Legal Paradox: Most Felony CONVICTIONS Don't Result In Prison Sentences

[Delta4Embassy]

You read that right, most felony convictions don't result in prison time. Must-read article here about this 'paradox' (as article mentions.)

Crime Statistics: No Prison Sentences for Most Felony Convictions

"Most felony convictions do not end up in prison...Charges are reduced for most defendants to induce guilty pleas. It’s pure observation on our part but our belief that most offenders are charged with multiple but related crimes, thus a large number of charges are dropped to induce plea bargaining.

Life sentences are very rare.

Statistic: Life sentences accounted for less than 1% (0.3%) of the 1.1 million felony sentences in state courts during 2006."

lots more at link.

 

[DGS49]

so....you are saying we need more people in prison?

 

[Lonestar_logic]

You read that right, most felony convictions don't result in prison time. Must-read article here about this 'paradox' (as article mentions.)

Crime Statistics: No Prison Sentences for Most Felony Convictions

"Most felony convictions do not end up in prison...Charges are reduced for most defendants to induce guilty pleas. It’s pure observation on our part but our belief that most offenders are charged with multiple but related crimes, thus a large number of charges are dropped to induce plea bargaining.

Life sentences are very rare.

Statistic: Life sentences accounted for less than 1% (0.3%) of the 1.1 million felony sentences in state courts during 2006."

lots more at link.

If charges are reduced then they are not convicted of felonies, they are convicted of a lesser offense.

Seems you have a problem understanding.

 

[Delta4Embassy]

Seems you have a problem reading. Where quotations begin I'm not the one writing any more.

 

[sameech]

You read that right, most felony convictions don't result in prison time. Must-read article here about this 'paradox' (as article mentions.)

Crime Statistics: No Prison Sentences for Most Felony Convictions

"Most felony convictions do not end up in prison...Charges are reduced for most defendants to induce guilty pleas. It’s pure observation on our part but our belief that most offenders are charged with multiple but related crimes, thus a large number of charges are dropped to induce plea bargaining.

Life sentences are very rare.

Statistic: Life sentences accounted for less than 1% (0.3%) of the 1.1 million felony sentences in state courts during 2006."

lots more at link.

If charges are reduced then they are not convicted of felonies, they are convicted of a lesser offense.

Seems you have a problem understanding.

Not necessarily. I felony could be reduced to a lessor felony to avoid mandatory minimums or just more favorable treatment under the sentencing guidelines. I was once a witness in a case where the defendant plea bargained for a more serious charge in exchange for his guilty plea because there wasn't a less serious one in the felony range and he did not want to admit to mugging an old woman. I forgot what the step up charge was--maybe aggravated assault instead of robbery. I remember there was a lot of back and forth about it and them having to ask the judge if he would allow them to do that because nobody had ever seen it done before. I just happened to have been in the interview room with the prosecutor when the defense lawyer came in to offer the deal.

 

[Mad_Cabbie]

Police and persons filing criminal complaints often go for bargaining power by trumping up what occurred in order to plea bargain latter on.

Moreover a lot of complaints are flat out bogus.

Even convictions are often times won because people just want to get on with their lives and don't have the money or time to pursue an acquittal.

Who wants to take a chance on 30 years in the state pen??

If you can plea to a misdemeanor and serve no time, who would not take the bait?

Of course, that often backfires when you accidentally violate parole.

Ah, the incredibly misguided judicial system of the US of A!!!

May you never be arrested while poor!

 

[sameech]

Police and persons filing criminal complaints often go for bargaining power by trumping up what occurred in order to plea bargain latter on.

Moreover a lot of complaints are flat out bogus.

Even convictions are often times won because people just want to get on with their lives and don't have the money or time to pursue an acquittal.

Who wants to take a chance on 30 years in the state pen??

If you can plea to a misdemeanor and serve no time, who would not take the bait?

Of course, that often backfires when you accidentally violate parole.

Ah, the incredibly misguided judicial system of the US of A!!!

May you never be arrested while poor!

