U.S. Department of Justice
Office of Justice Programs

Bureau of Justice Statistics

Bulletin
October 2001, NCJ 190103

Felony Sentences in State
Courts, 1998
By Matthew R. Durose
David J. Levin
and Patrick A. Langan, Ph.D.
BJS Statisticians
In 1998 State courts convicted nearly
930,000 adults of a felony. Forty-four
percent of convicted felons were
sentenced to a State prison, and 24%
were sentenced to a local jail (usually
for a year or less). The remaining 32%
were sentenced to probation. These
findings come from a survey conducted
every 2 years and is the Nation’s sole
source of statistical information on the
sentences felons receive in State
courts nationwide.
National Judicial Reporting Program
The “National Judicial Reporting
Program” (NJRP) compiles detailed
information on the sentences and
characteristics of convicted felons.
Previous national surveys of felony
sentencing in State courts were
conducted in 1986, 1988, 1990, 1992,
1994, and 1996.1
1

See Felony Sentences in State Courts, 1986,
NCJ 115210, February 1989; Felony Sentences
in State Courts, 1988, NCJ 126923, December
1990; Felony Sentences in State Courts, 1990,
NCJ 140186, March 1993; Felony Sentences in
State Courts, 1992, NCJ 151167, January 1995;
Felony Sentences in State Courts, 1994, NCJ
163391, January 1997; Felony Sentences in
State Courts, 1996, NCJ 173939, May 1999.

Highlights
• In 1998 State courts convicted
927,717 adults of a felony. Federal
courts convicted 50,494, bringing the
combined U.S. total to 978,211. State
courts accounted for 95% of the
national total.
• Drug offenders were 33.9% of felons
convicted in State courts in 1998.
Property offenders made up 30.5%;
violent offenders, 17.8%; and those
convicted of weapon offenses and
other nonviolent crimes made up the
rest (17.8%).
• State courts sentenced 44% of
convicted felons to a State prison,
24% to a local jail, and 32% to straight
probation with no jail or prison time to
serve.
• State courts sentenced to death
1% of those convicted of murder.

• The average sentence length to
State prison has decreased since
1990 (6 years versus almost 5
years), but felons sentenced in 1998
were likely to serve more of that
sentence before release (33% versus
47%).




• Guilty pleas accounted for 94% of
felony convictions in 1998. Trial
convictions accounted for the remaining 6%.
• Nationally, of the felons convicted in
1998, 55% were white, 44% were
black, and 1% were other races. The
average age of felons convicted in
State courts in 1998 was 31.
• Females account for an increasing
portion of felons convicted in State
courts. In 1990, females were 14%
of convicted felons; in 1998, 17%.

• The average sentence to local jail
• In 1998 the average time from arrest
was 6 months. The average probation to sentencing was just over 7 months
sentence was 3 years and 4 months.
(214 days).
A fine was imposed on 21% of
convicted felons, restitution on 13%,
community service on 6%, and treatment was ordered for 6%.

The 1998 survey was based on a
sample of 344 counties (out of the
Nation’s approximately 3,100 counties)
selected to be nationally representative.
The 344 included the District of Columbia and at least 1 county from every
State except, by chance, Delaware and
Montana. Among the 344 sampled
counties, 2 sentenced no felons during
Table 1. Estimated number of felony
convictions in State courts, 1998
Most serious
conviction offense
All offenses

Felony convictions
in State court
Number
Percent
927,717
100%

Violent offenses
Murdera
Murder
Manslaughter
Sexual assaultb
Rape
Other sexual assault
Robbery
Armed
Unarmed
Unspecified
Aggravated assault
Other violentc

164,584
9,158
6,944
2,127
29,693
11,622
18,071
38,784
11,977
10,358
16,450
71,060
15,889

17.8%
1.0
0.7
0.2
3.2
1.3
1.9
4.2
1.3
1.1
1.8
7.7
1.7

Property offenses
Burglary
Residential
Nonresidential
Unspecified
Larceny
Motor vehicle theft
Other theftd
Fraud
Fraude
Forgery

283,002
87,957
12,542
20,419
54,996
107,621
14,368
93,253
87,424
43,975
43,449

30.5%
9.5
1.4
2.2
5.9
11.6
1.5
10.1
9.4
4.7
4.7

Drug offenses
Possession
Trafficking
Marijuana
Other
Unspecified

314,626
119,443
195,183
22,975
54,633
117,575

33.9%
12.9
21.0
2.5
5.9
12.7

Weapon offenses
Other offensesf

31,904

3.4%

133,601

14.4%

Note: Detail may not sum to total because
of rounding. This table is based on an
estimated 927,717 cases.
a
Includes manslaughter, defined as nonnegligent manslaughter only. A small number of
cases were classified as nonnegligent
manslaughter when it was unclear if the
conviction offense was murder or nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent
manslaughter and kidnaping.
d
In a small number of cases, the type of
larceny - vehicle theft versus other theft - was
unknown. They were classified as “other
theft”.
e
Includes embezzlement.
f
Composed of nonviolent offenses such as
receiving stolen property and vandalism.

2 Felony Sentences in State Courts, 1998

1998. The 1998 survey excluded
Federal courts and those State or local
courts that did not adjudicate adult
felony cases.
According to the BJS Federal Justice
Statistics Program, Federal courts
convicted 50,494 persons of a felony in
1998 (see page 3).2 That number
represents 5% of the combined State
and Federal total number of felony
convictions during 1998.

283,000 (30.5%) for the property
offenses of burglary, larceny, fraud,
and forgery; 314,600 (33.9%) for drug
offenses; and 31,900 (3.4%) for
weapon offenses (table 1). The
remaining 133,600 (14.4%) consisted
of persons convicted of nonviolent
offenses such as receiving stolen
property and escaping custody.
Marijuana trafficking convictions were
2.5% of the conviction total, and
marijuana possession convictions were
3.6% of the total.

The 1998 survey included only offenses
that State penal codes defined as
Sentences for felonies
felonies. Felonies are widely defined
as crimes with the potential of being
In 1998, 68% of all convicted felons
punished by more than 1 year in prison. were sentenced to a period of confinement  44% to State prisons and 24%
Felony conviction offenses
to local jails (table 2). Jail sentences
are for short-term confinement (usually
A total of 927,717 persons were
for a year or less) in a county or city
convicted of a felony in State courts
facility, while prison sentences are for
in 1998, including 164,600 (or 17.8%
long-term confinement (usually for over
of the total) for a violent felony;
a year) in a State facility. An estimated
32% of all convicted felons were sen2
By comparison, the State court in 1 county, Los
tenced to probation with no jail or
Angeles, accounted for about 47,000 felony
convictions in 1998.
prison time to serve.
Table 2. Types of felony sentences imposed by State courts, by offense, 1998
Percent of felons sentenced to
Incarceration
Total
Prison
Jail
68%
44%
24%




Most serious
conviction offense
All offenses

Total
100%

Violent offenses
Murdera
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc

100%
100
100
100
100
100
100
100

78%
96
82
84
80
88
72
67

59%
94
67
70
64
76
46
41

19%
2
15
14
16
12
26
26

22%
4
18
16
20
12
28
33

Property offenses
Burglary
Larcenyd
Motor vehicle theft
Fraude

100%
100
100
100
100

65%
75
64
76
55

43%
54
40
43
35

22%
21
24
33
20

35%
25
36
24
45

Drug offenses
Possession
Trafficking

100%
100
100

68%
65
71

42%
36
45

26%
29
26

32%
35
29

100%

66%

42%

24%

34%

100%

63%

35%

28%

37%

Weapon offenses
f

Other offenses

Probation
32%

Note: For persons receiving a combination of sentences, the sentence designation came from
the most severe penalty imposed 
 prison being the most severe, followed by jail, then probation.
Prison includes death sentences. Felons receiving a sentence other than incarceration or probation are classified under “probation”. This table is based on an estimated 921,328 cases.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen property and vandalism.

