U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics

Prisoner Petitions in the
Federal Courts, 1980-96

Federal Justice Statistics Program


October 1997,  NCJ-164615

The full text of this report is available through:
* the BJS Clearinghouse, 1-800-732-3277
* on the Internet at http://www.ojp.usdoj.gov/bjs/
* on the BJS gopher:
gopher://www.ojp.usdoj.gov:70/11/bjs/
* on the National Criminal Justice Reference Service Electronic
Bulletin Board (set at 8-N-1, call 301-738-8895, select BJS).


By John Scalia
BJS Statistician

John Scalia of the Bureau of Justice Statistics wrote this
report.  Kevin J. Strom compiled the time-series data.  David
Rauma, Ph.D., and George Cort of the Federal Judicial Center
provided the data to BJS for analysis.  Steven R. Schlesinger,
Ph.D. of the Administrative Office of the U.S. Courts and Roger
A. Hanson of the National Center for State Courts reviewed the
report for content.  Carol DeFrances and Andrew H. Press of BJS
provided statistical review.  Tom Hester and Tina Dorsey edited
the report.  Marilyn Marbrook, assisted by Yvonne Boston and
Jayne Robinson, administered production.

Data presented in this report may be obtained from the National
Archive of Criminal Justice Data at the University of Michigan,
1-800-999-0960.

An electronic version of this report and other reports are
available from the BJS Internet page: 
http://www.ojp.usdoj.gov/bjs/

-------------------
Highlights
-------------------

* Between 1980 and 1996, the number of petitions filed in U.S.
district courts by Federal and State inmates increased from
23,230 to 68,235.

* While the number of petitions filed increased, the rate at
which inmates filed petitions decreased 17% from 72.7 petitions
per 1,000 inmates to 60.5.

* Fewer than 2% the petitions were adjudicated in favor of the
inmate;  most (62%) were dismissed.

* 24% of the petitions terminated in U.S. district court were
later appealed.

* Between 1980 and 1996, the number of prisoner petitions
appealed increased from 3,675 to 17,002.

* 88% of Federal and State inmates represented themselves on
appeal.

---------------------------
Petitions by State inmates
---------------------------

* State inmates initated 81% of all prisoner petitions filed
during 1996; most (73%) alleged a civil rights violation.

* 21% of State inmates under a sentence of death had a habeas
corpus petition active in the Federal courts during 1995.

-----------------------------
Petitions by Federal Inmates
-----------------------------

* 74% of the petitions filed by Federal inmates challenged the
constitutionality of the sentence imposed.

* Between 1987 and 1996, the num-ber of petitions by Federal
inmates challenging the sentence imposed increased from 1,664 to
9,729.

* 43% of the petitions by Federal inmates challenging the the
sentence were later appealed.

-------------
Introduction
-------------

----------
Overview
----------

Pursuant to Federal law, Federal and State inmates are able to
file suits in the Federal courts to: (1) challenge the
constitutionality of their imprisonment (habeas corpus); (2)
redress deprivations by government officials of any civil rights
secured by the Constitution; (3) compel government officials to
perform a duty owed to the petitioner (mandamus); and (4), in
the case of Federal inmates, to challenge the constitutionality
of the sentence imposed (vacate sentence).

The growth in the Federal and State prison population over the
last 16 years has been accompanied by an increase in prisoner
litigation in the Federal courts -- both U.S. district courts
(trial) and U.S. courts of appeal (appellate).  Between 1980 and
1996 the number of prisoner petitions filed in U.S. district
courts by Federal and State inmates increased nearly threefold
from 23,230 during 1980 to 68,235 during 1996.  Similarly, the
number of appeals involving prisoner issues has increased
fourfold from 3,675 during 1980 to 16,992 during 1996.

While the number of prisoner petitions filed increased between
1980 and 1996, the rate at which both Federal and State inmates
filed these petitions declined.  During 1980 approximately 72.7
prisoner petitions were filed in U.S. district court for every
1,000 inmates incarcerated in Federal and State prisons.  By
1996 the filing rate had decreased approximately 17%to 60.5
petitions for every 1,000 inmates.

An increasing proportion of prisoner petitions terminated in
U.S. district court were appealed to the U.S. courts of appeal. 
Between 1980 and 1996 the rate at which prisoner petitions were
appealed increased 48% -- from 17.2 appellate filings for every
100 district court terminations during 1980 to 25.4 during 1996.

More than half of the prisoner petitions filed in the Federal
courts (both the U.S. district courts and U.S. courts of appeal)
alleged civil rights violations.  About a quarter of the
petitions sought habeas corpus relief.  Petitions filed by
Federal inmates, however, primarily challenged the
constitutionality of the sentence imposed:  approximately
two-thirds of the petitions filed by Federal inmates were
petitions to vacate the sentence imposed.

------------------------------------------------------
Tracking prisoner petitions through the Federal courts
------------------------------------------------------

Petitions filed by Federal and State inmates in the Federal
courts can take several years to process to their conclusion. 
After the district court disposes of the petition, the
petitioner has the option to appeal the district court ruling to
the U.S. courts of appeal.  Of those prisoner petitions filed in
U.S. district court by Federal and State inmates during 1990,
almost all (99%) had been disposed of by the district court by
the end of 1995.  About a quarter (23.7%) of those cases filed
in U.S. district courts during 1990 were appealed to the U.S.
courts of appeal.

Fewer than 2% of those petitions filed during 1990 were, at
least partially, adjudicated in favor of the inmate by the end
of 1995.  Approximately 11% were still pending with either the
district court or the appellate court 5 years after the initial
filing.

Petitions dismissed
********************

More than half (56%) of the prisoner petitions filed in U.S.
district court during 1990 were dismissed by the district court.
About a quarter (23.1%) of those cases dismissed were appealed.
By the end of 1995, the appellate courts had disposed of 54% of
these cases.  Of those cases disposed of by the appellate
courts, the district courts rulings were affirmed (at least in
part) in 80.7% of the cases and reversed (at least in part) in
11% of the cases.

Petitions adjudicated
*********************

Less than half (43%) of the prisoner petitions filed in U.S.
district court during 1990 were adjudicated by the district
court.  Almost all (95%) of those cases adjudicated (where a
judgment was reported) were adjudicated exclusively in favor of
the government --in an additional 1% of the cases both the
government and the inmate partially prevailed.  

About a quarter (24%) of those cases adjudicated by the district
court were appealed.  The government filed an appeal in 26.8% of
the cases decided in favor of the inmate whereas inmates
appealed 23.9% of the cases decided in favor of the government. 
The government succeeded in having the district courts' ruling
overturned in 10% of the cases. 

Petitions pending
******************

Fewer than 1% of those prisoner petitions filed with the
district court during 1990 were still pending with the district
court at the end of 1995.  However, of the 250 cases identified
as pending with the district court at the end of 1995, about 42%
had been appealed. (A litigant may file interlocutory appeals
addressing specific aspects of the case or appeals addressing
the timeliness of the district court's handling of the case.) 
Two-thirds of those cases disposed of by the appellate courts
affirmed the district courts' handling of the cases.

-------------------------------------------------
Legal representation of Federal and State inmates
-------------------------------------------------

While prisoner petitions involve criminal defendants and --
particularly in the case of habeas corpus -- routinely address
criminal law issues, these proceedings are considered civil
rather than criminal in nature.  Unlike criminal proceedings,
parties involved in civil proceedings are not entitled to
court-appointed counsel if they are indigent (Pennsylvania v.
Finley, 481 U.S. 551 (1987.)  The Federal courts, however, are
provided some discretion in appointing counsel for indigent
litigants.  Counsel for the indigent is appointed at the discretion 
of the courts when warranted such as in cases where the facts are 
undisputed but the issues are too complex for an inmate to handle 
(28 U.S.C.  1915.)

Previous BJS reports indicated that more than 90% of inmates who
file prisoner petitions in U.S. district court file their
petitions pro se -- representing themselves before the court
(Roger A. Hanson and Henry W.K. Daley, Federal Habeas Corpus
Review,  BJS Discussion Paper, NCJ-155504, 1995.) Similarly, 88%
of the inmates involved in an appeal of a prisoner petition
represented themselves on appeal (table 1).  (Data describing
the petitioners' representation were unavailable for petitions
handled in U.S. district courts.)  Federal inmates were more
likely than State inmates to be represented by legal counsel on 
appeal.  Legal counsel represented approximately 18% of Federal 
inmates on appeal, compared to fewer than 10% of State inmates.