The legal system is reflective of society and many of the complaints are revealing of societal hypocrisy. There are poor people who have nothing better to do with their days than be up in other people's faces and swearing out warrants against each other. There are some people who practically have assigned seating in the lower courts they are there so often for swearing or threatening each other. A buddy who did court-appointed indigent defense told me he had a few people basically permanently assigned to him because as soon as one trial was over, the same groups would start swearing out warrants against each other again and again and again.

 

[whitehall]

If a felony is plea bargained and reduced to a misdemeanor it makes it a felony arrest but a misdemeanor conviction. Why specify felonies? You can get a year for smoking on the subway in NY or illegally serving a big gulp soft drink. There are a million laws on the books and hundreds of new laws created every year. Does anybody want these people doing a year in prison? Most criminal convictions result in little or no jail time or time served or a fine and/or probation. It's no secret.

 

[Lonestar_logic]

You read that right, most felony convictions don't result in prison time. Must-read article here about this 'paradox' (as article mentions.)

Crime Statistics: No Prison Sentences for Most Felony Convictions

"Most felony convictions do not end up in prison...Charges are reduced for most defendants to induce guilty pleas. It’s pure observation on our part but our belief that most offenders are charged with multiple but related crimes, thus a large number of charges are dropped to induce plea bargaining.

Life sentences are very rare.

Statistic: Life sentences accounted for less than 1% (0.3%) of the 1.1 million felony sentences in state courts during 2006."

lots more at link.

If charges are reduced then they are not convicted of felonies, they are convicted of a lesser offense.

Seems you have a problem understanding.

Not necessarily. I felony could be reduced to a lessor felony to avoid mandatory minimums or just more favorable treatment under the sentencing guidelines. I was once a witness in a case where the defendant plea bargained for a more serious charge in exchange for his guilty plea because there wasn't a less serious one in the felony range and he did not want to admit to mugging an old woman. I forgot what the step up charge was--maybe aggravated assault instead of robbery. I remember there was a lot of back and forth about it and them having to ask the judge if he would allow them to do that because nobody had ever seen it done before. I just happened to have been in the interview room with the prosecutor when the defense lawyer came in to offer the deal.

In the case you were involved in, did the defendant go to prison? If so, then it has no bearing on the OP's point or mine.

New York State Sentencing Guide

Missouri Sentencing Laws


Show the law in any state that does not require prison time for a felony conviction, then I will be convinced the OP is correct.

 

[sameech]

If charges are reduced then they are not convicted of felonies, they are convicted of a lesser offense.

Seems you have a problem understanding.

Not necessarily. I felony could be reduced to a lessor felony to avoid mandatory minimums or just more favorable treatment under the sentencing guidelines. I was once a witness in a case where the defendant plea bargained for a more serious charge in exchange for his guilty plea because there wasn't a less serious one in the felony range and he did not want to admit to mugging an old woman. I forgot what the step up charge was--maybe aggravated assault instead of robbery. I remember there was a lot of back and forth about it and them having to ask the judge if he would allow them to do that because nobody had ever seen it done before. I just happened to have been in the interview room with the prosecutor when the defense lawyer came in to offer the deal.

In the case you were involved in, did the defendant go to prison? If so, then it has no bearing on the OP's point or mine.

New York State Sentencing Guide

Missouri Sentencing Laws


Show the law in any state that does not require prison time for a felony conviction, then I will be convinced the OP is correct.

You should read your own links instead of demanding proof from others. There is no mandatory sentence for some of the felonies in your New York link. It took me all of 30 seconds to see that.

 

[rightwinger]

We have a larger prison population than anywhere in the world. It is about time we got some sensible sentencing guidelines

 

[Delta4Embassy]

If charges are reduced then they are not convicted of felonies, they are convicted of a lesser offense.

Seems you have a problem understanding.

Not necessarily. I felony could be reduced to a lessor felony to avoid mandatory minimums or just more favorable treatment under the sentencing guidelines. I was once a witness in a case where the defendant plea bargained for a more serious charge in exchange for his guilty plea because there wasn't a less serious one in the felony range and he did not want to admit to mugging an old woman. I forgot what the step up charge was--maybe aggravated assault instead of robbery. I remember there was a lot of back and forth about it and them having to ask the judge if he would allow them to do that because nobody had ever seen it done before. I just happened to have been in the interview room with the prosecutor when the defense lawyer came in to offer the deal.

