances, the cash is returned. If
the defendant fails to appear in court,
the bond is forfeited.
Property bond 
 Involves an agreement made by a defendant as a condition of pretrial release requiring that
property valued at the full bail amount
be posted as an assurance of his or
her appearance in court. If the defendant fails to appear in court, the
property is forfeited. Also known as
"collateral bond."

Methodology
Types of nonfinancial release
Release on recognizance (ROR) 

The court releases the defendant on a
signed agreement that he or she will
appear in court as required. In this
report, the ROR category includes
citation releases in which arrestees are
released pending their first court
appearance on a written order issued
by law enforcement or jail personnel.
Unsecured bond 
 The defendant
pays no money to the court but is liable
for the full amount of bail should he
or she fail to appear in court.
Conditional release 
 Defendants are
released under specified conditions. If
monitoring or supervised is required,
this usually done by a pretrial services
agency. In some cases, such as those
involving a third-party custodian or
drug monitoring and treatment,
another agency may be involved in the
supervision of the defendant. Conditional release sometimes includes an
unsecured bond.
Other type of release
Emergency release 
 Defendants are
released in response to a court order
placing limits on a jail’s population.

Felony Defendants in Large Urban Counties, 1998 39

Appendix

Appendix table A. Population, sampling weights, and number of cases,
by SCPS jurisdiction, 1998
County (State)

Population

Filings

Sampling weights
County

Total

Total

Number of cases
Unweighted
Weighted
15,878

56,495

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

662,000
2,614,000
779,000
1,356,000
9,056,000
2,606,000
1,116,000
1,589,000

2
2
1
2
4
2
2
2

2.25
1.33
3.30
2.25
1.00
1.33
1.33
1.33

4.50
2.67
3.30
4.50
4.00
2.67
2.67
2.67

317
855
512
248
1,229
434
448
512

1,427
2,274
1,690
1,116
4,916
1,154
1,192
1,362

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

735,000
1,594,000
711,000
1,440,000
2,106,000
893,000
763,000
5,190,000

2
2
1
2
4
2
2
4

2.25
1.33
3.30
1.33
1.00
1.33
2.25
1.00

4.50
2.67
3.30
2.67
4.00
2.67
4.50
4.00

359
505
226
400
551
420
564
541

1,616
1,343
746
1,064
2,204
1,117
2,538
2,164

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI)
Jackson (MO)
St. Louis (MO)

860,000
815,000
671,000
672,000
672,000
2,137,000
650,000
1,003,000

1
1
4
1
2
4
1
1

3.30
3.30
1.00
3.30
1.33
1.00
3.30
3.30

3.30
3.30
4.00
3.30
2.67
4.00
3.30
3.30

118
875
73
180
660
250
323
329

389
2,888
292
594
1,756
1,000
1,066
1,086

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)