Comparison of felony convictions in State and Federal courts, 1998

Most serious
conviction offense
All offenses

Felony convictions
Total
State
Federal

Federal felony
convictions as
percent of total

Percent of felons sentenced
to incarceration (prison or
jail) 
State
Federal

Mean maximum sentence
length (in months) for felons
sentenced to incarceration
(prison or jail) —
State
Federal

978,211

927,717

50,494

5.2%

68%

82%

39 mo

61 mo

167,294

164,584

2,710

1.6%

78%

92%

77 mo

89 mo

9,455
29,910
11,703
18,207
40,564
71,336
16,029

9,158
29,693
11,622
18,071
38,784
71,060
15,889

297
217
81
136
1,780
276
140

3.1
0.7
0.7
0.7
4.4
0.4
0.9

96
82
84
80
88
72
67

91
87
88
86
96
74
86

294,341

283,002

11,339

3.9%

65%

59%

31 mo

23 mo

88,050
109,115
14,518
94,597
97,176
52,423
44,753

87,957
107,621
14,368
93,253
87,424
43,975
43,449

93
1,494
150
1,344
9,752
8,448
1,304

75
64
76
62
55
49
61

52
54
76
52
60
60
60

39
25
22
26
27
30
25

27
32
28
33
22
23
20

Drug offenses

335,493

314,626

20,867

6.2%

68%

92%

31 mo

79 mo

Possession
Trafficking

120,893
214,600

119,443
195,183

1,450
19,417

1.2
9.0

65
71

87
93

21
37

84
79

35,064

31,904

3,160

9.0%

66%

92%

29 mo

101 mo

146,019

133,601

12,418

8.5%

63%

81%

25 mo

32 mo

Violent offenses
Murder
Sexual assault
Rape
Other sexual assault
Robbery
Aggravated assault
Other violent
Property offenses
Burglary
Larceny
Motor vehicle theft
Other theft
Fraud
Fraud
Forgery

Weapon offenses
Other offenses

The vast majority of all felony convictions in the United States occur in
State courts. Overall, Federal courts
account for a relatively small number.
• In 1998 Federal courts convicted
50,494 persons of a violent, property,
drug, or other felony. State courts
convicted 927,717 bringing the
combined U.S. total to 978,211 felons
convicted. Federal courts accounted
for 5% of the national total.
• Violent offenses comprised 5% of
felony convictions in Federal courts but
18% of those in State courts.

0.1
1.4
1.0
1.4
10.0
16.1
2.9

• In 1998, 82% of felons convicted in
Federal courts were sentenced to
incarceration. The remaining 18%
received probation. State courts
sentenced 68% of felons to incarceration (prison or jail) and 32% to straight
probation.
• The average Federal incarceration
sentence was just over 5 years in
1998. By contrast, State incarceration
sentences (prison or jail) had an
average of 3 years and 3 months.
• Federal drug offenders received
incarceration terms that were about
twice the length of drug offenders in
State courts (6 years and 7 months
versus 2 years and 7 months).

258
94
125
74
94
44
37

113
75
138
37
91
39
115

• In 1998 Federal offenders released
from prison served an average of 91%
of their prison term before release.
Felons convicted in State courts
served a significantly smaller proportion of their total incarceration
sentence. For instance, State prisoners (not including felons sentenced to
jail) served about 47% of their total
prison sentence in 1998.
Source of Federal data: Federal statistics shown in the above table are from
the same database that was used to
create tables 5.1 and 5.2 of the BJS
publication Compendium of Federal
Statistics, 1998 (NCJ 180258). Tables
5.1 and 5.2 figures differ from the
above figures because of differences
in how offenses were defined.

Felony Sentences in State Courts, 1998 3

Sentence length
An offender convicted of multiple
offenses receives a sentence for each

offense. If multiple prison sentences
are imposed, the court then decides
whether the convicted felon will serve
the sentences concurrently (at the

Table 3. Lengths of felony sentences imposed by
State courts, by offense and type of sentence, 1998

Most serious
conviction offense
Mean
All offenses
Violent offenses
a

Murder
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc
Property offenses

Maximum sentence length (in
months) for felons sentenced to 

Incarceration
Total
Prison
Jail
Probation
39 mo

57 mo

6 mo

40 mo

77 mo

100 mo

7 mo

47 mo

258
94
125
74
94
44
37

263
111
147
88
106
66
56

11
8
8
8
10
6
6

60
67
68
67
59
41
39

31 mo

44 mo

5 mo

39 mo

39
25
22
27

52
37
35
40

6
5
5
4

44
38
38
39

31 mo

47 mo

5 mo

38 mo

21
37

35
54

4
6

36
40

Weapon offenses

29 mo

42 mo

6 mo

35 mo

Other offensesf

25 mo

40 mo

6 mo

40 mo

18 mo

36 mo

4 mo

36 mo

36 mo

60 mo

6 mo

36 mo

8
6
6
6
9
4
4

60
60
60
60
60
36
36

Burglary
Larcenyd
Motor vehicle theft
Fraude
Drug offenses
Possession
Trafficking

Median
All offenses
Violent offenses
a

Murder
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc
Property offenses

288
60
72
48
60
24
16

300
66
100
60
72
42
36

16 mo

30 mo

4 mo

36 mo

24
12
12
12

36
24
24
24

4
4
4
3

36
36
36
36

14 mo

36 mo

4 mo

36 mo

12
19

24
36

3
4

25
36

Weapon offenses

18 mo

30 mo

4 mo

30 mo

Other offensesf

12 mo

27 mo

4 mo

36 mo

Burglary
Larcenyd
Motor vehicle theft
Fraude
Drug offenses
Possession
Trafficking

Note: See note on table 2. Means exclude sentences to death or to life in prison.
This table is based on an estimated 921,328 cases.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen property and vandalism.