Table 1.  Representation of Federal and State inmates in cases 
filed in U.S. courts of appeal, 1995				
				
Jurisdiction and		 	Legal	
type of petition	 Number	 Pro se	counsel
------------------------------------------------	
 				
				
     Total		14,992	88.3%	11.7%	
				
Federal			3,459	81.8%	18.2%	
   Vacate sentence	2,221	80.2	19.8	
   Habeas corpus	  456	76.3	23.7	
      Death penalty	    0	  --  	  --  	
      Other		  456	76.3	23.7	
   Civil rights		  557	91.0	9.0	
   Other		  225	85.3	14.7	
				
State			11,533	90.2%	9.8%	
   Habeas corpus	 3,939	81.6	18.4	
      Death penalty	   129	 3.9	96.1	
      Other		 3,810	84.3	15.7	
   Civil rights		 7,529	94.7	 5.3	
   Other		    65	92.3	 7.7	
				
-- No cases of this type occurred in the data.			
Data source:  Administrative Office of the U.S. Courts, 
civil data file (1995).  				


Inmates who alleged civil rights violations were more likely to
represent themselves on appeal than other petitioners.  During
1995, 91% of Federal inmates and 94.7% of State inmates who
filed civil rights petitions represented themselves on appeal,
whereas 76.3% of Federal inmates and 81.6% of State inmates
seeking habeas corpus relief represented themselves on appeal.

---------------------------------------------
Prisoner petitions in U.S. district courts
----------------------------------------------

-------------------------
Prisoner petitions filed
-------------------------

During 1995 Federal and State inmates filed 60,855 prisoner
petitions in U.S. district court (table 2).  Two-thirds of the
petitions filed alleged civil rights violations.  Habeas corpus
petitions represented approximately 23% of the caseload.  The
remainder were mandamus petitions (1%) or petitions by Federal
inmates challenging a sentence (10%).  State inmates filed the
majority (86%) of the petitions.  

Table 2.  Petitions filed in U.S. district court by Federal and State inmates, 1995							
							
					Type of petition
                                ----------------------------------------------					
				   	    Habeas corpus
                                           ----------------	
Region 				Vacate	   Death			Civil	 1995 prison
and jurisdiction  	Total	sentence   penalty  Other     Mandamus  rights   population*
---------------------------------------------------------------------------------------------
							
							
  U.S. total		60,855	5,814	   169	    13,966	863	40,043	1,078,545
							
Federal			 8,637	5,814	     6	     1,260	485	 1,072	   89,538
State			52,218	--	   163	    12,706	378	38,971	  989,007
							
  Northeast		7,020	--	    12	     1,696	 52	 5,260	  156,305
    Connecticut		  450	--	     0	        75	  3	   372	   14,681
    Maine		   98	--	    **	        17	  0	    81	    1,455
    Massachusetts	  212	--	    **	        62	  9	   141	   10,369
    New Hampshire	   81	--	     +	        28	  1	    52	    2,002
    New Jersey		  845	--	     0	       241	  1	   603	   22,808
    New York		2,495	--	     0	       627	 14	 1,854	   68,489
    Pennsylvania	2,697	--	    12	       597	 20	 2,068	   32,402
    Rhode Island	   90	--	    **	        32	  4	    54	    2,854
    Vermont		   52	--	    **	        17	  0	    35	    1,245
							   
  Midwest	       10,362	--	    33	     2,464	 59	 7,806	  192,757
    Illinois		1,587	--	    15	       279	 17	 1,276	   37,658
    Indiana		1,604	--	     2	       588	 10	 1,004	   16,125
    Iowa		  879	--	    **	        87	 10	   782	    5,906
    Kansas		  351	--	     +	        83	  3	   265	    7,055
    Michigan		1,581	--	    **	       368	  3	 1,210	   41,112
    Minnesota		  159	--	    **	        46	  0	   113	    4,628
    Missouri		1,903	--	    11	       405	  4	 1,483	   19,151
    Nebraska		  373	--	     0	        50	  0	   323	    3,051
    North Dakota	   15	 --	    **	         4	  2	     9	      670
    Ohio		1,097	--	     5	       358	  7	   727	   44,338
    South Dakota	  105	--	     0	        50	  0	    55	    1,864
    Wisconsin		  708	--	    **	       146	  3	   559	   11,199
							
  South		       25,541	--	    92	     5,788	182	19,479	  427,105
    Alabama		1,941	--	     6	       517	  1	 1,417	   20,549
    Arkansas		1,188	--	     2	       192	  6	   988	    8,364
    Delaware		  295	--	     1	        76	  1	   217	    4,799
    District of   
	Columbia	  272	--	    **	        19	  5	   248	    9,277
    Florida		3,034	--	    10	     1,100	 39	 1,885	   63,879
    Georgia		1,904	--	     0	       375	 21	 1,508	   34,266
    Kentucky		  946	--	     0	       165	  6	   775	    9,928
    Louisiana		1,899	--	     3	       319	 28	 1,549	   16,976
    Maryland		  928	--	     0	       202	  5	   721	   21,124
    Mississippi		1,261	--	     3         180	  1	 1,077	   10,124
    North Carolina	  848	--	     1	        82	  7	   758	   27,313
    Oklahoma		  758	--	     7	       286	  3	   462	   14,568
    South Carolina	  850	--	     3	       183	  7	   657	   18,864
    Tennessee		1,326	--	     0	       234	 10	 1,082	   13,040
    Texas		5,263	--	    46	     1,437	 26	 3,754	  127,766
    Virginia		2,605	--	    10	       364	 14	 2,217	   23,890
    West Virginia	  223	--	    **	        57	  2	   164	    2,378
							
  West			9,155	--	    26	     2,711	 81	 6,337	  212,840
    Alaska		   78	--	    **	        28	  0	    50	    2,832
    Arizona		1,638	--	     3	       332	 14	 1,289	   21,341
    California		4,172	--	    17	     1,503	 35	 2,617	  135,133
    Colorado		  672	--	     0	        97	  2	   573	    9,508
    Hawaii		  112	--	    **	        30	  1	    81	    2,812
    Idaho		  105	--	     0	        25	  0	    80	    3,079
    Montana		  106	--	     1	        24	  0	    81	    1,601
    Nevada		  702	--  	     2	       214	  3	   483	    7,599
    New Mexico		  206	--	     0	        78	  0	   128	    4,209
    Oregon		  387	--	     2	       135	 23	   227	    7,812
    Utah		  207	--	     1	        24	  1	   181	    3,985
    Washington		  685	--	     0	       195	  2	   488	   11,679
    Wyoming		   85	--	     +	        26	  0	    59	    1,250
							
Note:  Excludes transfers, remands, and statistical closures.  Detail does not sum to total; 
total for State includes petitions filed by inmates in the custody of the outlying territories -- 
Puerto Rico, Virgin Islands, Guam, and the Northern Marianas Islands.
-- No Federal jurisdiction.
*Data source:  BJS, Correctional Populations in the United States, 1995, NCJ-163916.
**Jurisdiction without a death penalty during 1995.							
+Jurisdiction had no prisoners under a sentence of death during 1995.							


While most of the petitions filed in the Federal courts are
filed by State inmates, because the Federal courts have original
jurisdiction over matters dealing with Federal inmates, Federal
inmates file petitions in Federal court at a greater rate than
State inmates.  During 1995 Federal inmates filed 96.5 petitions
for every 1,000 inmates in Federal custody compared with 52.8
petitions for every 1,000 State inmates.  However, compared to
State inmates, Federal inmates file few civil rights, habeas
corpus, or mandamus petitions. The majority (67%) of the
petitions filed by Federal inmates challenged the
constitutionality of the sentence imposed.

During 1995 State prison inmates incarcerated in Iowa (148.8
petitions per 1,000 inmates), Arkansas (142.0), and Mississippi
(124.6) filed petitions in U.S. district courts at the highest
rates (cover map).  Compared to those in other regions of the
United States, inmates incarcerated in the South filed petitions
at the highest rate -- 59.8 petitions per 1,000 inmates (not
shown in a table).  More than three-quarters of the petitions
filed by Southern inmates alleged civil rights violations. 
Inmates incarcerated in Massachusetts (20.4), North Dakota
(22.4), and Ohio (24.7), by contrast, filed petitions at the
lowest rates.


Trends in prisoner petitions filed
*************************************

-------------
Cases filed
-------------

Between 1980 and 1996 the number of petitions filed in U.S.
district courts by Federal and State inmates increased threefold
-- from 23,230 during 1980 to 68,235 during 1996 (table 3). 
Petitions filed by Federal inmates increased at a slightly
faster rate (8% average annual rate) than those filed by State
inmates (7% average annual increase). 