1,191,000
953,000
2,266,000
720,000
1,533,000
1,973,000
1,355,000
856,000

4
2
4
1
4
4
1
2

1.00
2.25
1.00
3.30
1.00
1.00
3.30
2.25

4.00
4.50
4.00
3.30
4.00
4.00
3.30
4.50

446
151
530
265
497
295
267
207

1,784
680
2,120
874
1,988
1,180
881
932

Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

1,293,000
1,472,000
864,000
1,989,000
3,107,000
1,618,000
927,000

2
4
2
4
4
2
1

1.33
1.00
2.25
1.00
1.00
2.25
3.30

2.67
4.00
4.50
4.00
4.00
4.50
3.30

127
364
383
229
447
331
410

338
1,456
1,724
916
1,788
1,490
1,353

Note: In 12 of the 39 counties included in the 1998 SCPS study, prosecutors did not screen out any felony arrests
before filing charges. In these counties, the SCPS sample cases are representative of all felony cases received
by prosecutors, and any cases subsequently screened out by the prosecutor are included in the SCPS dismissal
category. These counties are; Maricopa (AZ); Pima (AZ); Miami-Dade (FL); Hillsborough (FL); Orange (FL);
Marion (IN); Jefferson (KY); Montgomery (MD); Baltimore (city) (MD); Monroe (NY); Hamilton (OH); and Philadelphia (PA). In Allegheny (PA) this was true for non-Pittsburgh cases only, and in Shelby (TN) for non-major
offenses only. In the remaining 25 SCPS jurisdictions, all felony arrests were reviewed by prosecutors before the
decision to file felony charges was made. In these jurisdictions, the SCPS sample cases do not include those in
which a person was arrested for a felony but felony charges were not filed. Weights are rounded to second
decimal place.

40 Felony Defendants in Large Urban Counties, 1998

Appendix table B. Most serious arrest charge of felony defendants,
by SCPS jurisdiction, 1996

County (State)
Total

Percent of felony defendants
within categories of most serious arrest charge
Violent
Property
Drug
Public-order
Total
offenses
offenses
offenses offenses
100%

24%

29%

37%

10%

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

100%
100
100
100
100
100
100
100

17%
17
25
16
23
22
38
30

32%
25
30
32
24
28
27
36

46%
47
32
44
47
42
28
29

4%
11
13
8
6
8
7
5

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

100%
100
100
100
100
100
100
100

15%
16
16
25
32
33
25
11

16%
18
32
33
35
23
38
19

65%
58
42
36
24
39
28
64

4%
8
9
7
9
5
9
6

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI)
Jackson (MO)
St. Louis (MO)

100%
100
100
100
100
100
100
100

14%
21
25
26
25
24
17
16

45%
35
41
61
29
30
34
53

23%
23
34
13
45
28
42
17

19%
21
0
0
1
18
7
14

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)

100%
100
100
100
100
100
100
100

22%
34
33
16
27
34
15
34

16%
36
24
27
19
35
29
23

53%
19
30
32
45
23
17
34

9%
11
13
25
9
8
39
9

Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

100%
100
100
100
100
100
100

37%
38
26
24
21
25
27

46%
29
36
29
42
23
27

9%
29
27
35
32
41
33

9%
4
11
11
5
11
13

Note: Detail may not add to 100% because of rounding.

Felony Defendants in Large Urban Counties, 1998 41

Appendix table C. Gender and age of felony defendants,
by SCPS jurisdiction, 1998
Percent of felony defendants
Age at arrest
Female
Total
Under 21
21-29
30-39

Total

Gender
Male

100%

82%

18%

100%

19%

32%

30%

19%

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

100%
100
100
100
100
100
100
100

82%
83
83
74
85
78
83
79

18%
17
17
26
15
22
17
21

100%
100
100
100
100
100
100
100

18%
18
23
10
14
13
11
17

36%
33
31
35
32
32
33
31

25%
32
26
29
33
35
33
33

21%
18
20
25
21
20
23
18

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

100%
100
100
100
100
100
100
100

81%
83
73
80
86
73
82
86

19%
17
27
20
14
27
18
14

100%
100
100
100
100
100
100
100

15%
12
13
18
15
16
16
21

31%
34
33
30
33
29
35
31

31%
36
37
37
29
35
32
27

23%
18
16
16
23
21
18
21

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI)
Jackson (MO)
St. Louis (MO)

100%
100
100
100
100
100
100
100

77%
78
82
83
81
85
80
83

23%
22
18
17
19
15
20
17

100%
100
100
100
100
100
100
100

19%
19
19
25
21
18
24
25

44%
37
26
37
30
32
29
26

21%
26
40
17
31
28
32
32

15%
18
15
20
18
22
16
17

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)

100%
100
100
100
100
100
100
100

82%
83
84
82
84
87
86
81

18%
17
16
18
16
13
14
19

100%
100
100
100
100
100
100
100

25%
24
26
22
16
27
21
19

28%
33
26
34
31
30
28
36

29%
25
30
29
31
27
30
29

18%
18
18
15
22
16
21
16

Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

100%
100
100
100
100
100
100

79%
83
83
80
70
85
82

21%
17
17
20
30
15
18

100%
100
100
100
100
100
100

20%
22
24
17
20
17
28

25%
31
36
31
32
31
36

34%
29
28
31
29
34
25

22%
18
13
21
19
18
11

County (State)
Total

Note: Detail may not add to 100% because of rounding.

