NCJ Number
46953
Date Published
1978
Length
89 pages
Annotation
THIS STUDY, PART OF A LARGER EFFORT ON PLEA NEGOTIATIONS, EMPIRICALLY DESCRIBES TYPES AND LENGTHS OF FELONY SENTENCING PRACTICES THROUGHOUT MINNESOTA.
Abstract
THE REPORT IS BASED ON A 1975 RANDOM SAMPLE OF 1,309 CASES OUT OF A TOTAL OF 7,453 DISPOSITIONS BETWEEN MAY AND SEPTEMBER IN MINNESOTA'S DISTRICT COURTS. THE PERCENTAGE OF TOTAL DISPOSITIONS THAT EACH DISTRICT REPRESENTS WAS THEN DETERMINED, AND TWO COUNTIES WERE RANDOMLY SELECTED FROM THE DISTRICTS. BECAUSE THE BACKGROUND CHARACTERISTICS AND TREATMENT OF MALE AND FEMALE DEFENDANTS VARY SIGNIFICANTLY, THEY RECEIVE SEPARATE TREATMENT IN THE REPORT. AFTER AN INTRODUCTORY DISCUSSION OF CONVICTION RATES, THE TYPES OF SENTENCES ARE PRESENTED ALONG WITH A DISCUSSION OF STAYED SENTENCES AND SENTENCE CONDITIONS. THE AVERAGE LENGTHS OF JAIL AND PRISON SENTENCES ARE DISCUSSED WHERE THE NUMBER OF PEOPLE CONVICTED OF THE SAME OFFENSE WAS LARGE ENOUGH FOR MEANINGFUL ANALYSIS. CASES INVOLVING THE USE OF FIREARMS ARE DISCUSSED ONLY IN RELATION TO MALE DEFENDANTS, SINCE ONLY TWO WOMEN IN THE SAMPLE WERE GUILTY OF THAT OFFENSE. INFORMATION ABOUT THE PRIOR CONVICTION RECORDS OF DEFENDANTS IS PRESENTED FOR BOTH MALE AND FEMALE DEFENDANTS. THIS PRELIMINARY ANALYSIS OF THE SAMPLE DATA CONCLUDES THAT APPROXIMATELY 90 PERCENT OF THE DEFENDANTS ARRAIGNED IN DISTRICT COURTS ON FELONY AND GROSS MISDEMEANOR CHARGES ARE CONVICTED. EIGHT PERCENT OF THE CASES GO TO TRIAL, WHILE THE REMAINING CASES ARE SETTLED BY GUILTY PLEAS. CASES INVOLVING LESS SERIOUS CRIME (AS INDICATED BY MAXIMUM STATUTORY PENALTY) ARE MORE LIKELY TO BE SETTLED BY GUILTY PLEA THAN CASES INVOLVING MORE SERIOUS CRIME. CONVICTED MALES RECEIVE SENTENCES REQUIRING INCARCERATION IN ROUGHLY 50 PERCENT OF THE CASES. OF THESE, THE MAJORITY GET JAIL TIME ONLY, AND 20 PERCENT OF ALL MEN CONVICTED ARE SENTENCED TO PRISON. ONLY 19 PERCENT OF WOMEN ARE INCARCERATED, WITH ABOUT 50 PERCENT GOING TO PRISON AND THE REST TO JAIL ONLY, WHILE 81 PERCENT OF CONVICTED FEMALES SERVE NO TIME AT ALL. THOSE MEN AND WOMEN WITH PRIOR ADULT RECORDS ARE INCARCERATED MORE OFTEN THAN THOSE WITH NO RECORDS. THE AVERAGE LENGTH OF SENTENCE IS LESS THAN THE MAXIMUM ALLOWABLE. DEFENDENTS ARRAINGED IN DISTRICT COURT ARE CONVICTED IN 9 OUT OF 10 CASES, INDICATING THAT THESE COURTS ARE NOT ONLY EXPEDIENT IN DISPOSITIONS OF CASES BUT THAT A HIGH PROBABILITY OF CONVICTION EXISTS. ROUGHLY HALF OF THE CONVICTED MALES SERVE SOME INCARCERATION TIME. PERSONS CHARGED WITH AND CONVICTED OF A FELONY INVOLVING A FIREARM RECEIVE MANDATORY SENTENCES, AND ALTHOUGH THEY ARE NO MORE LIKELY TO BE CONVICTED THAN PEOPLE CHARGED WITH SIMILAR CRIMES WITHOUT GUNS, THE GUN CASES HAVE A HIGHER RATE OF PLEA BARGAINING AND ARE MORE LIKELY TO DRAW PRISON SENTENCES. (DJM)