Observations
As to a second chance for prisoners, about 7 in 8 had more than one prior arrest charge, and a majority had at least five. Fifty-eight percent of felony defendants had at least one prior conviction. Forty percent of felony convictions result in a sentence to prison.
“You’re asking for a second chance for those in prison, but how many chances did they have before getting there?”
Author
Leonard Adam Sipes, Jr.
Retired federal senior spokesperson. Thirty-five years of public relations for national and state criminal justice agencies. Interviewed multiple times by every national news outlet. Former Senior Specialist for Crime Prevention for the Department of Justice’s clearinghouse. Former Director of Information Services, National Crime Prevention Council. Former Adjunct Associate Professor of criminology and public affairs-University of Maryland, University College. Certificate of Advanced Study-Johns Hopkins University.
Editors Note
The data below is from a Bureau of Justice Statistics (US Department of Justice) document titled, “Felony Defendants in Large Urban Counties,” unless otherwise noted (link below).
Article
Part of the discussion as to alternatives to incarceration and treatment efforts comes under the label of offering a “second chance” for offenders.
Part of the problem in convincing Americans that there are valid reasons for sentencing reform and rehabilitation is the disingenuous nature of the term. After thirty-five years of speaking for national and state criminal justice agencies, the most common citizen question was the backgrounds offenders.
“You’re asking for a second chance for those in prison, but how many chances did they have before getting there,” was a fairly common inquiry.
Most crime is not reported (per the Bureau of Justice Statistics) and two in five reported crimes end in an arrest, Crime in America. Prosecutors routinely drop twenty percent of cases and it’s much higher in some jurisdictions, Crime in America.
And then there are plea bargains in 94 percent of cases to accept guilty pleas in return for lesser charges and shorter sentences.
Sixty-four percent of the defendants whose cases were adjudicated (within 1 year of arrest) were convicted. A majority of these convictions were for a felony, with 52% of defendants eventually convicted of a felony. Defendants originally charged with a violent offense (56%) were less likely to eventually be convicted of a felony or a misdemeanor.
Beyond that, there is the realization that only forty percent of felony convictions went to prison. An additional 33 percent had short sentences to local jails.
Second Chance Month
“President Trump declared April as “Second Chance Month.” In an order signed on Friday, he said that the U.S. this month should emphasize “the need to prevent crime on our streets, to respect the rule of law by prosecuting individuals who break the law, and to provide opportunities for people with criminal records to earn an honest second chance.” He asserted that helping ex-prisoners “is a critical element of criminal justice that can reduce our crime rates and prison populations, decrease burdens to the American taxpayer, and make America safer.”
The president cited U.S. Bureau of Justice Statistics data saying that about 650,000 people each year are released from prison. “Unfortunately, two-thirds of these individuals are re-arrested within 3 years of their release. We must do more ‑‑ and use all the tools at our disposal ‑‑ to break this vicious cycle of crime and diminish the rate of recidivism.” Trump says that “for the millions of American citizens with criminal records, the keys to successful re-entry are becoming employable and securing employment. Beyond the income earned from a steady paycheck, gainful employment teaches responsibility and commitment and affirms human dignity.” He notes that he mentioned the problem in his 2018 State of the Union Address and signed an executive 0rder to reinvigorate the “Federal Interagency Council on Crime Prevention and Improving Reentry” that was created by President Obama,” Democrat and Chronical.
President Trump is just one in a long line of people over the course of decades to suggest that society needs to provide a second chance at redemption for prison inmates.
Answering the Question
So let’s answer the most common question of citizens about those in prison; what is their criminal background? How many arrests, convictions, and incarcerations? Note that we exclude juvenile arrests for this analysis.
We’ve already stated that forty percent of felony convictions went to prison.
Active Status
At the time of arrest, 35% of defendants had an active criminal justice status such as probation (14%), release pending disposition of a prior case (13%), or parole (6%). Burglary defendants (44%) were the most likely to have had a criminal justice status when arrested, followed by drug trafficking, robbery, and motor vehicle theft defendants, at 39% each.
Prior Arrests
Seventy-four percent of all defendants had at least one prior felony or misdemeanor arrest. Among defendants charged with a violent offense, robbery (73%) and assault (72%) defendants were more likely to have an arrest record than those charged with murder (67%) or rape (58%).
Among property defendants, those charged with burglary (82%) or motor vehicle theft (78%) were the most likely to have been arrested previously, followed by those charged with larceny/theft (72%) or forgery (69%).
Among defendants with an arrest record, about 7 in 8 had more than one prior arrest charge, and a majority had at least five. Overall, 65% of defendants had two or more prior arrest charges, and 45% had five or more.
Among defendants with an arrest record, about 4 in 5 had been arrested at least once for a felony. Overall, three-fifths of defendants had a felony arrest record.
Nearly half of all defendants had multiple prior felony arrest charges, including 25% with five or more.More than half of the defendants facing a current charge for a violent felony had been previously arrested for a felony, including 64% of robbery defendants and 60% of murder defendants.