42 Felony Defendants in Large Urban Counties, 1998

40 older

Appendix table D. Race and Hispanic origin of felony defendants, by SCPS jurisdiction, 1998

County (State)
Total

Total

Race
Black
White

Percent of felony defendants
Race and Hispanic origin
Other,
White,
Black,
nonnonnonOther
Total Hispanic Hispanic Hispanic

100%

57%

41%

2%

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

100%
100
...
100
...
...
100
...

71%
22
...
71
...
...
34
...

29%
73
...
23
...
...
50
...

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

100%
...
...
100
100
100
100
100

46%
...
...
60
55
45
46
76

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI)
Jackson (MO)
St. Louis (MO)

100%
100
100
100
100
100
100
100

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)
Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

Hispanic,
any race

100%

45%

27%

2%

26%

0%
5
...
6
...
...
16
...

...
100
100
100
...
100
100
100

...
15
14
63
...
8
31
21

...
47
43
20
...
43
47
30

...
3
4
3
...
4
4
--

...
36
40
14
...
45
18
49

50%
...
...
40
45
55
54
23

4%
...
...
1
-0
0
1

100
100
100
100
100
100
100
100

47
8
8
59
52
45
46
78

44
25
42
33
16
48
47
16

2
6
3
0
-0
-1

7
60
47
8
32
7
7
6

22%
58
50
60
86
71
59
57

78%
42
41
36
13
28
39
43

0%
-9
4
--1
1

100
100
100
...
100
...
100
...

20
99
50
...
87
...
58
...

69
1
40
...
12
...
38
...

0
-5
...
1
...
1
...

11
0
5
...
1
...
2
...

100%
100
100
100
100
100
100
100

56%
71
67
75
57
57
35
69

43%
29
32
25
41
40
63
31

1
0
1
0
2
4
1
0

100
100
100
...
100
100
100
100

42
69
59
...
45
52
34
69

4
26
14
...
14
16
50
30

1
0
1
...
2
4
1
0

53
5
25
...
39
28
14
--

100%
100
100
100
100
100
100

56%
80
87
50
59
45
72

43%
19
13
50
39
48
27

1%
1
0
1
3
8
1

100%
...
...
100
...
100
100

56%
...
...
46
...
42
71

41%
...
...
37
...
43
23

1%
...
...
1
...
7
1

2%
...
...
16
...
7
5

Note: Detail may not add to 100% because of rounding.
...Data were available for less than two-thirds of all cases.
--Less than 0.5%.

Felony Defendants in Large Urban Counties, 1998 43

Appendix table E. Felony defendants released before or detained until case disposition,
by SCPS jurisdiction, 1998

County (State)
Total

Total

Total
Surety
financial bond

Percent of felony defendants
Released before case disposition
Financial release
Nonfinancial release
UnFull
Total
Recog- Condi- secured
Deposit cash
Property nonfinancial nizance* tional bond
bond
bond
bond

64%

34%

24%

5%

3%

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

81%
64
72
47
37
31
47
36

69%
13
8
21
15
12
31
12

34%
5
6
17
15
11
30
12

0%
7
0
0
0
0
1
0

2
1
2
4
0
1
0
--

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

73%
56
63
56
56
75
68
75

23%
25
30
46
28
61
66
31

22%
23
29
40
26
59
61
--

0%
0
0
1
0
0
0
29

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI)
Jackson (MO)
St. Louis (MO)

