NCJ Number
205691
Date Published
May 2004
Length
33 pages
Annotation
This research report analyzed recidivism risk for three proposed first offender groupings with the Federal Sentencing Guideline’s Criminal History Category I (CHC I).
Abstract
Federal sentencing guidelines encourage lower sentences for offenders who have little or no prior criminal convictions. Under the guidelines, offenders with the least number of prior criminal convictions are classified as CHC I, which is defined as the “first offenders” category. However, the CHC I classification also applies to offenders who have been previously convicted of an offense that earned only one criminal point. This research report is a first step toward a possible revision of the CHC I classification; the goal of the report is to identify the criteria defining a low culpability and low recidivism first offender classification. Data were extrapolated from the Sentencing Commission’s 2003 recidivism project, which contained information on offenders’ prior criminal histories (arrests and convictions), characteristics of the instant offense, demographic data, and subsequent re-offending. Data were also taken from previous working groups’ data file which contained information about 6,062 offenders sentenced during fiscal year 1992, including number of offenders in CHC I, number of criminal history points, number of prior convictions, and types of prior convictions. The three Federal first offender groups proposed by previous first offender working groups are reviewed; they include a no prior arrests group, a no prior convictions group, and a minor prior conviction only group. Following a description of the characteristics of the proposed first offender groups, the recidivism rates for the proposed first offender groups are analyzed. Results indicate that the no prior arrests group had the lowest recidivism rate (6.8 percent), while the only minor prior conviction group had the second lowest recidivism rate (8.8 percent). The no prior convictions group had a recidivism rate of 17.2 percent, indicating that the absence of prior convictions may be due to prosecutorial declinations, arrests that were pending prosecution at the time of sentencing for the instant offense, or arrests on warrants. Thus, offenders who have never been arrested before the instant offense have the lowest recidivism and culpability risk. Various policy issues are raised regarding a revision of the Federal Sentencing Guidelines’ CHC I classification, such as the acceptability of using arrest data and the accuracy of prior criminal history information sources. References, exhibits