NCJ Number
104492
Date Published
1987
Length
11 pages
Annotation
The study attempted to discover whether there are systematic differences in the treatment afforded persons with prior felony convictions who are not covered by the mandatory specification of predicate felon treatment under New York State law.
Abstract
Data for 64,498 case dispositions for felony convictions in 1984 and 1985 were examined in terms of felon status (first, sequential, and predicate) and treatment. Treatment measures included changes in charge seriousness between arrest and conviction, sentence sanction, and length of sentence. Results show that across all felony conviction classes, twice as many sequential, as opposed to first felons, received prison sentences. There was a general upgrading in sanctions for sequential felons, with some sentences that typically would have been probation for a first felon becoming a jail sentence, and jail sentences becoming prison sentences. For more serious crime classes, the average length of sentences for sequential felons were somewhat longer than for first felons. The length of the average minimum sentence was consistently longer for predicate felons than for either first or sequential felons. Results suggest that sequential felony offenders may find themselves being afforded de facto predicate felony treatment at the disposition of the second felony offense. Relevant State penal law is appended. 3 tables.