Federal Criminal Filings and Postconviction Supervision

Federal ProbationVol. 73 Nbr. 3, December 2009

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Summary


Hiring Freeze From 1993 to 1995, the Department of Justice imposed a hiring freeze that affected assistant U.S. Attorney positions (AUSA), as well as other law enforcement positions in the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), Customs, and the Immigration and Naturalization Service (INS).13 This freeze led to fewer prosecutions and, ultimately, to fewer offenders being sentenced to prison.14 The decrease occurred in the number of defendants sentenced to prison for all of the offenses examined in this paper except those involving immigration, fraud, and traffic offenses. [...] half of those offenders sentenced to prison will enter postconviction supervision by the third year after sentencing.

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Extract


Federal Criminal Filings and Postconviction Supervision

THE FEDERAL JUDICIARY'S request to Congress for resources for postconviction supervision of offenders is based on forecasts generated by the Statistics Division of the Administrative Office of the U.S. Courts (AO). These forecasts, in turn, are aided by an understanding of the population dynamics of those under postconviction supervision.1 Because criminal defendants convicted in federal courts constitute the population in postconviction supervision, a straightforward causal model implies that increases or decreases in criminal defendants sentenced to federal prison will produce, with a suitable lag, corresponding changes in the numbers of persons entering me system. In reality, this relationship is more complicated, being affected by factors that, from 1997 to 1999, resulted in a widening convicted-to-received for supervision gap, a separation that has persisted to the present.

This paper examines the relationship between the number of persons sentenced to federal prison and the number received into postconviction supervision. In this study, we hope to explain past deviations from a simple causal model of the defendant-tosupervised-release process and, by gaining a better understa...

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