4 Felony Sentences in State Courts, 1998

same time) or consecutively (one after
another). For persons with consecutive
sentences, the total time is the sum of
the sentence lengths, and for persons
with concurrent sentences, the total
time is the same as the longest
sentence. For persons convicted of a
single offense, the total time refers
simply to the sentence for that offense.
Whenever an offender received a
prison sentence range, such as 5 to 10
years, the total time refers to the
maximum.
For the Nation in 1998, the mean felony
sentence to incarceration (prison or jail)
was 3 years and 3 months; the median
was 1 year and 6 months (table 3).
State prison sentences
In 1998 the mean length of sentences
to State prison was almost 5 years; the
median term was 3 years. The mean
prison sentence for murder and
nonnegligent manslaughter was nearly
22 years; the median was 25 years.
Life sentences are rare among
convicted felons, whether measured as
a percentage of all sentences (0.5%)
or as a percentage just of prison
sentences (1.1%). However, among
persons convicted of murder or
nonnegligent manslaughter, 26% were
sentenced to life in prison, and 1%
were sentenced to death.
Among persons convicted of murder or
nonnegligent manslaughter and
sentenced to prison, 27% were
sentenced to life in prison, and 1%
were sentenced to death. When
considering those convicted of murder
specifically (not including nonnegligent
manslaughter), 32% were sentenced
to life, and 1% were sentenced to
death. Again, among those convicted
of murder specifically and sentenced
to prison, 34% were sentenced to life
in prison, and 1% were sentenced to
death.3
3
Not all persons convicted of murder were
subject to the death penalty. Thirty-eight States
authorized the death penalty in 1998. Within
those 38, only certain types of murder were
capital offenses.

Life sentences in 1998 were 
Life sentences as
a percent of 

All
All prison
sentences sentences
All offenses
.5%
1.1%
Murder
25.5
27.4
Sexual assault
1.8
2.7
Rape
3.9
5.5
Other sexual assault
.5
.7
1.2
1.6
Robbery
.5
1.1
Aggravated assault
Other violent
.2
.6
.3
.5
Burglary
.1
.2
Larceny
Motor vehicle theft
.1
.2
Fraud
--Drug possession
.2
.6
.1
.2
Drug trafficking
Weapons
.2
.6
Other
.1
.2
--Less than 0.05%.

Jail and probation sentences
Among felons who received a sentence
to local jail in 1998, the mean sentence
was 6 months, and the median was 4
months. Probation sentences had a
mean length of 3 years and 4 months
and a median of 3 years (table 3).

under supervision in the community.
To calculate time to be served by
felons sentenced in 1998, the fraction
of their sentence they might reasonably
be expected to serve was obtained
from records of inmates released from
prison in a recent year. Life sentences
and death sentences were excluded
because it is not possible to specify the
percentage served. The percentage of
the sentence that released inmates had
served was applied to felons sentenced
to prison in 1998.
Based on data collected by BJS in its
“National Corrections Reporting
Program,” inmates released from
prisons in 1998 had served an average
of 47% of their total sentence in prison
(table 4). The percentage of sentence
served ranged from 60% for those
convicted of weapon offenses to a low
of 40% for those convicted of drug
possession.

Applying these percentages to State
prison sentences received in 1998, it is
estimated that felons sentenced in
1998 would serve just over 2 years, or
47% of their average 5-year prison
sentence.
Since life sentences and death are rare
for most types of crimes, this method
gives reasonably sound estimates of
time to be served for most offenses
(assuming, among other things, that
prison release policies applicable to
persons sentenced in 1998 are not
markedly different from those governing recent releases). However, life
sentences and death are not rare for
murder, though they are rare for
nonnegligent manslaughter. Consequently, time to be served shown for
“murder and nonnegligent manslaughter” perhaps substantially underestimates the amount of time all persons
convicted of these offenses are likely to
serve since the time only applies to
persons not receiving a life or death
sentence.

Table 4. Estimated time to be served in State prison, by offense, 1998

Estimated State prison time to be
served
The amount of time felons actually
serve in prison is typically a fraction of
the total sentence received. Two
primary reasons explain the difference
between sentences received and time
served:
In States that impose indeterminate
sentences, a judge specifies the
minimum and/or maximum sentence
length, but a parole board decides
when the prisoner will actually be
released.
In most but not all States, prisoners
gain early release through time credits
that they receive automatically or that
are granted to them for good behavior
or special achievements  provisions
that are intended to help correctional
officials manage institutional
populations.
For both types of sentence reduction,
released offenders usually serve the
remaining portion of their sentences

Most serious
conviction offense

Mean prison
sentence

To be served in
prison, estimated 

Percent of
Timeb
sentencea

57 mo
100 mo
263
111
147
88
106
66
56
44 mo

47%
54%
52
56
58
55
51
57
55
45%

27 mo
54 mo
136
62
81
45
54
38
31
20 mo

Burglary
Larcenyf
Motor vehicle theft
Fraudg
Drug offenses
Possession
Trafficking

52
37
35
40
47 mo
35
54

45
45
43
42
41%
40
41

24
17
15
17
19 mo
14
22

Weapon offenses

42 mo

60%

25 mo

All offenses
Violent offenses
Murderc
Sexual assaultd
Rape
Other sexual assault
Robbery
Aggravated assault
Other violente
Property offenses

40 mo
51%
20 mo
Other offensesh
a
Percentages are based on data from 237,443 persons released from State prisons in 1998
(National Corrections Reporting Program, 1998 tables 2-8 and 2-12). These percentages
included credited jail time.
b
Derived by multiplying the percentage of sentence to be served by the mean sentence imposed.
c
Includes nonnegligent manslaughter.
d
Includes rape.
e
Includes offenses such as negligent manslaughter and kidnaping.
f
Includes motor vehicle theft.
g
Includes forgery and embezzlement.
h
Composed of nonviolent offenses such as receiving stolen property and vandalism.

Felony Sentences in State Courts, 1998 5

Convicted felon populations:
Sex, race, and age
In 1998 men comprised 48% of adults
(age 18 or older) in the U.S. population

but 83% of persons convicted of a
felony and 90% of persons convicted of
a violent felony (table 5). Whites were
83% of the adult U.S. population but
55% of persons convicted of a felony

and 53% of the persons convicted of a
violent felony. Corresponding figures
for blacks were 12% of the adult U.S.
population but 44% of convicted felons
and 44% of felons convicted of a

Table 5. Demographic characteristics of persons convicted of felonies by State courts, by offense, 1998
Percent of convicted felons
Race
White Black
Other 13-19 20-29

30-39

Age at sentencing
40-49 50-59
60+

17%

55%

44%

1%

9%

39%

32%

16%

3%

1%

31 yr

30 yr

90%

10%

53%

44%

3%

12%

41%

28%

13%

4%

2%

31 yr

29 yr

100
100
100
100
100
100
100

92
97
98
96
92
86
89

8
3
2
4
8
14
11

42
69
67
70
35
56
67

57
26
32
23
64
41
32

1
5
1
7
1
3
1

12
7
6
7
22
9
9

49
34
36
34
47
40
39

21
31
32
30
22
30
28

12
16
16
16
8
15
17

4
8
7
8
1
4
5

2
4
3
5
-2
2

30
34
34
34
26
31
32

26
32
32
33
24
30
30

100%

75%

25%

60%

38%

2%

10%

40%

32%

14%

3%

1%

31 yr

29 yr

100
100
100
100

92
76
91
58

8
24
9
42

64
57
69
62

35
41
27
37

1
2
4
1

17
10
18
4

43
39
48
39

27
31
26
36

11
16
7
16

2
3
1
4

-1
-1

28
31
27
32

26
30
25
31

Drug offenses

100%

82%

18%

46%

53%

1%

7%

39%

33%

17%

3%

1%

32 yr

31 yr

Possession
Trafficking

100
100

79
84

21
16

55
42

44
57

1
1

5
8

34
43

36
30

20
15

4
3

1
1

33
31

33
29

Most serious
conviction offense

Total

All offenses

100%

83%

100%

Violent offenses
a

Murder
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc
Property offenses
Burglary
Larcenyd
Motor vehicle theft
Fraude

Sex
Male Female

Mean

Median

Weapon offenses

100%

94%

6%

49%

50%

1%

10%

47%

26%

12%

4%

1%

30 yr

27 yr

Other offensesf

100%

88%

12%

67%

31%

2%

7%

35%

34%

18%

5%

1%

33 yr

32 yr

b

e
Includes rape.
Includes forgery and embezzlement.
Includes offenses such as negligent manslaughter fComposed of nonviolent offenses such as
and kidnaping.
receiving stolen property and vandalism.
d
Includes motor vehicle theft.

