The length of a prison sentence handed down by a judge often does not accurately reflect how much time an offender will actually serve behind bars. There are a variety of factors that determine how much of a sentence a prisoner will complete before being released. In this comprehensive article, we will analyze key data and information around prison sentencing and time served.
Sentencing Statistics and Trends
According to the Bureau of Justice Statistics, the average prison sentence handed down in state courts in 2016 was 4 years. However, less than half of that sentence length was actually served. Some key stats:
- The average time served for all inmates released in 2016 was 2.6 years
- Violent offenders released in 2016 served an average of 4.3 years in prison
- Drug offenders released in 2016 served an average of 2 years
Length of time served varies significantly by state as well. For example:
- In Louisiana, offenders released in 2016 served an average of 4.3 years
- In Michigan, offenders released in 2016 served an average of 1.7 years
Some experts argue that shorter time served undermines truth in sentencing laws, which aim to make the pronounced sentence align closely with actual time offenders stay incarcerated. Others counter that rehabilitative opportunities like parole provide incentives for good behavior and the ability to monitor and support prisoner re-entry.
Factors That Reduce Time Served
There are several key factors that lead to prisoners serving shorter sentences than the initial judgment:
Parole
Parole allows a prisoner who meets certain criteria to be released before their full sentence term, serving the remainder under community supervision. According to research by the Urban Institute, over three-quarters of ex-prisoners are released through parole or mandatory conditional release.
Parole provides incentives for prisoners to participate in programming and demonstrate their rehabilitation. Critics argue parole boards lack accountability and put dangerous individuals back in the community.
Good Behavior
Most prisons have policies to reduce sentences slightly for inmates who follow facility rules and avoid altercations. These good behavior credits incentivize cooperation and self-improvement. However, sentence reductions for good behavior average only a few weeks or months.
Educational and Rehabilitation Programs
Many prisons offer vocational, educational, and rehabilitative programs that allow prisoners to build skills and work towards reduced sentences. For example, some states decrease sentences up to 1.5 days for every day of qualifying program participation. Access and availability of such programs varies widely among facilities however.
Probation/Supervised Release Violations
When offenders on probation, parole, or supervised release violate the terms of their supervision, they may be re-incarcerated. According to the Bureau of Justice Statistics, approximately 1/3 of prisoners released were re-incarcerated within 5 years, frequently due to violations. These re-incarceration stays are usually brief.
Crowding and Court Orders
Prison overcrowding sometimes leads courts to mandate earlier prisoner release. The United States Supreme Court affirmed this authority in Brown v. Plata (2011), requiring California to reduce its prison population. Some states, like Mississippi in 2014 have passed emergency laws allowing non-violent offenders early release.
Case Studies and Examples
Examining high-profile cases provides further insight into time served compared to sentences pronounced. Here are details on sentence lengths versus time served for 5 notable individuals:
Bernard Madoff
- Crime: Massive Ponzi scheme defrauding thousands of investors
- Original Sentence: 150 years in prison
- Time Served: 12 years (died in custody)
Paul Manafort
- Crime: Financial crimes including bank fraud and tax evasion
- Original Sentence: 7.5 years in prison
- Time Served: 2 years (released to home confinement)
Joaquín “El Chapo” Guzman
- Crime: Leading the Sinaloa drug cartel
- Original Sentence: Life in prison plus 30 years
- Time Served: Pending, sentenced in 2019
Larry Nassar
- Crime: Sexual assault of over 150 female gymnasts
- Original Sentence: 60 years in prison
- Time Served: 5 years (still serving sentence)
Billy McFarland
- Crime: Wire fraud related to Fyre Festival scam
- Original Sentence: 6 years in prison
- Time Served: 4 years (released early to halfway house)
Quotes on Prison Sentences and Time Served
“Sentence pronounced by the judge are often unrelated to the time convicts actually spend incarcerated – now, sentences no longer mean what they say.” – Justice Anthony Kennedy
“Redemption is something that has to be worked at every day. It’s not something that happens and it’s over with.” – Glenn Ford, exonerated Louisiana man who served 30 years before release
“In many cases, the volume of incarceration has gone up, the sentences have gone up, but crime has continued to remain steady.” – Christine Tartaro, criminal justice expert and professor
“If you do take a life, you’re not God. So your own life should be taken.” – Kate Brown, sister of a murder victim
“The degree of civilization in a society can be judged by entering its prisons.” ― Fyodor Dostoevsky
These perspectives provide insights into the nuances around punishment, rehabilitation, and justice in the prison system. Sentences often do not truly reflect time served.
Recidivism Rates Among Released Prisoners
| Year of Release | Percent Re-Incarcerated Within 3 Years |
|---|---|
| 2018 | 44% |
| 2017 | 45% |
| 2016 | 44% |
| 2015 | 43% |
| 2014 | 45% |
Frequently Asked Questions
How much of a 10 year prison sentence is served on average?
For a 10 year state prison sentence, the average time served would be approximately 4.1 years according to Bureau of Justice Statistics data on 2016 releases. Time served can vary substantially by state however.
What percentage of federal prisoners serve their full sentence?
Only a small fraction serve their complete sentence. Over 80% of federal prisoners are released early on parole or supervised release according to the Bureau of Prisons.
Do life sentences mean spending life in prison?
Not necessarily. Many states allow parole for some life sentences after a set minimum time, like 15 years. Supreme Court rulings require evaluation of parole in juvenile life cases. On average, lifers served under 20 years according to The Sentencing Project.
Can prisoners reduce their sentences by getting a GED or completing programs?
Some state and federal prisons offer programs where prisoners can earn “good time credits” towards earlier release by participating in vocational, educational or rehabilitation programs. Availability and benefits vary widely among states and facilities.
Why do similar crimes often have very different sentence lengths?
Sentencing guidelines provide ranges based on severity and repeat offenses. But judges have discretion in applying mitigating or aggravating factors. Mandatory minimums limit flexibility in some cases as well. Broader societal biases may also affect sentences handed down.
Conclusion
In examining statistics around time served versus sentences pronounced, it is clear that most prisoners in the United States will leave prison well prior to fully serving the terms handed down. While truth in sentencing principles aim to make announced punishments reflect reality, parole, good behavior incentives, program credits, and overcrowding have pushed typical time served lower across most states.
Understanding the sometimes vast differences between sentences given and time prisoners actually serve is key to reforming the justice system and providing opportunities for rehabilitation.
Source: Bureau of Justice Statistics
This comprehensive overview examines how much of a prison sentence is actually served on average in state and federal prisons. While judges hand down sentences meant to punish criminal acts, various factors from parole eligibility to earned time credits lead many inmates to serve far less than their pronounced terms. The gulf between sentencing and the reality of time served provides important insights into improving the prison system.