Thirty-one percent of robbery defendants had 5 or more prior felony arrest charges, including 16% with 10 or more. Sixty percent of property defendants had one or more prior felony arrests. More than two-thirds of those currently charged with burglary (70%) or motor vehicle theft (69%) had a prior felony arrest record. Fifteen percent of burglary defendants and 14% of motor vehicle theft defendants had 10 or more prior felony arrest charges.
Chart of Prior Arrests
Prior Convictions
Fifty-eight percent of felony defendants in the 75 largest counties had at least one prior conviction for a misdemeanor or a felony.
More than three-fourths of those with a conviction record, accounting for 45% of defendants overall, had more than one prior conviction.
Twenty-two percent of all defendants had five or more prior convictions.
Among defendants charged with a violent offense, 52% had at least one prior conviction. Assault (54%) and robbery (53%) defendants were more likely to have a conviction record than other defendants charged with a violent offense (47%).
Fifty-five percent of property defendants had been convicted previously, including 65% of burglary defendants. Fifty percent of burglary defendants had multiple prior convictions, including 30% with five or more. Sixty-two percent of drug defendants had at least one prior conviction. About half (48%) had two or more, and about a fourth (23%) had at least five.
More than two-thirds of the defendants with a conviction record, 40% of defendants overall, had at least one prior conviction for a felony. Thirty-three percent of defendants whose current charge was for a violent felony had previously been convicted of a felony. Among these defendants, the percentage with a prior felony conviction ranged from 40% among those charged with robbery to 26% of those charged with rape.
Thirty-nine percent of property defendants had a felony conviction record, including nearly half of those charged with motor vehicle theft (48%) or burglary (47%).
A majority of the defendants with a felony conviction record, 25% of defendants overall, had multiple prior felony convictions. Six percent of all defendants had five or more prior felony convictions. By specific offense, defendants charged with burglary (30%) or motor vehicle theft (29%) were the most likely to have multiple prior felony convictions. Eleven percent of burglary defendants had five or more such convictions. Defendants charged with fraud (11%) were the least likely to have more than one prior felony conviction.
Chart of Prior Convictions
Conclusions
It’s not my purpose to discourage sentencing reform and rehabilitation efforts; I support both. It’s in our best interest to assist people coming out of prison and to make sure that those truly deserving incarcerations get there. Not everyone has to go to prison and not all sentences have to be long.
I’m simply suggesting to those advocating for alternatives to incarceration that they do not use the term, “second chances.”
The American public understands that offenders get prison because they have done something terribly wrong (54 percent are currently in for violent crimes per the Bureau of Justice Statistics) or have a long history of previous arrests and convictions.
If you start the discussion via a disingenuous statement, people will either be confused or put off or angry that you’re not being honest.
There is nothing wrong with honesty. The American public can handle it. If advocates want public support, starting the conversation with a “second chance” statement derails the process.
Source
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I don’t believe that the term Second Chance is a disingenuous description for someone coming out of prison. Let’s be honest, some deserve a second chance or another chance and some don’t, such as those with violent histories and multiple violent convictions. If by law, they cannot remain in prison any longer, they will return to society. I too believe it’s more important to focus on what to do with the releasee when they come out. They are considered ex-felons if they have been incarcerated for a felony conviction and need to show through their actions and attitude that they are worthy to remain in society. Prevention is key…..starting with young school children and their families. Communities creating resources and services to address problems and having trained professionals to help them work through situations. Trained and skilled Police Officers are also needed in the community along with funding for probation officers and court programs to monitor a variety of persons coming out of prison into the community. When someone is released from prison, they typically have a period of supervision. In the federal system, each person is assessed with various supervision tools and are required to follow the Court’s order and special conditions. If they truly want a second chance, they will abide by those conditions, and show through their actions that they are capable and willing to cooperate. If a person on supervision does well under monitoring, there is an early termination process they can request. Upon their release from supervision, they are also eligible to apply for restoration of their civil rights. This is an actual process, that if eligible, can allow one to vote, and return to society as a renewed citizen and is very empowering and motivating. These processes are often supported by the Courts. Early terminations and restoration of rights are investigated, are not recommended without careful determination and are not automatic. They must be sought out and earned. This is a good thing, so those that have been convicted can show their desire to start fresh and show they are committed to change. “To err is human, to forgive is devine,” but one must remain committed to new, learned behavior through various channels (treatment, therapy, education) and not repeat unlawful behavior. Law enforcement has a huge job. New solutions are required and change is inevitable in a system that works so closely with people. It is important to get involved, volunteer, donate money and continue to educate the public. Ideas and implementing those ideas for releasee’s are more important than the terminology used to define them.
Carolyn Nulf, USPO
Hi Carolyn: That was a wonderful and thoughtful response, but I’m not quite sure I said anything in the article that disagrees with your premise.
I’m all for additional chances, I just believe that it hurts our cause to suggest that this is a “second chance.”
Best, Len.