Note: Data on sex were available for 773,028
cases; on race, 647,483; and on age, 748,225.
--Less than 0.5%.
a
Includes nonnegligent manslaughter.

c

Felony convictions and sentences relative to the number of arrests, 1998
The number of State felony convictions
in 1998 was compared to the number
of crimes reported to police and the
number of arrests made for these
crimes in 1998. Comparisons are
limited to crimes likely to be felonies.
These aggregate numbers should not
be interpreted as tracking individual
cases through the criminal justice

Offense
Murderc
Rape
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Drug trafficking

system. Nevertheless, the comparisons illustrate the approximate odds
of conviction and a prison sentence,
given an arrest for a felony.
For example, the FBI reports that in
1998 almost 15,400 adults were
arrested for murder (including nonnegligent manslaughter). That year, 9,158
persons were convicted of murder, and

Uniform Crime Reportsa
Number
Number of
of adults
crimes reported
arrested
to the police
16,910
15,373
93,100
25,726
446,630
88,356
974,400
434,182
2,330,000
214,624
1,240,800
96,599
...
286,899

Number
of felony
convictionsb
9,158
11,622
38,784
71,060
87,957
14,368
195,183

Note: The offenses selected have the greatest comparability across
reporting series and are widely defined across the States as felonies.
The offense designations in convictions and sentences came from the
most serious offense.
. . .Data are not available.

6 Felony Sentences in State Courts, 1998

8,609 murderers received a prison
sentence. For every 100 persons
arrested for murder in 1998, 60 were
convicted and 56 were sentenced to
prison for that offense. Corresponding
findings for drug traffickers were 68
convictions and 31 prison sentences
for every 100 arrests.

Number of felony sentencesb
Incarceration
Prison
8,609
8,792
9,762
8,135
29,476
34,130
51,163
32,688
65,968
47,497
10,920
6,035
138,580
87,832
a

For 100 arrests
Number of
Number of felony sentences
felony
convictions Incarceration
Prison
60
57
56
45
38
32
44
39
33
16
12
8
41
31
22
15
11
6
68
48
31

Source: Crime in the United States, 1998 (FBI, 1999).
Numbers for felony convictions, incarcerations, and prison sentences were
derived from tables 1 and 2 of this report.
c
Includes nonnegligent manslaughter.
b

violent crime. The other races (American Indians, Alaska Natives, Asians,
and Pacific Islanders) represented 5%
of the U.S. population but 1% of
convicted felons and 3% of those
convicted of a violent crime.
Persons in their twenties represented
about 19% of the adult U.S. population
but 39% of convicted felons. The
mean or average age of felons was
31 years; the median was 30.

Number of felony
conviction offenses

which 927,717 felons were convicted
and sentenced in 1998.4

At time of sentencing, over threequarters of felons sentenced in 1998
were sentenced for a single felony
offense (table 6). An estimated 16%
were sentenced for two felony
offenses, and the remaining 6% were
sentenced for three or more. The
number of offenses totaled about 1.2
million felony conviction offenses for

The greater the number of felony
conviction offenses, the more severe
was the sentence. The likelihood
of a State prison sentence rose from
41% for those convicted of one felony
to 53% for two felonies and 64% for
three or more (table 7).

Table 6. Number of offenses for felons convicted and
sentenced in 1998 in State courts, by most serious
felony conviction offense, 1998

Most serious
conviction offense
All offenses

Percent of convicted felons with 

Three or
One felony Two felony more felony
Total conviction convictions convictions
100%

78%

16%

6%

100%

72%

20%

8%

100
100
100
100
100

60
69
68
74
82

25
21
20
19
15

74%

18%

100
100
100

63
86
71

25
12
19

100%

80%

16%

4%

100
100

89
74

10
20

1
6

Weapon offenses

100%

79%

16%

5%

Other offensesf

100%

91%

8%

1%

Violent offenses
Murdera
Sexual assaultb
Robbery
Aggravated
Other violentc

Property offenses 100%
Burglary
Larcenyd
Fraude
Drug offenses
Possession
Trafficking

15
10
12
7
3
8%
12
2
10

Note: This table is based on an estimated 899,882 cases. The
number of convictions pertains to current, not past, convictions.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter
and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen
property and vandalism.

4
The 1.2 million figure pertains to current, not
past, convictions.

Table 7. Convicted felons sentenced to prison by State courts,
by number of conviction offenses, 1998

Most serious
conviction offense
All offenses

Percent of felons sentenced
to prison following 

Three or
One felony Two felony more felony
conviction convictions convictions
41%

53%

64%

54%

68%

81%

94
61
71
42
41

96
76
83
55
43

96
84
91
66
61

39%

50%

59%

49
38
32

59
46
41

69
53
48

40%

47%

57%

36
43

38
50

45
59

Weapon offenses

40%

50%

54%

Other offensesf

34%

45%

51%

Violent offenses
Murdera
Sexual assaultb
Robbery
Aggravated assault
Other violentc
Property offenses
Burglary
Larcenyd
Fraude
Drug offenses
Possession
Trafficking

Note: See note on table 2. This table is based on an estimated 893,536
cases. The number of convictions pertains to current, not past, convictions.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen property and
vandalism.

Felony Sentences in State Courts, 1998 7

The mean sentence to State prison also increased
from just over 4 years for those convicted of one
felony to a little more than 6 years for those
convicted of two or more (table 8).
Table 8. Mean sentence lengths for State felony
sentences imposed, by the number and category
of the conviction offense, 1998

Most serious
conviction offense

Mean maximum sentence length
(in months) for felons sentenced to 

Incarceration
Total
Prison
Jail Probation

One conviction
offense
All offenses
Violent offenses
a

Murder
Sexual assaultb
Robbery
Aggravated assault
Other violentc
Property offenses
Burglary
Larcenyd
Fraude
Drug offenses
Possession
Trafficking
Weapon offenses
f

Other offenses

34 mo

51 mo

6 mo

40 mo

62 mo

82 mo

7 mo

47 mo

219
73
74
39
35

223
88
84
61
51

13
8
11
6
6

59
68
61
41
39

28 mo

41 mo

6 mo

39 mo

37
24
25

51
35
37

6
6
5

43
37
38

29 mo

45 mo

5 mo

39 mo

21
36

34
53

4
6

36
41

26 mo

38 mo

6 mo

34 mo

25 mo

39 mo

6 mo

40 mo

Two or more
conviction offenses
All offenses
Violent offenses
a

Murder
Sexual assaultb
Robbery
Aggravated assault
Other violentc
Property offenses