Table 3.  Prisoner petitions filed in U.S. district court by Federal
and State inmates, 1980-96											
											
			Jurisdiction and type of petition
                ---------------------------------------------------------------------								
			   Federal	                            State
                -------------------------------------   ----------------------------            							
		       Vacate	Habeas	Man-	Civil		Habeas	Man-	Civil	
Year	Total   Total  sentence	corpus	damus	rights  Total	corpus	damus	rights
---------------------------------------------------------------------------------------	
											
1980	23,230	3,661	1,322	1,413	323	603	19,569	 7,029	145	12,395	
1981	27,655	4,053	1,248	1,629	342	834	23,602	 7,786	177	15,639	
1982	29,275	4,328	1,186	1,927	381	834	24,947	 8,036	172	16,739	
1983	30,765	4,354	1,311	1,914	339	790	26,411	 8,523	202	17,686	
1984	31,093	4,526	1,427	1,905	372	822	26,567	 8,335	198	18,034	
1985	33,452	6,262	1,527	3,405	373	957	27,190	 8,520	180	18,490	
1986	33,758	4,432	1,556	1,679	427	770	29,326	 9,040	215	20,071	
1987	37,279	4,507	1,664	1,808	313	722	32,772	 9,524	276	22,972	
1988	38,825	5,130	2,071	1,867	330	862	33,695	 9,867	270	23,558	
1989	41,472	5,577	2,526	1,818	315	918	35,895	10,545	311	25,039	
1990	42,623	6,611	2,970	1,967	525   1,149	36,012	10,817	352	24,843	
1991	42,452	6,817	3,328	2,112	378	999	35,635	10,325	267	25,043	
1992	48,417	6,997	3,983	1,507	597	910	41,420	11,296	479	29,645	
1993	53,436	8,456	5,379	1,467	695	915	44,980	11,574	388	33,018	
1994	57,928	7,700	4,628	1,441	491   1,140	50,228	11,908	395	37,925	
1995	63,634	8,951	5,988	1,343	510   1,110	54,593	13,627	397	40,569	
1996	68,235 13,069	9,729	1,703	444   1,219	55,166	14,726	444	39,996	
											
Note:  Includes transfers, remands, and statistical closures.											
Data source:  Administrative Office of the U.S. Courts, Report 
of the Proceedings of the Judicial Conference of the United States, 
(table C-2).											


The increase in State prisoner petitions primarily reflects a
threefold increase in the number of civil rights petitions
filed.  Civil rights petitions filed by State inmates increased
an average of 8% annually -- increasing from 12,395 during 1980
to 39,996 during 1996.  Federal civil rights petitions, by
contrast, increased 5% annually -- from 603 during 1980 to 1,219
during 1996.

Similarly, the number of habeas corpus petitions by State
inmates increased at a faster rate than those by Federal
inmates.  The number of State habeas corpus petitions increased
almost 5% annually -- from 7,029 during 1980 to 14,726 during
1996 -- while the number of Federal petitions remained
relatively stable.

While the increase in petitions filed by State inmates reflects
an increase in civil rights petitions, the increase in the
number of petitions filed by Federal inmates primarily reflects
an increase in the number of petitions challenging the sentence
imposed.

Between 1980 and 1996, petitions by Federal inmates challenging
the sentence imposed increased more than sevenfold -- from 1,322
during 1980 to 9,729 during 1996 (The increase in petitions to
vacate the sentence imposed between 1995 and 1996 may be the
result of the Supreme Court decision in Bailey v. United States,
__ U.S. __, 116 S.CT. 501, 113 L.Ed. 2d 472(1996).  In this case
the Supreme Court limited the applicability of 18 U.S.C. 
924(e) to those cases where the defendant actually used the
weapon while committing the offense rather than merely
possessing it.)

Most (96%) of the increase in petitions challenging the sentence
imposed followed the implementation of major reforms to Federal
sentencing policy.  The Sentencing Reform Act of 1984, which became 
effective on November 1, 1987, established the Federal sentencing 
guidelines, abolished parole, reduced good conduct time, and required
increased terms of imprisonment for recidivists.  Further, the Sentencing 
Reform Act, the Anti-Drug Abuse Acts of 1986 and 1988, and the Comprehensive
Crime Control Act of 1990, established mandatory minimum terms
of imprisonment for defendants trafficking drugs and defendants
using a firearm to commit an offense.

Many defendants have challenged these sentencing reforms (and
the sentences imposed pursuant to these reforms) on direct
appellate review.  During 1995, 47,556 defendants were convicted
and sentenced in the Federal courts;  21% of these defendants
filed a direct appeal challenging some aspect of the sentence
imposed.

Most (84%) of these appellants, however, were unsuccessful. 
Having unsuccessfully challenged the sentence imposed on direct
appeal, many Federal inmates have turned to civil remedies in
another attempt to have the sentence vacated or otherwise
reduced.

--------------
Filing rate
--------------

While the number of prisoner petitions filed in U.S. district
courts substantially increased between 1980 and 1996, the
Nation's prison population was also substantially increasing. 
Between 1980 and 1996, the number of persons incarcerated in the
Nation's prisons (both Federal and State facilities) increased
an average of 8.2% annually -- from 319,598 inmates incarcerated
during 1980 to 1.13 million during 1996 (table 4). The Federal
prison population increased at a slightly faster rate (9%
annually) than the State prison population (8% annually).

Table 4.  Number of persons held in Federal 
and State prisons, 1980-96					
					
Year	 Total	 Federal    State
----------------------------------		
					
1980	319,598	  23,779   295,819		
1981	360,029	  26,778   333,251		
1982	402,914	  27,311   375,603		
1983	423,898	  28,945   394,953		
1984	448,264	  30,875   417,389		
1985	487,593	  35,781   451,812		
1986	526,436	  39,781   486,655		
1987	562,814	  42,478   520,336		
1988	606,810	  44,205   562,605		
1989	683,382	  53,387   629,995		
1990	743,382	  58,838   684,544		
1991	792,535	  63,930   728,605		
1992	850,566	  72,071   778,495		
1993	909,381   80,815   828,566		
1994	990,147	  85,500   904,647		
1995  1,078,545	  89,538   989,007		
1996* 1,128,274	  95,088 1,033,186		
					
Note:  Data represent the population as of December 31; 					
*Preliminary numbers.					
Source:  BJS, Correctional Populations 					
in the United States, annual.					

The increase in the prison population has been accompanied by a
similar increase in the number of prisoner petitions filed in
Federal court.  However, accounting for the increase in the
prison population, the rate at which inmates filed petitions
declined by approximately 17% between 1980 and 1996.  During
1980, 72.7 petitions were filed for every 1,000 inmates
incarcerated in both Federal and State prisons.  By 1996 the
filing rate had decreased to 60.5 petitions.  

The filing rate for Federal inmates varied substantially between
1980 and 1996.  After an overall increase between 1980 and 1985,
the rate at which Federal inmates filed prisoner petitions
decreased by 43% between 1985 and 1995.  This decline was
largely attributable to substantial decreases in the rates in
which Federal inmates filed habeas corpus, civil rights, and
mandamus petitions.  The rate at which Federal inmates filed
habeas corpus petitions declined by 84%; civil rights by 53%;
and mandamus by 46%.

However, between 1995 and 1996, the filing rate increased by
37%.  This increase was primarily attributable to a substantial
increase in the rate at which Federal inmates filed petitions to
vacate the sentence imposed.  

Beginning in 1988 (after the implementation of Federal
sentencing reforms) petitions by Federal inmates to vacate the
sentence imposed began to increase.  While Federal inmates were
filing habeas corpus, civil rights, and mandamus petitions at
lower rates, they filed petitions to vacate the sentence at
higher rates.  Between 1987 and 1996, the rate at which Federal
inmates filed petitions challenging the sentence imposed
increased by 161% -- from 39.2 petitions per 1,000 inmates
during 1987 to 102.3 during 1996.

Compared to the filing rate for Federal inmates, the filing rate
for State inmates was relatively constant.  Nonetheless, the
filing rate for State inmates declined 19% between 1980 and 1996
-- from 66.2 petitions per 1,000 inmates during 1980 to 53.4
petitions during 1996.  Three-quarters of the decrease in State
petitions was attributable to a decline in the rate at which
State inmates filed habeas corpus petitions.  The filing rate of
State habeas corpus petitions declined 40% -- from 23.8
petitions per 1,000 inmates during 1980 to 14.3 petitions during
1995.  The filing rate for State civil rights petitions declined
by 25% -- from 41.9 during 1980 to 38.7 during 1995.

