ADVANCE FOR RELEASE AT 4:30 P.M., EST BJS WEDNESDAY, OCTOBER 29, 1997 202/307-0784 STATE AND FEDERAL PRISONERS FILED 68,235 PETITIONS IN UNITED STATES COURTS DURING 1996 WASHINGTON -- The rate at which state and federal prisoners filed petitions in United States district courts seeking release from prison or alleging civil rights violations fell 17 percent between 1980 and 1996, the Department's Bureau of Justice Statistics (BJS) announced today. Sixty percent of the petitions filed alleged civil rights violations, and about a quarter sought habeas corpus relief. Although the total number of filings grew from 23,230 in 1980 to 68,235 in 1996, the rate decreased from 72.7 per 1,000 prisoners to 60.5 per 1,000 inmates during the 16-year period as the prison population grew from 319,598 to 1,128,274. In 1996 prisoner petitions made up about 25 percent of all civil filings in U.S. Courts, compared to 14 percent in 1980. The majority of these petitions (81 percent during 1996) were filed by state inmates. The U.S. district courts ruled in favor of the inmates in fewer than 2 percent of all prisoner petitions disposed of during 1995, the latest year for which these data are available. The courts dismissed 62 percent of the cases and the government prevailed in 36 percent. The government or the prisoners appealed 24 percent of the petitions disposed of in the district courts. The federal appellate courts disposed of 14,333 state and federal prisoner petitions during 1995. In 94 percent of the cases the appellate courts upheld the lower courts' rulings. The inmates represented themselves in about 90 percent of the cases. Because the actions are civil, rather than criminal, indigent filers are not entitled to a government-paid attorney. Lawyers for indigent prisoners are appointed solely at the discretion of the court--usually when the court believes the facts to be clear but the legal issues are too complex for an inmate to handle. The BJS analysis of prisoner petitions shows the number filed per 1,000 prisoners during 1995 to vary substantially by state--ranging from highs of 149 petitions per 1,000 inmates in Iowa, 142 in Arkansas and 125 in Mississippi to lows of 20 per 1,000 in Massachusetts, 22 in North Dakota and 25 in Ohio. While the increase in state inmate petitions reflects a growing number of petitions alleging civil rights violations, the increase in federal inmate petitions reflects more petitions challenging the constitutionality of the federal sentence imposed. The number of petitions filed by federal inmates grew seven-fold from 1980 through 1996--from 1,322 to 9,729. Most (96 percent) of the increase in federal inmate petitions challenging the sentence imposed followed the implementation of major reforms to federal sentencing policy. The Sentencing Reform Act, which took effect on November 1, 1987, established federal guidelines, abolished parole, reduced good conduct time and required increased sentences for recidivists. In addition, the Anti- Drug Abuse Acts of 1986 and 1988 and the Comprehensive Crime Control Act of 1990 established mandatory minimum sentences for defendants convicted of drug trafficking. During 1995, state death row inmates filed 129 habeas corpus petitions in the federal courts. Additionally, 21 percent of all state prisoners under a death sentence (648 inmates) had a petition active in the federal courts. Death penalty petitions represented about 2 percent of all habeas corpus petitions in the federal courts. Unlike other prisoner petitions, in 96 percent of these cases the inmate was represented by a lawyer. Single copies of the report, "Prisoner Petitions in the Federal Courts, 1980-96" (NCJ-164615), by BJS statistician John Scalia, may be obtained by clicking on BJS's homepage on the Internet at: http://www.ojp.usdoj.gov/bjs/ Single copies of the complete report may also be obtained from the BJS fax-on-demand system by dialing 301/519-5550, listening to the complete menu and selecting document number 83. For the news release and a report summary select document 84. Or call the BJS Clearinghouse number: 1-800-732-3277. Fax orders for mail delivery to 410/792-4358. Additional criminal justice materials can be obtained from the Office of Justice Programs homepage at: http://www.ojp.usdoj.gov After hours contact: Stu Smith at 301/983-9354 (END OF FILE)