57 mo

75 mo

5 mo

41 mo

115 mo

135 mo

6 mo

48 mo

321
136
135
59
51

327
151
144
77
77

38 mo

49 mo

10
7
8
5
7
5 mo

63
68
53
44
33
43 mo

Method of conviction
Of the 927,717 convicted felons, the vast majority  about
872,000, representing 94% of those sentenced for a felony in 1998
 pleaded guilty. The rest were found guilty either by a jury or by
a judge in a bench trial (tables 9 and 10). Persons convicted of
murder were the least likely to have pleaded guilty (55%) and the
most likely to have been convicted by a jury (38%).
In 1998 violent crime accounted for most jury trials. Of all jury trial
felony convictions in 1998, 51% (15,515 cases) were for violent
crime; 49% (14,966 cases) were for nonviolent crime. Juries
convicted 3,471 persons of murder in 1998, and 4,898 of aggravated assault.
Table 9. Number of felony convictions in State courts,
by offense and type of conviction, 1998
Most serious
conviction offense

927,717

55,711

30,482

25,229

872,001

164,584

21,462

15,515

5,947

143,119

9,158
29,693
11,622
18,071
38,784
71,060
15,889

4,098
4,121
2,352
1,784
4,679
7,377
1,187

3,471
3,214
1,874
1,351
3,191
4,898
740

626
907
478
434
1,487
2,479
448

5,059
25,572
9,271
16,285
34,104
63,683
14,702

283,002

11,598

4,609

6,990

271,402

87,957
107,621
14,368
87,424

3,389
5,052
439
3,157

1,902
1,743
169
964

1,487
3,309
270
2,193

84,568
102,569
13,927
84,265

Drug offenses

314,626

15,164

6,365

8,799

299,462

Possession
Trafficking

119,443
195,183

5,410
9,754

1,628
4,738

3,782
5,017

114,035
185,427

31,904

2,233

1,135

1,098

29,671

133,601

5,254

2,857

2,396

128,347

All offenses
Violent offenses
Murdera
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc
Property offenses
Burglary
Larcenyd
Motor vehicle theft
Fraude

Weapon offenses
f

Burglary
Larcenyd
Fraude
Drug offenses
Possession
Trafficking
Weapon offenses
f

Other offenses

43
32
32

53
45
44

6
5
4

45
42
42

38 mo

53 mo

5 mo

38 mo

27
41

40
56

4
5

36
39

39 mo

52 mo

7 mo

37 mo

30 mo

43 mo

6 mo

40 mo

Note: See notes on tables 2 and 3. This table is based on an
estimated 921,328 cases. The number of convictions
pertains to current, not past, convictions.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and
kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen
property and vandalism.

8 Felony Sentences in State Courts, 1998

Total

Number of felons convicted by 

Guilty
Trial
Jury
Bench
plea
Total

Other offenses

Note: Detail may not add to the total because of rounding.
This table is based on an estimated 598,996 cases. However, figures are
adjusted for cases missing a designation of conviction type.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen property and
vandalism.

Murderers convicted by a jury were the most likely to
have received a life sentence (40%) or the death
penalty (3%).
Type of
conviction

Type of sentence for murder or
nonnegligent manslaughter
Total
Life Death Other

Total
Trial
Jury
Bench
Guilty plea

100%
100
100
100
100

26%
38
40
16
16

1%
2
3
0
1

Most serious
conviction offense
All offenses
Violent offenses
a

Case processing time
Mean time from arrest to sentencing in 1998 was
slightly over 7 months (table 11). Median time was just
under 5 months. Jury trial cases took the most time 
over 12 months on average from arrest to sentencing.
Cases disposed by guilty plea took the least time  just
over 7 months on average.
5

Juries seldom impose a sentence. With rare exception, sentencing
in a jury trial is the responsibility of the judge.

Table 10. Percent of felons convicted in State
courts, by offense and type of conviction, 1998

All offenses
Violent offenses
Murdera
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc
Property offenses
Burglary
Larcenyd
Motor vehicle theft
Fraude
Drug offenses

Percent of felons convicted by 

Guilty
Trial
Total
Total Jury Bench plea
100%

6%

100%

13%

100
100
100
100
100
100
100

45
14
20
10
12
10
7

3%

3%

94%

9%

4%

87%

7
3
4
2
4
3
2

55
86
80
90
88
90
93

38
11
16
8
8
7
5

100%

4%

2%

2%

96%

100
100
100
100

4
5
3
4

2
2
1
1

2
3
2
3

96
95
97
96

100%

5%

2%

3%

95%

100
100

5
5

2
2

3
3

95
95

Weapon offenses

100%

7%

4%

3%

93%

Other offensesf

100%

4%

2%

2%

96%

Possession
Trafficking

Number of days between arrest
and sentencing for cases disposed by 

Guilty
Trial
Jury
Bench
plea
Total
Total

Mean

73%
60
57
84
83

Juries accounted for 38% of murder convictions but
56% of life and death sentences for murder.5

Most serious
conviction offense

Table 11. Mean and median number of days between arrest
and sentencing for felony cases disposed by State courts, 1998

Note: Detail may not add to the total because of rounding. This
table is based on an estimated 598,996 cases. However, figures
are adjusted for cases missing a designation of conviction type.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen
property and vandalism.

Murder
Sexual assaultb
Rape
Other sexual
assault
Robbery
Aggravated
assault
Other violentc
Property offenses
Burglary
Larcenyd
Motor vehicle
theft
Fraude

214 days 352 days 379 days 328 days 216 days
254 days 401 days 413 days 381 days 248 days
472
289
294
285

537
396
400
389

526
398
391
409

595
398
423
342

452
277
290
270

245
230

353
344

360
356

337
322

238
235

192

377

401

343

202

206 days 313 days 329 days 300 days 208 days
195
205
189

324
294
236

327
295
229

324
292
232

197
211
229

219

331

388

291

215

203 days 327 days 351 days 324 days 210 days

Drug offenses
Possession
Trafficking

200
205

309
336

307
363

322
324

216
206

Weapon offenses

211 days 323 days 356 days 300 days 220 days

Other offensesf

208 days 319 days 340 days 287 days 213 days

Median
All offenses

149 days 278 days 300 days 256 days 153 days

Violent offenses

189 days 320 days 333 days 290 days 184 days

Murdera
Sexual assaultb
Rape
Other sexual
assault
Robbery
Aggravated
assault
Other violentc
Property offenses
Burglary
Larcenyd
Motor vehicle
theft
Fraude

399
221
227
220

469
319
340
301

463
313
317
311

578
359
387
232

379
209
220
203

187
172

283
265

298
276

258
256

179
173

147

277

316

271

161

144 days 245 days 263 days 222 days 148 days
137
141
122

249
229
224

253
259
140

223
214
229

144
148
143

155

268

280

248

152

136 days 264 days 281 days 259 days 144 days

Drug offenses
Possession
Trafficking

122
143

Weapon offenses
f

Other offenses

245
273

231
287

259
261

142
145

145 days 249 days 265 days 249 days 152 days
145 days 250 days 276 days 227 days 152 days

Note: The grand total includes all cases, whether or not conviction type was
known. Data by conviction type are based on an estimated 356,822 cases.
“379” days between arrest and sentencing for jury trials is based on data
from 125 counties; “328” days for bench trials, 42 counties; and “216” days
for guilty pleas, 167 counties.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen property and
vandalism.

