NCJ Number
56432
Date Published
1976
Length
89 pages
Annotation
A LARGE QUANTITY OF DATA WAS COLLECTED FROM THE FILES OF MINNESOTA DISTRICT COURTS AND COUNTY ATTORNEYS TO STUDY THE EXTENT OF PLEA NEGOTIATION, THE TYPES OF OFFENSES GOING TO TRIAL, AND THE LENGTHS OF SENTENCES IMPOSED.
Abstract
COMPLETE INFORMATION WAS AVAILABLE FOR 7,453 FELONY CASES HANDLED BY THE STATE OF MINNESOTA'S JUDICIAL DISTRICTS DURING 1975. A SAMPLE OF 1,252 CASES WAS RANDOMLY DRAWN FOR DETAILED ANALYSIS. ABOUT 90 PERCENT OF THE DEFENDANTS ARRAIGNED IN DISTRICT COURT ON FELONY OR GROSS MISDEMEANOR CHARGES WERE CONVICTED; 8 PERCENT OF THESE CASES WENT TO TRIAL AND THE REST WERE SETTLED BY A GUILTY PLEA. GUILTY PLEAS ACCOUNTED FOR 83 PERCENT OF THE MALE OFFENDER CASES, 82 PERCENT OF THE FEMALE OFFENDER CASES. THE MORE SERIOUS CRIMES HAD THE LOWEST RATE OF CONVICTION FOR MALES (85 PERCENT). A SIGNIFICANT DIFFERENCE WAS NOTED IN CRIMES COMMITTED BY MALES AND FEMALES. FOR MALES PROPERTY CRIMES ACCOUNTED FOR 54.2 PERCENT OF CHARGES, CRIMES AGAINST PERSONS 24 PERCENT, DRUG OFFENSES, 19.9 PERCENT, AND OTHERS 1.9 PERCENT. FOR FEMALES, 72.4 PERCENT OF THE CHARGES WERE PROPERTY CRIMES, 21.6 PERCENT DRUG CRIMES, 4.4 PERCENT CRIMES AGAINST PERSONS, AND 1.5 PERCENT OTHER. MOST OF THE SENTENCING DIFFERENCES BETWEEN MEN AND WOMEN CAN BE EXPLAINED BY THE DIFFERENCE IN TYPE OF CRIME. OF CONVICTED MALES, 50 PERCENT SERVED NO TIME, 29 PERCENT SOME JAIL TIME, AND 21 PERCENT WERE SENTENCED TO PRISON. FOR FEMALES THE FIGURES WERE 81 PERCENT, 10 PERCENT AND 9 PERCENT RESPECTIVELY. MOST SENTENCING VARIATIONS WERE DUE TO THE SERIOUSNESS OF THE CRIME OR THE CRIMINAL HISTORY OF THE DEFENDENT. SPECIAL ATTENTION WAS PAID TO CRIMES INVOLVING FIREARMS BECAUSE MINNESOTA HAS MANDATORY SENTENCING LAW FOR SUCH ACTS. PERSONS WHO USED GUNS WERE NO MORE LIKELY TO BE CONVICTED THAN THOSE WHO DID NOT. HOWEVER, IF THE GUN CHARGE WAS RETAINED UNTIL SENTENCING, THEY WERE MORE LIKELY TO BE SENT TO PRISON THAN THOSE WHOSE FIREARMS CHARGES WERE DROPPED. STUDY DATA AND CRIME STATISTICS SUPPORT THE FINDINGS. (GLR)