-----------------------------------------------------
Prisoner petitions adjudicated in U.S. district court
-----------------------------------------------------

Mode of disposition
********************

During 1995 U.S. district courts disposed of 57,982 prisoner
petitions. More than half of these petitions were dismissed
(table 5).  Of those cases terminated during 1995 --

Table 5.  Mode of disposition for prisoner petitions 
terminated in U.S. district court, 1995					
					
			             Percent of cases
                                --------------------------		
Jurisdiction and			       Judgment		
type of petition    Number*	Dismissed  Trial     Other
----------------------------------------------------------	
					
     Total	     57,968	 62.1%	   1.8%	     36.1%	
					
Federal		      7,797	 64.3%	    .3%	     35.4%	
   Vacate sentence    4,876	 66.1	    .2	     33.7	
   Habeas corpus      1,252	 61.2	    .2	     38.7	
      Death penalty	  5	   --  	    -- 	       --   	
      Other	      1,247	 61.1	    .2	     38.7	
   Mandamus	        539	 72.4	     0	     27.6	
   Civil rights       1,130	 56.0	     1	     43.0	
					
State	             50,159	 61.8%	   2.0%	     36.2%	
   Habeas corpus     11,838	 58.7	    .2	     41.1	
      Death penalty	129	 66.7	    .8	     32.6	
      Other	     11,709	 58.6	    .2	     41.2	
   Mandamus	        378	 70.9	    .8	     28.3	
   Civil rights	     37,943	 62.7	   2.6	     34.7	
					
Note:  Excludes transfers, remands, and statistical closures.  
Trial includes cases for which a trial was scheduled but not 
necessarily completed before dispositions.  In some cases, the 
parties might have settled before the completion of the trial.
--Too few cases to obtain statistically reliable data.					
Data source:  Administrative Office of the U.S. Courts, 					
civil data file (1995).
  					
* Includes 12 cases for which jurisdiction could not be determined
but excludes 14 cases for which mode of disposition could not 					
be determined.					


* 64% of those petitions filed by Federal inmates and 62% of
those filed by State inmates were dismissed;

* 66% of those petitions by Federal inmates challenging the
sentence imposed were dismissed; and

* Mandamus petitions were dismissed at the highest rate: 72% of
those petitions filed by Federal inmates and 71% of those by
State inmates.

Overall, few (1.8%) prisoner petitions were adjudicated at
trial.  Civil rights petitions, however, were the most likely to
be adjudicated by trial: almost 2.6% of civil rights petitions
filed by State inmates and 1% of those filed by Federal inmates.

Thirty-six percent of the cases were disposed of by means such
as consent decrees, judgments on pretrial motions, or arbitrated
judgments.  Of these cases, most (80%) were disposed of
following a pretrial motion  (not shown in a table).

-------------
Disposition
-------------

Of the 57,982 prisoner petitions terminated in U.S. district
court during 1995, 1.2% were adjudicated in favor of the
plaintiff -- the inmate (table 6).

Table 6.  Disposition of prisoner petitions 						
terminated in U.S. district court, 1995						
						
			      Percent of petitions disposed
                        --------------------------------------				
				                Judgment
                                           -------------------  			
Jurisdiction and	       			   Govern-		
type of petition	Number*	Dismissed  Inmate  ment	  Both	
						
     Total	       57,982	 62.1%	    1.2%   36.3%   .4%	
						
Federal			7,804	 64.2%	    3.8%   31.9%   .2%	
   Vacate sentence	4,883	 66.0	    5.1	   28.7	   .2	
   Habeas corpus	1,252	 61.2	    2.0	   36.3	   .5	
      Death penalty	    5	   --  	     --	     --    --     	
      Other		1,247	 61.1	    1.9	   36.5	   .5	
   Mandamus		  539	 72.4	    2.0	   25.6	    0 	
   Civil rights		1,130	 55.8	     .6	   43.5	    0 	
						
State		       50,166	 61.8%	     .7%   37.0%   .5%	
   Habeas corpus       11,841	 58.6	    1.2	   39.6	   .5	
      Death penalty	  129	 66.7	    2.3	   29.5	  1.6	
      Other	       11,712	 58.6	    1.2	   39.7	   .5	
   Mandamus	          378	 70.9	    1.9	   27.2	    0 	
   Civil rights	       37,947	 62.6	     .6	   36.3	   .4	
						
Note:  Excludes transfers, remands, and statistical closures.
--Too few cases to obtain statistically reliable data.						
Data source:  Administrative Office of the U.S. Courts, 						
civil data file (1995).  						
*Includes 12 cases for which jurisdiction could not be determined.						

Additionally, in 0.4% of the cases both the inmate and the
government partially prevailed.

Compared to State inmates, a slightly higher proportion of
Federal inmates were successful with their suits.  Of the 7,804
petitions filed by Federal inmates that were terminated during
1995, 4% were adjudicated at least partially in favor of the
inmate.

Approximately 5% of the petitions to vacate the sentence imposed
were adjudicated in favor of the inmate;  2% of habeas corpus
petitions (including the only death penalty petition), 2% of the
mandamus petitions, and 0.6% of the civil rights petitions were
adjudicated in favor of the defendant, at least in part.

In contrast to the outcome of petitions filed by Federal
inmates, of the 50,166 petitions by State inmates terminated
during 1995, about 1% were adjudicated at least partially in
favor of the inmate.  Habeas corpus petitions by death row
inmates were the most successful -- 3.9% of these petitions were
adjudicated at least partially in favor of the inmate -- and,
similar to the outcome of petitions by Federal inmates, civil
rights petitions were the least successful --1% were adjudicated
at least partially in favor of the inmate.

While the success rate of prisoner petitions is low overall, in
those cases adjudicated by the courts -- not dismissed --
inmates were slightly more successful.  Of those cases for which
there was a judgment, 3% were adjudicated in favor of the inmate
-- including 15% of petitions by Federal inmates challenging the
sentence imposed.  Additionally, in 1% of the cases both the
inmate and the government partially prevailed.

Case processing time
*********************

Prisoner petitions terminated during 1995 were processed in
approximately 9 months (274 days), on average (table 7).  Half
of the cases, however, took less than 5 months (161 days). 
Habeas corpus petitions generally took longer (285 days) than
other types of petitions (not shown in a table). 

Table 7.  Case processing time for prisoner petitions terminated in U.S. district court, 1995							
							
					Days between filing and termination
                                 ---------------------------------------------					
				     Percentile of terminations
Jurisdiction and                 ------------------------------------					
type of petition	Number* 10th  25th	50th	75th	90th   Average
------------------------------------------------------------------------------
							
     Total		57,982	   8	49	161	364	681	273.9
							
Federal			 7,804	  12	53	141	297	544	228.9
   Vacate sentence	 4,883	  14	56	137	284	521	220.6
   Habeas corpus	 1,252	  11	48	129	271	492	207.8
      Death penalty	     5	  --   	---   	---   	---   	---   	 ---   
      Other	         1,247	  12	48	129	270	483	205.4
   Mandamus		   539	  22	62	191	442	784	300.1
   Civil rights		 1,130	   0	38	165	346	561	253.8
							
State			50,166	   8	49	166	376	702	280.9
   Habeas corpus	11,841	  19	71	182	386	745	297.4
      Death penalty	   129	   1	13	349	973	1756	659.2
      Other		11,712	  20	72	181	384	735	293.4
   Mandamus		   378	   4	22	72	206	396	160.2
   Civil rights		37,947	   6	44	161	375	689	276.9
							
Note:  Excludes transfers, remands, and statistical closures.							
*Includes 12 cases for which jurisdiction could not be determined.							
--Too few cases to obtain a reliable estimate.							
Data source:  Administrative Office of the U.S. Courts, civil data file (1995).  							


Petitions filed by State inmates took nearly 2 months longer, on
average, than those filed by Federal inmates -- 281 days for
State petitions compared to 229 days for Federal petitions.  The
longer case processing time for State petitions reflects, in
part, differences in the mode of disposition between Federal and
State petitions.  The case processing time reported for State
inmates, however, does not include the time spent in the State
courts or in administrative proceedings.  If this time were
available and taken into account, the entire process for State
inmates would take considerably longer than for Federal inmates.

Case processing time varied substantially by mode of disposition
(table 8).  On average, prisoner petitions disposed of at trial
took longer -- approximately 2 years (727 days) -- to process
than petitions that were dismissed -- 240 days (on average) --
or those petitions disposed of by other means -- 310 days on
average (not shown in a table).

Table 8.  Case processing time for prisoner petitions 							
terminated in U.S. district court, 1995							
							
				      Days between filing and termination
                                ----------------------------------------------					
			 		Percentile of terminations
Jurisdiction and		-------------------------------------			
mode of petition	 Number*  10th	25th	50th	75th	90th   Average
------------------------------------------------------------------------------
							
     Total		57,982	    8	49	161	364	681	273.9
							
Federal			 7,804	   12	53	141	297	544	228.9
   Dismissal		 5,010	    8	46	128	281	525	215.4
   Trial		    23	   97	197	311	517   1,257	311.0
   Other		 2,764	   21	68	162	321	581	251.5
							
State			50,166	    8	49	166	376	702	280.9
   Dismissal		30,997	    6	40	130	315	625	243.9
   Trial		 1,011	  198	339	590   1,026   1,405	590.0
   Other		18,151	   13	79	223	433	738	318.9
							
Note:  Excludes transfers, remands, and statistical closures.							
*Includes 12 cases for which jurisdiction could not be determined.							
Data source:  Administrative Office of the U.S. Courts, civil data file (1995).  							