Felony Sentences in State Courts, 1998 9

Table 12. Felons sentenced to an additional
penalty by State courts, by offense, 1998
Most serious
conviction offense
All offenses
Violent offenses
a

Murder
Sexual assaultb
Rape
Other sexual assault
Robbery
Aggravated assault
Other violentc
Property offenses
Burglary
Larcenyd
Motor vehicle theft
Fraude
Drug offenses

Percent of felons with an additional penalty of 

Community
Fine
Restitution Treatment service
Other
21%

13%

6%

6%

7%

18%

13%

5%

5%

6%

9
16
12
18
12
21
22

10
11
10
12
13
14
15

1
8
9
8
3
6
5

3
4
3
4
3
7
6

2
7
8
5
5
6
9

21%

24%

5%

8%

7%

19
21
12
24

23
21
21
29

5
4
5
5

22%

6%

19
24

5
7

Weapon offenses

18%

5%

Other offensesf

24%

9%

Possession
Trafficking

6
7
5
11

6%

7
9
17
5

6%

7%

8
5

9
5

4%

6%

6%

6%

6%

10%

10
4

Note: Where the data indicated affirmatively that a particular additional penalty was
imposed, the case was coded accordingly. Where the data did not indicate affirmatively
or negatively, the case was treated as not having an additional penalty. These procedures
provide a conservative estimate of the prevalence of additional penalties. A felon receiving
more than one kind of additional penalty appears under more than one table heading.
This table is based on an estimated 927,717 cases.
a
Includes nonnegligent manslaughter.
b
Includes rape.
c
Includes offenses such as negligent manslaughter and kidnaping.
d
Includes motor vehicle theft.
e
Includes forgery and embezzlement.
f
Composed of nonviolent offenses such as receiving stolen property and vandalism.

Additional penalties
Besides being sentenced to incarceration or probation, 36% or more of
convicted felons also were ordered to
pay a fine, pay victim restitution,
receive treatment, perform community
service, or comply with some other
additional penalty (for example,
undergo house arrest or appear
periodically for drug testing). A fine
was imposed on at least 21% of
convicted felons (table 12).

Trends in the United States:
1990 to 1998
Number of convictions increasing
State courts convicted 927,717 adults
of a felony in 1998. That total is 12%
greater than the number convicted in
1990. The general trend has been
upward since 1990.
Number of felony convictions
in State courts
1,200,000

Estimates of the percentages of felons
receiving other penalties are 13% restitution, 6% some form of treatment, and
6% community service. (See note on
table 12.)

800,000

400,000

0

10 Felony Sentences in State Courts, 1998

1990 1992 1994 1996 1998

1990
1992
1994
1996
1998

Number of felony
convictions
829,344
893,630
872,217
997,970
927,717

Increasing likelihood of arrest leading
to conviction
The likelihood of a felony arrest leading
to a felony conviction is approximated
by dividing the number of adult felony
convictions in a year by the number of
adult felony arrests that year. In 1998,
for example, robbery convictions
totaled 38,784, and robbery arrests
totaled 88,356, indicating about a 44%
likelihood of conviction for robbery.
Approximate likelihood of felony arrest
leading to felony conviction
1990
1994
Murder
65%
55%
Robbery
37
39
Aggravated assault
13
14
Burglary
38
39
Drug trafficking
53
52

1998
60%
44
16
41
68

Although the Nation’s annual arrest
statistics do not distinguish felony from
misdemeanor arrests, this method for
estimating the likelihood of conviction
from aggregate statistics is still valid for
certain crimes such as robbery
that State law always or nearly always
defines as felonies.





Since 1990 the likelihood of an arrest
leading to a conviction has generally
risen for all crimes.
Case processing time
Cases took the courts about the same
time to process in 1990 and 1998. In
1990 and 1998 the average length of
time from arrest to sentencing was just
over 7 months.

Guilty pleas
An indirect measure of how well courts
keep pace with a growing workload is
the percentage of cases disposed by
guilty plea. Because guilty pleas take
less time than trials, a rising workload
might exert pressure on prosecutors
and judges to dispose of more cases
by plea rather than trial. The data
contain evidence of more guilty pleas.
In 1990 guilty pleas accounted for 91%
of all felony convictions, and trials
accounted for the remaining 9%.
Corresponding figures for 1998 were
94% guilty pleas and 6% trials. Since
1990 guilty pleas have accounted for
at least 89% of felony convictions.
Aging of convicted felons
The average age of the American
population is rising, a trend reflected in
the changing average age of convicted
felons. In 1990, persons age 30 or
older comprised 74% of adults (age 18
and older) in the U.S. population and
accounted for 42% of persons
convicted; in 1998, persons age 30 or
older comprised 78% of adults (age 18
or older) in the U.S. population and
accounted for 52% of persons
convicted. The median age of
convicted felons was 28 years in 1990
but 30 years in 1998.
Changing racial composition of
convicted felons

Percent of convicted felons
sentenced to prison, jail, or probation
Prison

Jail

1990
1992
1994
1996
1998

Probation

0%

10% 20% 30% 40% 50%

Percent of convicted felons sentenced to prison, jail, or probation
1990
1998
Prison
Jail
Probation

46%
25
29

Unchanged likelihood of prison
From 1988 to 1994 the percentage of
felons receiving a State prison
sentence remained around 45%. In
1996 the percentage receiving prison
sentences dropped to 38%. The

44%
24
32

percentage of felons sent to prison
returned to about 45% in 1998.
Of all felony offenses, drug trafficking
had one of the largest decreases in the
percentage sentenced to prison
between 1990 and 1998 (from 49% in
1990 to 45% in 1998).
Percent of convicted felons who received
a prison sentence
All offenses
Murder
Robbery
Aggravated assault

Blacks, American Indians, Alaska
Natives, Asians, and Pacific Islanders
comprise a growing fraction of the U.S.
population but a decreasing percentage
of convicted felons. In 1990, the races
other than whites were 15% of persons
age 18 or older and 48% of persons
convicted of a felony. In 1998 those
same racial groups accounted for 17%
of U.S. adults and 45% of those
convicted.