72%
75
78
79
61
74
84
78

70%
45
21
30
29
27
50
43

0%
37
1
10
27
1
39
7

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)

72%
70
82
87
75
81
79
63

55%
17
65
13
55
68
42
40

Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

71%
75
67
47
50
62
60

42%
38
53
42
48
16
20

Detained until case
disposition
Held on Denied
bail
bail
Total

2%

30%

18%

8%

4%

36%

29%

7%

33%
0
0
0
0
0
0
0

12%
51
64
26
22
19
16
24

0%
34
41
26
22
19
15
23

4%
16
23
0
0
--1

8%
1
0
0
0
0
0
0

19%
36
28
53
63
69
53
64

17%
13
27
26
61
67
22
60

2%
23
1
27
2
2
32
4

1%
1
1
5
0
3
5
1

0%
1
0
0
2
0
0
0

50%
31
33
10
28
13
1
44

44%
7
30
3
4
13
1
10

6%
24
3
5
23
-1
19

0%
0
0
1
0
0
0
16

27%
44
37
44
44
25
32
25

10%
41
37
25
32
11
29
24

17%
4
-19
12
14
3
1

0%
5
16
3
0
24
10
26

70%
2
3
2
0
2
1
4

0%
-0
16
2
0
-5

2%
31
58
48
32
47
34
35

2%
24
52
31
19
0
1
1

0%
6
4
7
12
1
0
0

0%
0
1
10
0
46
32
35

28%
25
22
21
39
26
16
22

23%
12
21
15
32
20
16
19

5%
13
1
6
7
6
-3

na
4
na
0
na
na
na
6

na
1
na
2
na
na
na
28

na
11
na
10
na
na
na
1

na
1
na
0
na
na
na
4

18%
53
17
74
20
13
37
24

18%
51
17
58
20
13
37
22

0%
0
0
17
0
0
0
2

0%
2
0
0
0
0
0
0

28%
30
18
13
25
19
21
37

27%
29
18
7
24
18
21
32

1%
1
0
6
1
1
0
5

1%
0
50
38
46
15
0

20%
36
0
0
0
1
0

20%
2
3
4
2
1
20

1%
0
0
0
0
0
0

29%
37
14
5
2
46
41

26%
10
1
0
-26
20

3%
15
13
2
1
20
21

0%
12
0
3
-0
0

29%
25
33
53
50
38
40

28%
19
30
41
33
38
17

1%
6
3
12
17
0
22

Note: Detail may not add to 100% because of rounding.
--Less than 0.5%.
na - Data on specific type of financial release was not reported by these jurisdictions.

44 Felony Defendants in Large Urban Counties, 1998

Appendix table F. Adjudication outcome for felony defendants,
by SCPS jurisdiction, 1998
Percent of felony defendants
Adjudication outcome
Convicted
Not convicted
MisdeFelony
meanor
Total
Dismissed Acquitted

Other
outcome*

Adjudicated
within 1 year

Total

90%

68%

52%

15%

28%

27%

1%

4%

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

56%
94
97
91
95
94
94
95

70%
46
52
75
81
87
76
87

53%
41
49
58
76
77
53
73

17%
4
3
17
5
11
23
13

24%
54
47
13
12
11
22
11

22%
54
45
13
11
10
22
11

1%
0
2
0
1
-0
0

6%
1
1
12
7
2
2
2

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

82%
91
94
88
89
92
95
85

77%
82
87
68
47
68
56
57

49%
74
78
63
43
61
47
54

29%
8
9
5
5
7
10
2

23%
7
13
21
44
31
34
43

23%
7
13
19
43
30
32
42

0%
-0
2
1
1
1
1

0%
11
0
11
9
2
10
--

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI)
Jackson (MO)
St. Louis (MO)