However, even after accounting for differences in mode of
disposition, petitions by the State inmates took longer to
process than petitions by Federal inmates:

* State petitions adjudicated at trial took 590 days to process
compared to 311 days for Federal petitions;

* State petitions that were dismissed took 244 days to process
compared to 215 days for Federal petitions; and

* State petitions disposed of by other means took 319 days to
process compared to 252 days for Federal petitions.

Previous BJS reports indicated that case processing time varies
according to the complexity of the case and whether the inmate
was represented by counsel.  Cases involving more complex legal
issues or multiple issues generally take more time to process,
on average, than cases involving less complex issues.  For
example, civil rights petitions involving a single issue took
268 days, on average, to process whereas petitions 
involving 2 issues took 312 days and those involving 3 or more
issues took 433 days (not shown in a table) (Roger A. Hanson and
Henry Daley, Challenging the Conditions of Prisons and Jails,
BJS Discussion Paper, NCJ-151652, 1995.)   Similar patterns were
observed for habeas corpus petitions (Roger A. Hanson and Henry
Daley, Federal Habeas Corpus Review, BJS Discussion Paper,
NCJ-155504, 1995.)

Similarly, cases where inmates were represented by counsel took
longer (825 days, on average) than those where the inmates
represented themselves (551 days) (Challenging the Conditions of
Prisons and Jails, 1995.)

----------------------------------------------------------------
Habeas corpus petitions by death row inmates in State prisons
----------------------------------------------------------------

During 1995, 648 (or 21%) of inmates under a sentence of death
had a habeas corpus petition active -- filed, terminated, or
otherwise pending _ in the Federal courts -- U.S. district
courts or U.S. courts of appeal (table).  Death row petitions
represented about 2% of  all active habeas corpus petitions in
the Federal courts during 1995 (not shown in a table).  Inmates
under a sentence of death had 212.7 habeas corpus petitions 
active in the Federal courts during 1995 for every 1,000 inmates
on death row (not shown in a table).

Most (65%) of these petitions were filed by inmates in those
States with the greatest number of inmates under a sentence of
death or executed during 1995.  Virginia had the greatest
proportion (66%) of death row inmates with an active habeas
corpus petition (table).  During 1995 Virginia executed 5 of the
56 people on its death row.

				Capital punishment statistics(a)
		          --------------------------------------
			    Inmates under a 		
			    sentence of death
                          ----------------------		
		Habeas corpus	     Average	
		petitions	     time served   Inmates
		pending in	     on death	   executed
		Federal		     row 	   during
State		courts(b) Number(c) (in years)	   1995(d)
----------------------------------------------------------------
				
     Total	648	   3,046	6.5	    56
				
Texas		141	     404	6.5	    19
California	 84	     420	7.0	     0
Illinois	 35	     154	7.1	     5
Pennsylvania	 21	     196	6.1	     2
Missouri	 56	      92	6.1	     6
Florida		 47	     362	6.9	     3
Virginia	 37	      56	4.5	     5
Other(c)	227	   1,362	5.1	    16
				
aIncludes all inmates under a sentence of death regardless of whether 
they had a habeas corpus petition active in the Federal courts during 1995.
bIncludes all inmates who filed, or whose cases were terminated or still pending,
in U.S. district courts or U.S. courts of appeal during 1995.
cCapital Punishment 1995, BJS Bulletin, NCJ-162043, 1996.
dSee, table 1 for details.				

Mode of adjudication
**************************

Of the 129 death-row petitions concluded during 1995, fewer than
1% were adjudicated at trial (table 5).  Two-thirds of these
petitions were dismissed; and about a third were disposed of by
means other than litigation.  Of those petitions that were not
dismissed, about 12% were adjudicated at least partially in
favor of the inmate -- 7% fully and 5% partially.

Case processing time
***********************

Petitions by death row inmates took almost 2 years (659 days),
on average, to process (table 7).  Ten percent of these
petitions, however, took at least 4 years and 10 months to
process.  (Does not include case processing time which may have
previously occurred at State court level.)

Appeals
*****************

During 1995, 129 habeas corpus petitions involving State inmates
under a sentence of death were filed with the U.S. courts of
appeal (not shown in a table).  Unlike other prisoner petitions,
in nearly all (96%) of these cases, legal counsel represented
the inmate (table 1).  Almost two-thirds of those cases
concluded were held over for oral hearings -- a greater fraction
than of all other types of petitions (table 10).  However, while
the appellate courts dismissed 14% of the habeas cases, of those
cases for which there was a judgment during 1995 the district
courts' rulings were upheld in about 59% (table 11).  Most
(82.9%) of the dismissed cases were terminated on procedural
bases (not shown in a table).

On average, death row petitions take longer to process by the
U.S. courts of appeal than other prisoner petitions.  During
1995 habeas corpus petitions by State inmates under a sentence
of death took nearly a year (341 days), on average, to process;
10% of the cases however, took about 2 years to process.  The
longer case processing time for these cases reflected, in part,
the larger proportion held over for oral arguments (not shown in
a table).

-------------------------------------------------------------------


--------------------------------------------
Prisoner petitions in U.S. courts of appeal
-------------------------------------------

In the Federal system, parties involved in cases handled in U.S.
district courts have the right to have a  district court
decision reviewed by the U.S. courts of appeal.  If the
appellate court finds that the district court mishandled the
case and that the error deprived the party of a fair trial, the
appellate court will issue an "order of reversal" and/or a
"remand."  A "reversal" annuls the district court's judgment in
its entirety.  A "remand," by contrast, requires that the
district court review its decision considering the appellate
court's ruling(s) and/or collect additional evidence to more
appropriately adjudicate the case.  If the appellate court,
however, finds that the district court handled the case
appropriately, it will "affirm" the district court's decision.

------------------------
Prisoner petitions filed
------------------------

During 1996, 16,992 cases involving Federal and State prisoner
petitions were appealed to the U.S. courts of appeal (table 9). 
More than half of the cases filed on appeal originally alleged
civil rights violations.  (Information describing the specific
issue raised in the appeal is unavailable.)  More than a quarter
(28.7%) originally sought habeas corpus relief; 18.1% originally
challenged the constitutionality of a Federal sentence; and, the
remainder (2%) involved other issues such as mandamus.  State
prison inmates made three-fourths of the appeals.

Table 9.  Prisoner petitions filed in U.S. circuit courts of appeal by Federal 										
and State inmates, 1980-96										
										
				Number of petitions appealed
                ----------------------------------------------------------------------						
			      Federal					State
                --------------------------------------   -----------------------------			
			Vacate	 Habeas	Civil 			Habeas	Civil 	
Year	 Total	Total	sentence corpus	rights  Other	 Total	corpus	rights Other
--------------------------------------------------------------------------------------
										
1980	3,675	1,007	  450	  302	159	 96	2,668	1,020	1,578	 70
1981	4,311	1,155	  459	  344	234	118	3,156	1,258	1,851	 47
1982	4,833	1,203	  359	  455	234	155	3,630	1,529	2,038	 63
1983	5,327	1,258	  388	  440	282	148	4,069	1,683	2,297	 89
1984	5,964	1,397	  470	  462	294	171	4,567	1,609	2,796	162
1985	6,532	1,510	  551	  531	288	140	5,022	2,172	2,772	 78
1986	6,992	1,569	  624	  485	324	136	5,423	2,331	2,982	110
1987	8,485	1,802	  712	  546	349	195	6,683	2,755	3,817	111
1988	9,253	1,962	  856	  524	335	247	7,291	3,107	4,070	114
1989	9,557	2,065	  991	  493	325	256	7,492	3,168	4,224	100
1990	9,897	2,261	1,112	  488	408	253	7,636	3,170	4,413	 53
1991   10,454	2,338	1,154	  506	389	289	8,116	3,391	4,655	 70
1992   11,736	2,544	1,467	  432	406	239	9,192	3,725	5,396	 71
1993   12,662	2,902	1,818	  421	416	247	9,760	3,612	6,044	104
1994   13,044	2,939	1,774	  430	506	229    10,105	3,642	6,385	 78
1995   14,981	3,457	2,215	  462	555	225    11,524	3,927	7,528	 69
1996   16,992	4,446	3,078	  451	624	293    12,546	4,423	8,053	 70
										
Data source:  Administrative Office of the U.S. Courts, Report of the Proceedings
of the Judicial Conference of the United States, annual (table B-1A).										

The issue underlying the appeal varied by whether the inmate was
in Federal or State custody.  Similar to cases filed in U.S.
district courts, the majority (64.2%) of appeals that involved
State inmates originally alleged civil rights violations. 
Additionally, about a third originally sought habeas corpus
relief.  Two-thirds of appeals involving Federal inmates, by
contrast, originally challenged the sentence imposed.