Shorter imposed prison sentences and
a growing fraction of sentence served
before release

1990
1998

Burglary
Larceny
Drug trafficking
0%

20% 40% 60% 80% 100%

Percent of convicted
felons who received
a prison sentence
1990 1994 1998
All offenses
46%
45% 44%
Murder
91
95
94
Robbery
73
77
76
Aggravated
45
48
46
assault
Burglary
54
53
54
Larceny
40
38
40
Drug trafficking 49
48
45

Prior to being freed, inmates released
from State prison in 1990 had served,
on average, a third of the sentence
imposed on them by the court. In
1998 inmates were released after
serving approximately half of their
court-imposed sentence. While prisoners are serving a growing percentage
of their court-imposed sentence, the
average court-imposed sentence has
been decreasing.
In 1990 the typical felon received a
6-year sentence and (assuming a
person sentenced in 1990 will serve the
same fraction of his/her sentence as
was typical among persons released in
1990) would serve a third of that
sentence before release, or 2 years.
By contrast, in 1998 the typical felon
received a 5-year sentence but
(assuming a person sentenced in 1998
will serve the same fraction of his/her
sentence as was typical among
persons released in 1998) would serve
half of that sentence before release, or
2 years and 3 months.
Average imposed prison
sentence length (in months)
1990 1994
1998
All offenses
75 mo
71 mo
57 mo
Murder
243
269
263
Robbery
115
116
106
Aggravated assault 78
79
66
Burglary
80
69
52
Larceny
49
45
37
Drug trafficking
74
66
54
Percent of imposed prison
sentence actually served
1990
1994
1998
All offenses
33%
38%
47%
Murder
43
47
52
Robbery
39
44
51
Aggravated assault 33
46
57
Burglary
32
35
45
Larceny
27
37
45
Drug trafficking
31
32
41
Estimated actual time to be
served in prison (in months)
1990
1994
1998
All offenses
25 mo 27 mo 27 mo
Murder
104
127
136
Robbery
45
51
54
Aggravated assault 26
36
38
Burglary
26
24
24
Larceny
13
17
17
Drug trafficking
23
21
22

Felony Sentences in State Courts, 1998 11

Methodology

Of these, 290,800 cases were in the 75
largest counties.

Sampling
In 1988 a sample of 300 counties was
drawn for the 1988 NJRP survey. With
little exception, these same 300
counties were the source of NJRP data
for 3 subsequent NJRP surveys (1990,
1992, 1994). For the 1996 NJRP
survey a new sample was drawn,
consisting of 344 counties. The 344
counties included 98 that had been in
the NJRP sample in the 4 previous
surveys (1988, 1990, 1992, 1994) and
246 that had never been in an NJRP
sample. The 98 consisted of 80
counties selected by chance alone;
plus 18 of the Nation’s largest counties
selected not by chance but (given their
large 1995 population size) with
certainty. The same 344 counties were
used for the 1998 NJRP survey.
The 1998 survey was based on a
two-stage, stratified cluster sampling
design. In the first stage the Nation’s
3,195 counties or county equivalents
were divided into 14 strata (see appendix table 1, page 14). Each county was
assigned to one stratum by meeting the
conditions for that stratum.
The stratum that a county was
assigned depended on answers to
these three questions:
1. Is the county among the Nation’s 75
largest according to 1995 resident
population?
2. In what type of State is the county?
(A State where data collection is generally not costly? One where data collection is generally moderately costly?
One where data collection is generally
very costly?)
3. What is the size of the county’s
1995 resident population?
At the second stage of sampling, a
systematic sample of felons sentenced
for murder/nonnegligent manslaughter,
sexual assault, robbery, aggravated
assault, burglary, felony larceny/motor
vehicle theft, fraud/forgery/embezzlement, drug trafficking, drug possession, weapon offenses, and other
offenses was selected from each
county’s official records. The total
sample numbered 446,682 cases.
12 Felony Sentences in State Courts, 1998

Rates at which cases were sampled
varied by how the data were submitted,
by stratum and by crime type (appendix
table 2, page 14).

from the “other felonies” category and
shown separately in the report’s tables.
Additional details on the sampling are
in the BJS publication Felony
Sentences in State Courts, 1996 (NCJ
173939).
Sampling error

Before the sample of cases was drawn,
each felon sentenced in the sampled
county in 1998 was placed into 1 of the
11 offense categories identified above.
If the felon was convicted of more than
one felony offense, the offense
category was the most serious offense.
The hierarchy from most to least
serious offense was murder, sexual
assault, robbery, aggravated assault,
burglary, drug trafficking, weapons,
forgery/fraud/embezzlement, larceny/
motor vehicle theft, drug possession,
and all other felonies.
The hierarchy was determined from an
analysis of two factors that reflect how
seriously the justice system treats
different offenses: the sentence length
imposed and the time actually served in
prison before release. In general, the
higher the offense is in the hierarchy,
the more serious it is in terms of the
two factors.
Sample selection procedures gave
each sentenced felon a single chance
to be in the sample. However, felons
who appeared in court on more than 1
day for different offenses and received
a sentence at each reappearance had
more than a single chance.
At the data analysis stage, cases were
aggregated according to their offense
designation at the time of sampling,
with the single exception of “other
violent.” “Other violent” is a category
shown in the report’s tables, but it was
not a category at sampling. The “other
violent” category was formed from the
sampling category “other felonies.”
That is, after sampling, sampled cases
designated “other felonies” were coded
“violent,” “nonviolent,” or “not ascertained,” based on data available on
them. Cases coded “not ascertained”
were rare. For data analysis, cases
coded “other violent” were removed

NJRP data were obtained from a
sample and not from a complete
enumeration; consequently, they are
subject to sampling error. A standard
error, which is a measure of sampling
error, is associated with each number
in the report. In general, if the difference between two numbers is at least
twice the standard error of that difference (the criterion used in this report),
there is at least 95% confidence that
the two numbers do in fact differ; that
is, the apparent difference is not simply
the result of surveying a sample rather
than the entire population.
National estimates of the number of
convictions for individual crime categories and for the aggregate total had a
coefficient of variation of 3.8%.
Standard errors for each table in the
report are available on the Internet:
<http://www.ojp.usdoj.gov/bjs/abstract/
fssc98.htm>. Standard errors did not
take into account missing data, which
are sometimes substantial for certain
tables.
Sources of data
State courts were the source of NJRP
data for about 61% of the 344 counties
sampled. For other counties, sources
included statistical agencies, sentencing commissions, department of public
safety, probation departments, state
police departments, and department of
corrections. Individual-level NJRP
records were obtained through a
variety of collection methods, including
electronically (88% of the counties) and
manually (12%).
Electronic methods of data submission
included diskettes, magnetic tape, and
Internet transmission. Manual methods
included photocopies of official
documents, survey questionnaires

Rape/Sexual assault: Rape includes
forcible intercourse (vaginal, anal, or
oral) with a female or male. Includes
forcible sodomy or penetration with a
foreign object (sometimes called
Targeted population
“deviate sexual assault”); excludes
statutory rape or any other nonforcible
The survey targeted and recorded initial sexual acts with a minor or with
someone unable to give legal or factual
sentences imposed in 1998. If a
sentence was imposed on one date
consent. Includes attempts.
and then modified at a later date, the
revision was ignored. The survey
Other sexual assault includes (1) forcible or violent sexual acts not involving
recorded sentences that were actually
executed and excluded suspended
intercourse with an adult or minor, (2)
sentences.
nonforcible sexual acts with a minor
(such as statutory rape or incest with a
Because the year of conviction was not minor), and (3) nonforcible sexual acts
a defining characteristic, some cases in with someone unable to give legal or
the sample were of persons convicted
factual consent because of mental or
before 1998 but not sentenced until
physical defect or intoxication.
1998.
Includes attempts.
completed by court officials, and on-site
collections by Census Bureau staff.
All data were collected by the U.S.
Bureau of the Census.