82%
89
71
89
91
90
83
93

95%
55
44
43
45
71
82
83

95%
43
21
26
28
65
74
73

0%
12
23
17
17
6
8
10

5%
45
52
49
37
23
17
17

3%
44
52
48
35
19
17
16

2%
2
0
1
2
4
0
1

0%
-4
8
19
6
1
0

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)

91%
95
96
95
91
93
84
99

73%
63
49
67
68
72
83
68

28%
17
16
36
35
25
37
54

44%
45
34
31
33
47
46
14

27%
38
50
32
32
28
14
31

27%
38
50
32
31
27
14
29

-0
--1
-0
2

0%
0
1
--0
3
1

Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

83%
80
61
91
98
95
96

85%
50
71
87
66
90
85

60%
39
43
77
57
77
75

25%
11
29
10
9
13
10

8%
47
23
13
12
10
14

8%
44
23
12
11
9
14

1%
3
0
1
-1
1

7%
3
6
0
22
0
--

County (State)
Total

Note: Detail may not add to 100% because of rounding.
--Less than 0.5%.
*Includes diversion and deferred adjudication.

Felony Defendants in Large Urban Counties, 1998 45

Appendix table G. Most severe type of sentence received
by defendants convicted of a felony, by SCPS jurisdiction, 1998

County (State)
Total

Percent of felony defendants
Incarceration
Nonincarceration
Total
Prison
Jail
Total Probation Fine
68%

30%

38%

32%

30%

2%

Jefferson (AL)
Maricopa (AZ)
Pima (AZ)
Alameda (CA)
Los Angeles (CA)
Orange (CA)
Sacramento (CA)
San Bernardino (CA)

63%
60
50
83
84
88
88
83

56%
20
32
23
46
36
30
39

6%
40
18
60
38
52
57
45

37%
40
50
17
16
12
12
17

34%
38
49
17
16
12
12
17

3%
1
1
0
0
0
-0

San Francisco (CA)
Santa Clara (CA)
Ventura (CA)
Broward (FL)
Miami-Dade (FL)
Hillsborough (FL)
Orange (FL)
Cook (IL)

54%
88
93
59
63
33
52
43

14%
21
32
26
10
18
8
42

41%
67
61
32
53
15
44
2

46%
12
7
41
37
67
48
57

45%
12
7
39
33
67
48
57

1%
0
0
3
4
0
-0

DuPage (IL)
Marion (IN)
Jefferson (KY)
Montgomery (MD)
Baltimore (city) (MD)
Wayne (MI
Jackson (MO)
St. Louis (MO)

46%
99
30
89
97
31
23
35

28%
49
9
14
59
14
22
22

18%
51
22
75
38
17
1
13

54%
1
70
11
3
69
77
65

53%
1
61
6
3
69
76
63

1%
0
9
5
0
0
-2

Bronx (NY)
Erie (NY)
Kings (NY)
Monroe (NY)
New York (NY)
Queens (NY)
Suffolk (NY)
Hamilton (OH)

44%
60
64
60
59
40
61
63

0%
15
0
28
0
0
12
41

44%
45
64
32
59
40
49
22

56%
40
36
40
41
60
39
37

43%
40
18
39
35
36
33
35

14%
0
17
1
5
24
5
2

Allegheny (PA)
Philadelphia (PA)
Shelby (TN)
Dallas (TX)
Harris (TX)
King (WA)
Milwaukee (WI)

38%
57
77
50
83
77
72

11%
49
51
24
31
30
33

27%
8
25
26
52
47
40

62%
43
23
50
17
23
28

62%
43
19
49
14
21
27

0%
0
4
1
3
2
1

Note: Sentences to incarceration may have also included a probation term. Sentences
to incarceration or probation may have included a fine, restitution, community service,
treatment or other court-ordered condition. Fines included restitution or community
service in some instances. Detail may not add to 100% because of rounding.
--Less than 0.5%.

46 Felony Defendants in Large Urban Counties, 1998