Approximately 24% of those prisoner petitions that were
terminated in U.S. district courts were appealed to the U.S.
courts of appeal (not shown in a table).  Petitions involving
Federal inmates were appealed at nearly twice the rate of those
involving State inmates -- 37.1 appeals per 100 district court
terminations by Federal inmates compared to 22.5 by State
inmates.  Decisions involving civil rights petitions and
petitions challenging the sentence imposed were appealed at the
highest rates -- 46.5 and 42.9 petitions per 100 district court
terminations, respectively.

Generally, those States where inmates filed petitions in U.S.
district court at the highest rates had the highest appeals
rates.  During 1995 petitions by inmates incarcerated in Kansas
(29.6 appeals per 1,000 district court terminations), Virginia
(25.3), and Iowa (25.1) were appealed at the highest rates. 
Civil rights petitions were appealed at the highest rates in
Virginia (18.7) and Iowa (21.2).  Kansas, however, had the
highest appeal rate of habeas corpus petitions: 19.6 appeals per
1,000 district court terminations.  By contrast, prisoner
petitions by inmates 

incarcerated in Connecticut (3.4), Massachusetts (4.0) and
Hawaii (4.8) were appealed at the lowest rates.

------------------
Trends, 1980-1995
------------------

Appeals filed
*************

Similar to the increase in prisoner petitions filed in U.S.
district courts, between 1980 and 1995, the number of prisoner
petitions appealed to the U.S. courts of appeal increased more
than fourfold -- from 3,675 during 1980 to 16,992 during 1996
(table 9).

Appeals involving State inmates (10.2% average annual increase)
increased at about the same rates as Federal inmates (9.7%
annually).

Approximately 66% of the increase in State appeals was the
result of an increase in appeals of civil rights petitions. 
Appeals of civil right petitions increased an average of 11%
annually -- from 1,578 during 1980 to 8,053 during 1996. 
Appeals of habeas corpus petitions also substantially increased
during this period -- from 1,020 during 1980 to 4,423 during
1995.

Approximately 76% of the increase in Federal appeals was for
petitions challenging the sentence imposed.  These appeals
increased from 450 during 1980 to 3,078 during 1996 -- an
average annual increase of 13%.  About 90% of this increase
occurred after the implementation of Federal sentencing reforms
in 1987.

Although fewer in number than appeals of petitions to vacate the
sentence imposed, appeals of Federal habeas corpus and civil
rights petitions also increased.  Appeals of habeas corpus
petitions increased at an average annual rate of 3% -- from 302
during 1980 to 451 during 1996 -- and appeals of civil rights
petitions increased 9% annually -- from 159 during 1980 to 624
during 1996.

Filing rate
*************

Between 1980 and 1996 the rate at which Federal and State
prisoner petitions were appealed increased 48% -- from 17.2
appellate filings for every 100 district court terminations
during 1980 to 25.4 during 1996.

The appeal rate of Federal petitions increased at a greater rate
than that of State petitions.  Appeals of Federal petitions
increased 41% -- from 26.4 appeals for every 100 district court
terminations during 1980 to 37.1 during 1995.  Appeals of State
petitions increased 48% -- from 15.2 appeals for every 100
district court terminations during 1980 to 22.5 
during 1996.

------------------------------
Prisoner petitions adjudicated
------------------------------

Mode of disposition
*******************

During 1995, 14,333 prisoner petitions involving Federal and
State inmates were terminated in U.S. courts of appeal.  Nearly
all (93.7%) of these cases were disposed of without oral
hearings (table 10).  In 46% of the cases, the hearings were
waived.  The remainder were terminated on jurisdictional bases
-- the court did not have authority to hear the case (11%) -- or
procedural bases -- default or voluntary dismissal (37%).

Table 10.  Method of disposition for prisoner petitions 					
terminated in U.S. courts of appeal, 1995					
					
				       Percent of dispositions of appeals
                                ------------------------------------------------			
						Without oral hearings
                                            ------------------------------------		
Jurisdiction and		After oral  Hearings  No 	     Procedural
type of petition	Number	hearings    waived    jurisdiction   termination
---------------------------------------------------------------------------------
					
     Total*		14,333	  6.3%	     46.3%	10.5%		36.9%
					
Federal			 3,151	  5.6%	     62.5%	6.3%		25.5%
   Vacate sentence	 1,973	  6.1	     66.8	4.7		22.5
   Habeas corpus	   426	  8.7	     50.0	5.2		36.2
      Death penalty	     0	   --  	       --  	--  		  --  
      Other		   426	  8.7	     50.0	5.2		36.2
   Civil rights		   530	  2.6	     53.6      12.8		30.9
   Other		   222	  6.3	     69.8	7.2		19.8
					
State			11,177	  6.5%	     41.7%	11.7%		40.1%
   Habeas corpus	 3,957	 11.0	     28.4	6.5		54.2
      Death penalty	   121	 62.0	     25.6	 .8		11.6
      Other		 3,836	  9.4	     28.4	6.6		55.5
   Civil rights	 	 7,170	  4.0	     49.0      14.6		32.4
   Other		    50	  2.0	     60.0	8.0		30.0
					
--No cases of this type occurred.
*Includes 5 cases for which jurisdiction could not be determined.					
Data source:  Administrative Office of the U.S. Courts, 					
appellate data file (1995).  					


Nearly equal proportions of appeals involving Federal and State
inmates were disposed of without oral hearings -- 94.4% and
93.5%, respectively.  Petitions involving State inmates,
however, were more likely than those involving Federal inmates
to be terminated on jurisdictional or procedural bases:
approximately 51.8% of petitions from State inmates were
terminated on jurisdictional or procedural bases compared with
31.8% of Federal petitions.


Habeas corpus petitions -- especially those from inmates on
death row -- were the most likely to be held for oral hearings
(table 10).  During 1995 approximately 11% of all habeas corpus
petitions involving Federal and State inmates were disposed of
following an oral hearing, compared to 6.9% or less of other
types of petitions (not shown in a table). 

Disposition
************

Of the 14,333 prisoner petitions terminated in U.S. courts of
appeal during 1995, the courts dismissed 52.4% of the cases,
affirmed the district courts' decision in 41.7% of the cases,
and reversed or remanded the case to the district court (at
least in part) in 5.6% of the cases (table 11).

Table 11.  Disposition of prisoner petitions 							
terminated in U.S. courts of appeal, 1995							
							
					            Percent of cases
                                -----------------------------------------------------------					
						Terminated on the merits
                                            -----------------------------------------------				
Jurisdiction and					Partial 		
type of petition	Number	Dismissed   Affirmed	part	Reversed   Remanded   Other
-------------------------------------------------------------------------------------------
							
     Total*		14,333	  52.4%	     41.7%	2.8%	  2.0%	     .8%      .2%
							
Federal			 3,151	  37.0%      58.0%	2.2%	  1.7%	     .9%      .2%
   Vacate sentence	 1,973	  31.5	     63.5	2.2	  2.0	     .7	      .1
   Habeas corpus	   426	  49.8	     44.1	3.3	  1.2	    1.6	      --   
      Death penalty	    0	   --          --   	--   	   --        --       --   
      Other		  426	  49.8	     44.1	3.3	  1.2	    1.6	      --   
   Civil rights		  530	  49.6	     45.5	2.3	  1.3	     .6	      .8
   Other		  222	  30.6	     66.2	 .5	   .9	    1.8	      -- 
							
State		       11,177	  56.7%	     37.1%	3.0%	  2.1%	     .8%      .3
   Habeas corpus	3,957	  62.2	     31.5	3.7	  1.5	     .8	      .3
      Death penalty	  121	  14.0	     49.6      17.4	 17.4	     --      1.7
      Other		3,836	  63.7	     31.0	3.3	  1.0        .8	      .2
   Civil rights		7,170	  53.8	     40.1	2.5	  2.5	     .8	      .2
   Other		   50	  46.0	     48.0	6.0	   --        --       --   
							
*Includes 5 cases for which jurisdiction could not be determined.							
--No cases of this type occurred.							
Data source:  Administrative Office of the U.S. Courts, appellate data file (1995).  							

Appeals involving State inmates were more likely to be dismissed
than those involving Federal inmates.  During 1995,
approximately 57% of appeals involving State inmates were
dismissed compared to 37% of those involving Federal inmates. 
However, of those cases terminated on their merits, the courts
of appeal found an error in nearly twice as many cases involving
State inmates as Federal inmates: 13.6% of the appeals involving
State inmates were either reversed or remanded compared to 7.6%
of the appeals involving Federal inmates (not shown in a table).

The courts of appeal most often overruled the decisions of the
district courts in habeas corpus cases.  Of those cases for
which there was a judgment during 1995, 21.1% of habeas corpus
cases involving Federal inmates and 19% of those involving State
inmates were reversed or remanded, at least in part. 
Conversely, those cases addressing the constitutionality of
Federal prison sentences were the most likely (92%) to be
affirmed on appeal (not shown in a table).