In the four counties sampled from
Maryland and in two other counties Wood (WI) and Mercer (NJ) - it was
impractical to target sentences in 1998.
Cases sampled from these counties
were all sentenced in 1999.
Note that the 1998 conviction data that
were submitted by two counties - San
Bernardino (CA) and Boulder (CO) - did
not conform to definitional guidelines.
Consequently, the 1996 conviction data
that were submitted by San Bernardino
and Boulder counties for the 1996
survey were used in their place.
Crime definitions
Murder and nonnegligent
manslaughter: Murder is (1) intentionally causing the death of another
person without extreme provocation or
legal justification or (2) causing the
death of another while committing or
attempting to commit another crime.
Nonnegligent (or voluntary) manslaughter is intentionally and without legal
justification causing the death of
another when acting under extreme
provocation. The combined category of
murder and nonnegligent manslaughter
excludes involuntary or negligent
manslaughter, conspiracies to commit
murder, solicitation of murder, and
attempted murder.

Robbery: the unlawful taking of
property that is in the immediate
possession of another, by force or the
threat of force. Includes forcible purse
snatching, but excludes nonforcible
purse snatching, which is classified as
larceny/theft. Includes attempts.
Aggravated assault: (1) intentionally
and without legal justification causing
serious bodily injury, with or without a
deadly weapon or (2) using a deadly or
dangerous weapon to threaten,
attempt, or cause bodily injury, regardless of the degree of injury, if any.
Includes attempted murder, aggravated
battery, felonious assault, and assault
with a deadly weapon.
Other violent: violent offenses
excluded are murder and nonnegligent
manslaughter, rape and sexual assault,
robbery, and aggravated assault.
Includes offenses such as kidnaping,
extortion, and negligent manslaughter.
Includes attempts.
Burglary: the unlawful entry of a fixed
structure used for regular residence,
industry, or business, with or without
the use of force, to commit a felony or
theft. Includes attempts.

stealth, without force or deceit.
Includes pocketpicking, nonforcible
purse snatching, shoplifting, and thefts
from motor vehicles. Excludes receiving and/or reselling stolen property
(fencing), and thefts through fraud or
deceit. Includes attempts.
Motor vehicle theft: the unlawful
taking of a self-propelled road vehicle
owned by another. Includes the theft of
automobiles, trucks, and motorcycles,
but not the theft of boats, aircraft, or
farm equipment (classified as
larceny/theft). Also includes receiving,
possessing, stripping, transporting, and
reselling stolen vehicles, and unauthorized use of a vehicle (joyriding).
Includes attempts.
Fraud, forgery, and embezzlement:
using deceit or intentional misrepresentation to unlawfully deprive a persons of
his or her property or legal rights.
Includes offenses such as check fraud,
confidence game, counterfeiting, and
credit card fraud. Includes attempts.
Drug possession: includes possession of an illegal drug, but excludes
possession with intent to sell. Includes
attempts.
Weapon offenses: the unlawful sale,
distribution, manufacture, alteration,
transportation, possession, or use of a
deadly or dangerous weapon or
accessory.
Other felonies: all felony offenses not
listed above. Includes receiving stolen
property, driving while intoxicated or
other traffic offenses, bribery, obstructing justice, escaping from custody,
family offenses (such as child neglect,
contributing to the delinquency of a
minor, nonpayment of child support),
and nonviolent sexual offenses (such
as pornography offenses, pimping,
prostitution). Includes attempts.

Larceny: the unlawful taking of
property other than a motor vehicle
from the possession of another, by
Felony Sentences in State Courts, 1998 13

Appendix table 1. NJRP first-stage sampling design, 1998

Stratum

Total number
of counties
in stratum

Defining characteristics of each county in this stratum

1 of 75 most populous counties in 1995
0
19
Included with certainty – not sampled

11

Not in stratum 0
In a State with central or automated data
10
1995 population greater than or equal to 880,000

Approximate
sampling rate

Number
of counties
sampled

1 in 1

19

1 in 1

8

12

15

1995 population less than 880,000

1 in 1

11

31

11

In a State without central or automated data

1 in 4

3

In a State without central or automated data
requiring manual coding
1995 population greater than or equal to 1,000,000

1 in 4

2

1 in 6

2

51

8

52

12

1995 population less than 1,000,000

Not 1 of 75 most populous counties in 1995
In a State with central or automated data
111
75
1995 population between 240,001 and 650,000
112

193

113

875

1 in 1

56

1995 population between 68,001 and 240,000

1 in 3

55

1995 population between 1 and 68,000

1 in 15

57

In a State without central or automated data
311

88

1995 population between 115,001 and 650,000

1 in 3

35

312

676

1995 population between 1 and 115,000

1 in 19

36

511

55

In a State without central or automated data
requiring manual coding
1995 population between 210,001 and 650,000

1 in 3

20

512

205

1995 population between 45,001 and 210,000

1 in 10

20

513

901

1995 population between 1 and 45,000

1 in 45

20

Appendix table 2. NJRP second-stage sampling design, 1998
Among counties that do not submit automated data, a minimum of one in every —
Stratum
0
11
12
31
51
52
111
112
113
311
312
511
512
513

Murder
6
5
4
1
1
1
11
4
1
6
1
5
1
1

Sexual
assault
2
2
1
1
1
1
5
2
1
3
1
2
1
1

Robbery
7
6
5
2
2
1
13
5
1
7
1
6
1
1

Aggravated
assault

Burglary

6
5
4
1
1
1
14
5
1
7
1
6
1
1

7
6
5
2
2
1
20
7
1
11
1
10
2
1

Drug
trafficking
15
12
11
4
3
2
34
13
3
18
2
16
4
1

Weapon
offenses
4
3
3
1
1
1
7
2
1
3
1
3
1
1

Fraud
5
4
3
1
1
1
15
6
1
8
1
7
2
1

Drug
Other
Larceny possession offenses
10
8
7
2
2
1
25
9
2
13
1
12
3
1

12
9
9
3
3
2
25
9
2
13
1
12
3
1

*This table pertains to the counties that were unable to provide data electronically. Counties that submitted electronic data had a
different second-stage sampling design. Offenses in those counties were not sampled. In other words, every case was taken in the
counties with automated data.

14 Felony Sentences in State Courts, 1998

10
8
7
2
2
1
32
12
2
17
2
15
4
1

The Bureau of Justice Statistics
is the statistical agency of the
U.S. Department of Justice.
Lawrence A. Greenfeld is
acting director.
BJS Bulletins present the first release
of findings from permanent data
collection programs. This Bulletin
was written by Matthew R. Durose,
David J. Levin, and Patrick A. Langan
of BJS. John Scalia of BJS assisted
with tabulating the Federal data. Lara
Reynolds assisted with verification.
Tom Hester edited the report; Jayne
Robinson prepared it for final printing.

Sample design and selection was
performed by Terri L. Carter under the
supervision of Carma R. Hogue of the
Economic Statistical Methods and
Programming Division of the U.S.
Census Bureau.

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 also available
on the Internet:
<http://www.ojp.usdoj.gov/bjs/>

Data collection and processing was
performed by Victoria Campbell,
Martha Greene, Martha Haselbush,
Henrietta Herrin, Neil MacLean, Patti
Mattson-Hannigan, and Patricia
Torreyson under the supervision of
Latrice Brogsdale-Davis of the
Governments Division of the U.S.
Census Bureau.
October 2001, NCJ 190103

Felony Sentences in State Courts, 1998 15