In the case you were involved in, did the defendant go to prison? If so, then it has no bearing on the OP's point or mine.

New York State Sentencing Guide

Missouri Sentencing Laws


Show the law in any state that does not require prison time for a felony conviction, then I will be convinced the OP is correct.

Gotta love the way he glosses over the fact he totally misunderstood the OP. It's an article citing both facts and speculation. Maybe you should read things more carefully instead of assuming. Assumption is the mother of all folly.

 

[Wry Catcher]

Police and persons filing criminal complaints often go for bargaining power by trumping up what occurred in order to plea bargain latter on.

Moreover a lot of complaints are flat out bogus.

Even convictions are often times won because people just want to get on with their lives and don't have the money or time to pursue an acquittal.

Who wants to take a chance on 30 years in the state pen??

If you can plea to a misdemeanor and serve no time, who would not take the bait?

Of course, that often backfires when you accidentally violate parole.

Ah, the incredibly misguided judicial system of the US of A!!!

May you never be arrested while poor!

A complaint is an accusatory instrument and serves as a basis for the commencement of a criminal action, but not as a basis for prosecution. The felony complaint can start the case, but can't finish it. For that, it must be replaced by an indictment or superior court information. An indictment replaces the preliminary hearing where a finding to hold the defendant to answer may also occur.

When held to answer, the defendant is bound over for trial, for probable cause was established either by the preliminary hearing (and thus an information is the accusatory instrument (AI)) or by a Grand Jury (and thus an indictment is the AI).

My point being probable cause to file the felony exists via the evidence presesnted before a trial to the trier of fact, reducing the likelihood of the prosecution "trumping up what occurred in order to plea bargain latter on."

Police agencies can't over charge. They provide an affidavit to the prosecutor along with a police report alleging a crime. The prosecutor files the complaint based on this evidence and the evidence obtained by the prosecuting office own investigator when further information is necessary.

 

[Wry Catcher]

If charges are reduced then they are not convicted of felonies, they are convicted of a lesser offense.

Seems you have a problem understanding.

Not necessarily. I felony could be reduced to a lessor felony to avoid mandatory minimums or just more favorable treatment under the sentencing guidelines. I was once a witness in a case where the defendant plea bargained for a more serious charge in exchange for his guilty plea because there wasn't a less serious one in the felony range and he did not want to admit to mugging an old woman. I forgot what the step up charge was--maybe aggravated assault instead of robbery. I remember there was a lot of back and forth about it and them having to ask the judge if he would allow them to do that because nobody had ever seen it done before. I just happened to have been in the interview room with the prosecutor when the defense lawyer came in to offer the deal.

In the case you were involved in, did the defendant go to prison? If so, then it has no bearing on the OP's point or mine.

New York State Sentencing Guide

Missouri Sentencing Laws


Show the law in any state that does not require prison time for a felony conviction, then I will be convinced the OP is correct.

A felony conviction does not necessarily end in a prison commitment, at least in California. There are crimes wherein probation is denied, but the judge has sentencing discretion in most non violent felonies. Most non violent felonies are "wobblers", that is, they can be filed as a felony or a misdemeanor.

When convicted and placed on probation for a felony, the matter can be reduced (Sec. 17 of the Penal Code) to a misdemeanor, if the offender successfully completes probation (usually 3 to 5 years). At any time during the probationary period the offender can be sentenced to prison.

However, in cases wherein an offender is found guilty of a felony, and is placed on State Prison Suspended Probation, the matter will always remain on the record as a felony.

 

[Wry Catcher]

We have a larger prison population than anywhere in the world. It is about time we got some sensible sentencing guidelines

The sensible guideline is to have the probation dept. complete a thorough pre-sentence investigation and for the judge who heard the case the time to read the report and then use his or her discretion in sentencing.

The legislature has taken over the roll of the judge by making many sentences manditory, and then not funding probation (and parole agencies), the courts and the dept. of corrections. Methinks the Congress and the various legislatures around the state are populated by kooks solely concerned with their reelection.