Case processing time
**********************

Appeals involving prisoner petitions  terminated during 1995
took approximately 6 months (191 days), on average, to process
(table 12).  Half of the cases, however, took less than 5 months
(144 days).  Appeals involving Federal inmates took slightly
longer than those involving State inmates -- 222 days for
Federal inmates compared with to 182 days for State inmates. 
The longer case processing time for Federal petitions reflects,
in part, the longer case processing time (237 days, on average)
for petitions challenging the sentence imposed.

Table 12.  Case processing time for prisoner petitions 							
terminated in U.S. courts of appeal, 1985							
							
					Days between filing and termination
                                  -------------------------------------------					
						Percentiles
Jurisdiction and		  ---------------------------------			
type of petition	  Number  10th	25th	50th	75th	90th   Average
------------------------------------------------------------------------------
							
     Total*		14,333	   30	 72	144	252	403	190.9
							
Federal			 3,151	   45	104	184	288	438	221.7
   Vacate sentence	 1,973	   54	120	201	303	457	237.1
   Habeas corpus	   426	   41	 89	185	286	475	219.7
      Death penalty	     0	  --  	 --  	--  	--  	--  	   --  
      Other		   426	   41	 89	185	286	475	219.7
   Civil rights		   530	   34	 73	138	234	374	178.3
   Other		   222	   52	 89	142	265	407	192.6
							
State			11,177	   27	 67	133	240	390	182.2
   Habeas corpus	 3,957	   23	 66	143	270	415	195.1
      Death penalty	   121	    0	  2	282	492	899	340.8
      Other		 3,836	   24	 67	142	264	407	190.5
   Civil rights		 7,170	   29	 68	127	227	373	175.2
   Other		    50	   23	 75	126	201	362	163.5
							
*Includes 5 cases for which jurisdiction could not be determined.							
-- No cases of this type occurred.							
Data source:  Administrative Office of the U.S. Courts, civil data file (1995).  							

Generally, appeals involving civil rights petitions took the
least amount of time to process, on average: 178 days for
Federal petitions and 175 days for State petitions.  Ten percent
of these cases took about a month to conclude.

While those petitions that were dismissed because of
jurisdictional or procedural issues took the least amount of
time to process, these cases were on the courts' docket for
almost 4 months (116 days), on average (not shown in a table). 
Those cases that required oral hearings took the longest to
process -- more than a year, on average.

Similar to the differences at the district court level, cases
where counsel represented the inmate took much longer to process
than those in which the inmates represented themselves.  During
1995, cases in which counsel represented the inmate took about
50% longer (279 days, on average) to process than those in which the
inmate represented himself (180 days) (not shown in table).

----------------------------------------------------
Background information:  Types of prisoner petitions
----------------------------------------------------

----------------------------
Types of prisoner petitions
----------------------------

Pursuant to Federal law, Federal and State inmates are able to
file suits in the Federal courts to: (1) challenge the
constitutionality of their imprisonment (habeas corpus); (2)
redress civil rights violations by government officials; (3)
compel government officials to perform a duty owed to the
petitioner (mandamus);  and, (4) in the case of Federal inmates,
to challenge the constitutionality of the sentence imposed. 
(Although not addressed in this report, Federal inmates may also
file claims against prison administrators and guards under the
Federal Tort Claims Act (United States v. Muniz (1963).) Claims
filed pursuant to this act, however, are limited to those
seeking to redress damages or injuries arising from
administrative negligence.) (28 U.S.C.  2674.)

---------------
Habeas corpus
---------------

The writ of habeas corpus allows Federal and State inmates to
file petitions in the Federal courts challenging the
constitutionality of their imprisonment.  The basic principle of
the habeas corpus writ is that the government is accountable to
the courts for a person's imprisonment.  If the government
cannot show that the imprisonment conforms with the fundamental
requirements of law, the person is entitled to immediate release
(Fay v. Noia, 372 U.S. 391 (1963).)

Habeas corpus petitions were originally authorized in the U.S.
Constitution and were subsequently included in the Judiciary Act
of 1789 (U.S. Const. art. I,  9, cl. 2;  Judiciary Act of 1789,
Ch. 20, 1 Stat. 73 as codified at 28 U.S.C.  2241.)  The
Judiciary Act, as amended, provides that the Federal courts
shall have the power to grant writs of habeas corpus in all
cases where the person was restrained in violation of the
Constitution or any law of the United States and under the
authority of the United States.  While the Judiciary Act only
authorized the Federal courts to hear habeas corpus petitions
filed by Federal prisoners, subsequent legislation extended the
writ to prisoners held by the States (28 U.S.C.  2254.) 
However, State inmates are required to exhaust all remedies
available to them at the State level before filing a petition at
the Federal level (28 U.S.C.  2254(b).)

The Supreme Court has generally held that so long as there are
no procedural impediments, as defined by statute, an inmate can
raise most constitutional or jurisdictional claims in a habeas
petition (Brown v. Allen, 344 U.S. 443 (1953).)  The Court,
however, has restricted the use of habeas corpus to raise
constitutional claims -- such as fourth amendment claims of
illegally seized evidence -- that could have been adjudicated
either at trial or on direct appellate review (Stone v. Powell,
428 U.S. 465 (1976).)

Previous BJS reports indicated that "ineffective assistance of
counsel" was the most frequently cited reason for habeas corpus
petitions filed by State inmates -- 25% of habeas corpus
petitions cited ineffective counsel as the basis for the
petition.  Other commonly cited reasons include errors by the
trial court (15%), due process (14%), and self-incrimination
(12%) (Roger A. Hanson and Henry W.K. Daley, Federal Habeas
Corpus Review BJS Discussion Paper, NCJ-155504 (1995).)  In
concordance with Stone v. Powell, Fourth amendment claims of
illegal search and seizure are infrequent  -- 5% of habeas
corpus petitions surveyed cited illegal search and seizure as
the basis of the petition (Ibid.)

Civil rights
**************

Federal and State inmates may file suits in the Federal courts
alleging civil rights violations by government officials. The
foundation for these petitions originates in the 14th amendment 
to the U.S. Constitution.  The 14th amendment prohibits the States 
from "depriv[ing] any person from life, liberty, or property without
due process of law."( U.S. Const. amend. XIV,  1.)  The Civil
Rights Act of 1871 provided the mechanism for persons to seek
relief from constitutional deprivations.  Pursuant to 42 U.S.C.
 1983, State officials can be held liable for the deprivation
of any civil rights secured by the Constitution.  While this act
did not address violations by Federal officials, in 1971 the
Supreme Court extended the Civil Rights Act to cover violations
by Federal officials (Bivens v. Six Unknown Agents of the
Federal Bureau of Narcotics, 403 U.S. 388 (1971).)

Prison inmates, despite being expli-citly denied certain rights
such as freedom of movement and freedom from unreasonable
searches and seizures, do retain certain civil rights (Cooper v.
 Pate, 378 U.S. 546 (1964).)  The Supreme Court has held that to
some extent, inmates continue to enjoy the rights of religious
freedom, (Cruz v. Beto, 405 U.S. 319 (1972).) speech, (Pell v.
Procunier, 417 U.S. 817 (1974).) association, (Jones v. North
Carolina Prisoners' Labor Union, 433 U.S. 119 (1977).) and due
process (Wolff v. McDonnell, 418 U.S. 539 (1978).)  And, to a
greater extent, they enjoy the right to be free from racial
discrimination (Lee v. Washington, 390 U.S. 333 (1968).) and
cruel andunusual punishment (Rhodes v. Chapman, 452 U.S. 337
(1981).)  Recognizing that access to the courts by inmates is
necessary for the protection of these rights, the Supreme Court
has ruled that inmates are not barred from bringing lawsuits
against government officials (See, Ex parte Hull, 312 U.S. 546
(1941) and United States v. Muniz, 374 U.S. 150 (1963).)   Since
this decision, the Supreme Court has ruled on many cases
defining the scope of inmates' rights and their ability to use
the courts. 

Previous BJS reports indicated that physical security (21%),
medical treatment (17%), and due process (13%) are the most
frequently cited issues in civil rights petitions filed by State
inmates.  Issues such as freedom of religious expression (4%),
living conditions (4%), and assaults by guards (3%) are
relatively infrequent (Roger A. Hanson and Henry W. K. Daley,
Challenging the Conditions of Prisons and Jails, BJS Discussion
Paper, NCJ-151652, 1995.)  (Data describing the specific issues
were not available in the datasets used for this report.)

