Felony Sentences In State Courts, 2006

The Bureau of Justice Statistics posted Felony Sentences In state Courts, 2006 - Statistical Tables compiled by Matthew R. Durose, Donald Farole, Sean P. Rosenmerkel.

[This report] presents findings from the 2006 National Judicial Reporting Program (NJRP), which compiles detailed information on the sentences that felons receive in state courts nationwide and on characteristics of the felons. The survey excludes federal courts and state or local courts that do not adjudicate adult felony cases. The tables in this publication provide data on the number of felony offenders in state courts, sentences received, demographic characteristics of convicted felons, and types of convictions. The report also covers comparisons to felony sentences in federal courts, using data from the Federal Justice Statistics Program (FJSP). The 2006 NJRP was based on a sample of state courts in 300 counties selected to be nationally representative. The survey included only offenses that state penal codes defined as felonies. Felonies are widely defined as crimes with the potential of being punished by more than 1 year in prison. NJRP surveys have been conducted every 2 years since 1986.

Is Lawn Mower a Motor Vehicle? Should Stealing It Be Considered Motor Vehicle Theft?

Via Law.com, Greg Bluestein wrote an article, titled Is Lawn Mower a Motor Vehicle? Man's Felony Theft Sentence Could Ride on the Answer, that discusses a Georgia Supreme Court Case of a man who is appealing his 10-year sentence. Frank Lloyd Harris stole a lawn mower from a local Home Depot and was convicted of felony motor vehicle theft. Harris was a repeat offender, and was therefore sentenced to 10 years in prison.

His attorneys urged the trial judge and later the Georgia Court of Appeals to throw out the charge on grounds that a riding mower is not considered a motor vehicle by state law. But both courts were unconvinced.

Michael McCarthy, a public defender, pressed the case before Georgia's top court. He told the justices that while Harris should still be charged with theft, he shouldn't be punished as if he had stolen a car.

A riding lawnmower is many things -- an efficient grass cutter, a modern mechanical marvel -- but McCarthy said it's not a motor vehicle under state law.

Lawyers said the case is likely to set a precedent in Georgia. It comes as other courts around the country grapple with similar concerns about whether riding lawnmowers and similar devices should be classified as vehicles.

And what do you think? Should Lawn Mower be considered a motor vehicle? We look forward to your comments.

Limited Definition of 'Violent Felony'

As posted on SCOTUS Blog titled Court limits 'violent felony' definition, the Supreme Court ruled on January 13, 2009 that the crime of failure to report to jail or prison to serve a sentence is not the same as an escape, and is not a 'violent felony' that can lead to a longer prison term under federal law. In Chambers v. United States, No. 06-11206, 2009 U.S. Dist. Westlaw 63882 (Jan. 13, 2009) Justice Breyer delivered the opinion of the Court, and Justice Alito with whom Justice Thomas joined, concurred in the judgment. More information can be found on the SCOTUS WIKI.