Felony Sentencing Patterns for Juveniles Convicted in Circuit

Felony Sentencing Patterns for Juveniles Convicted in Circuit Court (FY 2001 -2005) Presented to the Virginia State Crime Commission Richard P. Kern, Ph. D. Virginia Criminal Sentencing Commission

Number of Juvenile Offenders Convicted of a Felony in Circuit Court FY 2001 -2005 Total = 1, 524 400 300 268 334 325 306 2002 2003 2004 291 200 100 0 2001 2005 2

Number of Juvenile Offenders Convicted of a Felony in Circuit Court by Age at Offense FY 2001 -2005 Total = 1, 524 Number of Convictions 1000 858 800 600 410 400 200 0 193 63 14 15 16 17 Age at Offense 3

Juvenile Offenders Convicted of a Felony in Circuit Court by Primary Offense FY 2001 – 2005 Total = 1, 524 Robbery (n=517) 33. 9% Assault (n=194) 12. 7% Drug I/II (n=192) 12. 6% Larceny (n=145) 9. 5% Murder (n=115) 7. 5% Burglary Dwelling (n=93) 6. 1% Rape (n=86) 5. 6% Burglary Other (n=50) 3. 3% Miscellaneous (n=33) 2. 2% Sexual Assault (n=33) 2. 2% Fraud (n=25) 1. 6% Kidnap (n=21) 1. 4% Drug Other (n=12) Traffic (n=8) . 8%. 5% 4

Number of Convicted Juveniles Sentenced to the Department of Juvenile Justice By Primary Offense FY 2001 - 2005 Robbery 100 Rape 25 Assault 16 Murder 12 Burglary Dwelling 10 Larceny 8 Sexual Assault 7 Drug I/II 4 Kidnap 4 Burglary Other 3 Miscellaneous 2 Of these 191 juveniles, 32 received a blended sentences with a median sentence of 37 months in the adult system. 5

Sentencing Guidelines Compliance in Juvenile Conviction Cases and Overall Compliance FY 2001 - 2005 Juveniles Cases (n=1, 524) All Cases (n=115, 396) Aggravation 10% Aggravation 10. 2% Mitigation 11% Mitigation 36. 4% Compliance 53. 5% Compliance 79% 6

Most Frequently Cited Reasons for Sentencing Guidelines Mitigations in Juvenile Conviction Cases FY 2001 -2005 Sentenced to DJJ 10. 9% Age of Offender Cooperative w/Authorities Plea Agreement Alternative Sanction Weak Evidence 5. 9% 2. 6% 2. 3% 1. 9% 1. 6% 7

Most Frequently Cited Reasons for Sentencing Guidelines Aggravation in Juvenile Conviction Cases FY 2001 -2005 Extreme Injury/Endangerment 1. 5% Facts of the Case 1. 4% Excessive Violence 0. 9% No Remorse 0. 7% Plea Agreement 0. 7% 8

Sentencing Guidelines Compliance for Convicted Juveniles by Primary Offense FY 2001 – 2005 100% 80% 9. 7% 9. 4% 22% 23. 4% 3% 18. 3% 14. 3% 12. 9% 24. 3% 28. 6% 31. 4% 8. 5% 6% 3. 5% 44. 7% 52% 58. 1% 14% 40% 48. 5% 48. 4% 60% 40% 68. 3% 67. 2% 60% 57. 4% 57. 1% 55. 7% 20% 0% Larceny 48. 5% 46. 8% 42% Drug I/II Fraud Murder Kidnap Assault Sexual Robbery Burg Assault Other 38. 4% 37. 6% Rape Burglary Dwelling Primary Offense Compliance Mitigation Aggravation 9

Sentencing Guidelines Compliance For Convicted Juveniles by Age FY 2001 – 2005 100% Compliance 75% 58. 8% 50% 61. 3% 56% 46. 2% 25% 0% 14 15 16 Age at Offense 17 Mitigation Aggravation 100% 75% 50% 46. 2% 30. 9% 32. 4% 25% 0% 26. 7% 50% 25% 14 15 16 Age at Offense 17 0% 7. 7% 14 11. 5% 12% 15 16 Age at Offense 17 10. 3% 10

Actual Disposition for Juvenile Offenders Convicted in Circuit Court FY 2001 - 2005 Jail 12. 8% Probation 16. 7% Prison 70. 5% 11

Median Sentence Length for Juvenile Offenders Sentenced to Prison (By Type of Primary Offense) FY 2001 - 2005 Murder 216 months Rape 120 months Robbery Assault 96 months 36 months Burglary/Dwelling 24 months Sex Assault 24 months Drug I/II 18 months Larceny 17 months 12

Selected Findings for Juveniles Convicted in Circuit Court (FY 2001 -2005) § More than two-thirds (69%) of robbery cases involved a real or simulated firearm. § About 37% of the murder/manslaughter cases resulted in conviction for first-degree murder, while 34% ended in conviction for murder in the second-degree. § Nearly two-thirds (65%) of rape, forcible sodomy and object sexual penetration cases involved a victim under the age of 13 at the time of the offense. § Malicious wounding and aggravated malicious wounding convictions made up half (50%) of assault cases. § Of Schedule I/II drug cases, most (68%) were based on charges of distribution, sale, or possession with intent to sell such a drug. 13

Selected Sentencing Guidelines Compliance Findings For Convicted Juveniles (FY 2001 -2005) § Judges were most likely to sentence below the guidelines in cases involving rape, forcible sodomy and object sexual penetration. • § Mitigation rates were also high in burglary and robbery cases. • § § 58% of these cases resulted in sentences below the guidelines. 48% of burglary and 45% of robbery cases resulted in sentences below the guidelines. Judges were most likely to comply with the guidelines in drug and larceny cases. • Sentences in 67% of Schedule I/II drug cases and 68% of larceny cases were within the guidelines. • Sentences fell below the guidelines in approximately 22%-23% of these cases. Judges were most likely to sentence above the guidelines in involuntary manslaughter cases. 14

Age Distribution of Robbery Arrests in Virginia, 2005 Peak Age: 18 Source: Virginia Criminal Sentencing Commission analysis of data from Virginia Department of State Police Crime in Virginia reports 15