In 1980, Congress enacted the Civil Rights of Institutionalized
Persons Act (CRIPA) (Pub.  L.  No.: 96-247, 97 Stat.  349 (1980)
(codified in scattered sections of 42 U.S.C.).)  This act sought
to reduce the number of civil rights petitions filed in the
Federal courts by requiring inmates to exhaust State-level
administrative remedies before filing their petitions in the
Federal courts (42 U.S.C.  1997e.)  By requiring inmates to
exhaust the available administrative remedies, Congress sought
to reserve the Federal courts for more serious civil rights
violations or other significant constitutional issues.  Further,
to ensure that civil rights petitions are handled consistently
across States and institutions, the Act requires that the
institution's administrative procedures be certified by either
the Department of Justice or the local Federal district court. 
Inmates in facilities not certified are not required to exhaust
the institutional-level procedures before filing a petition in
Federal court.

Mandamus
**********

The writ of mandamus is a judicial remedy used to compel a lower
court or government officer to perform a duty owed to the
plaintiff (28 U.S.C.  1361.) Like habeas corpus, mandamus is an
extraordinary remedy, based in common law, that is only used
when the plaintiff has no other adequate means to attain the
desired relief (Ex parte Fahey, 332 U.S. 258 (1947). )  However,
the courts have held that mandamus can only be used to compel a
government official to perform a ministerial or nondiscretionary
duty ( Marquez-Ramos v. Reno, 69 F.3d 477 (1995).) 
Additionally, the Federal courts do not have jurisdiction to
issue writs compelling action by State courts and officials
(See, Gurley v. Superior Court of Mecklenburg County, 411 F.2d
586 (4th Cir. 1969).)  Consequently, mandamus petitions are
often dismissed: during 1995, more than 70% of mandamus
petitions filed by Federal and State inmates were dismissed
(table 5).

Compared to other prisoner petitions, mandamus petitions are
infrequent.  Mandamus petitions tend to be varied in nature and
specific to individual circumstances.  The courts have granted 
mandamus for limited uses such as the following: to direct lower
courts to hear and decide pending cases in a timely manner, 
( See, Johnson v.Rogers, 917 F.2d 1283 (10th Cir. 1990) but, 
see, In Re Hinton, 61 F.3d 900, 1995 WL 417865 (4th Cir.).) 
to permit inmates to file petitions in forma pauperis or pro se; 
(In Re Smith, 600 F.2d 714 (8th Cir.  1979); McNeil v. Guthrie, 
945 F.2d 1163 (10th Cir. 1991).) to compel the correction of a 
sentence computation; (Savage v. Henderson, 475 F.2d 78 (5th Cir. 1973);
Johnson v. Smith, 696 F.2d 1334 (11th Cir. 1983); Holmes v. U.S.
Board of Parole, 541 F.2d 1243 (7th Cir.  1976).) to compel a
State to prosecute an inmate while the inmate is in the custody of
another jurisdiction; ( Smith v. Hooey, 393 U.S. 374 (1969).) to
allow inmates to vote absentee, where permitted by law; (
O'Brien v. Skinner, 414 U.S. 524 (1974).) and, to compel the
payment of Federal witness fees to inmates (Demarest v.
Manspeaker, 498 U.S. 184 (1991).)

-------------------------------------------
Constitutionality of the sentence imposed
------------------------------------------

Federal inmates may file petitions in the Federal courts to have
a sentence vacated, set aside, or otherwise corrected upon the
ground that the sentence was imposed in violation of the
Constitution or other law of the United States, that the
sentencing court was without jurisdiction to impose the
sentence, or that the sentence was greater than the statutory
maximum authorized by law (28 U.S.C.  2255.) The basic
principle underlying these petitions is the same as that of
habeas corpus: if the imprisonment is unlawful, the inmate is
entitled to release (or a corrected sentence).  

While petitions challenging the sentence imposed are similar in
principle to habeas corpus petitions, in 1948, Congress
distinguished the two to address practical difficulties that had
arisen in administering the habeas corpus jurisdiction of the
Federal courts such as: (1) to reduce the number of habeas
corpus petitions filed by Federal inmates in those Federal
judicial districts where Federal correctional facilities are
located; and (2) to address practical considerations such as
evidence gathering and production of witnesses (Ibid.)  Since
habeas corpus petitions pertain to the legality of the
imprisonment (including an illegal sentence), inmates are
required to file habeas corpus petitions in the judicial
district in which they are imprisoned rather than the district
in which they were convicted and/or sentenced (Ahrens v.  Clark,
335 U.S. 188 (1948).)

Prior to the enactment of 28 U.S.C.  2255, the geographical
separation of the sentencing court and the Federal prison
presented a problem for the Federal courts:  habeas corpus
petitions were disproportionately concentrated in certain
judicial districts.  For instance, between 1942 and 1948, 63% of
all habeas corpus petitions filed by Federal inmates were filed
in 5 (Northern California, Northern Georgia, Kansas, Western
Washington, and Western Missouri) of the then 84 Federal
judicial districts (William H. Speck, "Statistics on Federal
Habeas Corpus," Ohio State Law Journal, vol. 10, 1949, pp.
337-352.)

At the request of the Federal judiciary, Congress created a new
statute that distinguished petitions challenging the sentence
imposed from those that otherwise challenged the
constitutionality of the imprisonment (28 U.S.C.  2255. )  This
new statute required inmates who challenged the sentence imposed
to file the petition in the district in which they were
originally sentenced (28 U.S.C.  1651(a).)  The remaining
habeas corpus cases would continue to be filed in the district
in which the inmate was confined.

-----------------------------------------------------------------
Recent Federal legislation addressing prisoner petitions

Prison Litigation Reform Act (Pub. L. No. 104-134, 110 Stat.
1321 (codified as amended in scattered sections of 18, 28, and
42 U.S.C.).

The Prison Litigation Reform Act, enacted in April 1996,
requires that before an inmate can file a civil rights action in
Federal court the inmate must --

* exhaust all available administrative remedies before filing
the case whether or not the facility's grievance procedures were
certified by the Department of Justice or the Federal court; and

* show physical injury in order to receive damages for mental or
emotional injury suffered while in custody.  

Additionally, the Act generally prohibits an inmate from filing
a petition in forma pauperis (as an indigent without liability
for court fees and costs) if the inmate has filed three or more
actions in Federal court that were dismissed as frivolous or
malicious or for failing to state a claim on which relief can be
granted.  Further, inmates filing petitions in forma pauperis
are required to pay the appropriate filing fees (and costs,
where applicable) from their existing assets or any funds
available to them through their trust fund accounts within the
correctional system.

This act also provides for sanctions to be imposed on Federal
inmates who abuse the court system.  The act authorizes the
Federal courts to order the revocation of any unvested good time
of Federal inmates whose petitions were dismissed because it was
filed for malicious purposes, solely to harass the other party,
or because the inmate presented false testimony or evidence. 

Antiterrorism and Effective Death Penalty Act (Pub. L. No.
104-132, 110 Stat. 1218 (codified as amended in scattered
sections of 28 U.S.C.).

The Antiterrorism and Effective Death Penalty Act, also enacted
in April 1996, addresses habeas corpus petitions that are filed
in the Federal courts.  Like the Prison Litigation Reform Act,
this act requires State inmates to exhaust all available
remedies at the State level before filing a habeas corpus
petition in Federal court.  Additionally, the Act establishes a
statute of limitation whereby both Federal and State inmates
have 1 year from the time their conviction becomes final --
after the direct appeals of their conviction and/or sentence are
exhausted -- to file a habeas petition in Federal court. 
However, if the inmate was provided counsel for any
post-conviction proceeding (such as direct appeal of the
conviction), then the petition must be filed within 6 months.

The act also requires successive petitions to be approved by a
panel of the applicable Federal court of appeals.  Successive
petitions are limited to cases that present newly discovered
evidence that would have undermined the jury's verdict or that
involve new constitutional rights that have been retroactively
applied by the Supreme Court.  Additionally, this act defined
the Federal courts' ability to adjudicate habeas corpus
petitions by State inmates.  The Federal courts are required to
show deference to the determination of the State courts,
provided that these determinations are neither "contrary to" nor
an "unreasonable application of" clearly established Federal law
as determined by the Supreme Court.  

-----------------------------------------------------------------


-------------
Methodology
-------------

The primary source of data for tables presented in this report
is the Federal Judicial Center (FJC) Integrated database.  The
Integrated Database is composed of the criminal, civil, and
appellate data files maintained by the Administrative Office of
the U.S. Courts.  These data are archived at the National
Archive of Criminal Justice Data by the FJC  (ICPSR 8429).  Data
tabulations, except where otherwise noted, were prepared from
BJS staff analysis of these databases.

Time-series data were compiled from the annual reports of the
Judicial Conference of the United States.  Prior to 1992, the
period reported by the Judicial Conference was July 1 through
June 30; beginning in 1992, however, the reporting period was
changed to October 1 through September 30 to correspond to the
Federal fiscal year.  No effort was made to correct for the
missing 3 months (7/92 to 9/92) of data.

**************
END OF FILE
**************