Step 1: Map Jurisdiction Charges to NPDWS Case Types
Map Jurisdiction Charges into NPDWS Case Types
The provider must first map the jurisdiction’s criminal code (i.e., all the possible criminal charges that a client could be charged with) to a NPDWS case type. This is an onerous task, but it only needs to be completed once. After it is completed, a provider should only adjust this mapping to account for new statutory changes (e.g., new sentencing enhancements or reductions).
In defining the case types, the NPDWS report offers three types of guidance: (1) a description of the types of cases that fit within each case type, (2) examples of some charges that might fit within those definitions, and (3) an expected sentencing range for the case type. The table below shows the case type definitions provided in the NPDWS at 58-59 (Table 3.3).
NPDWS Case Types
|
Case Type |
Description |
Sentencing Range |
Examples |
|
01: FELONY – HIGH – LWOP |
Felonies with possible sentences of life without parole (LWOP) |
Life without parole |
|
|
02: FELONY – HIGH – MURDER |
Non-LWOP felonies involving intentional killing of a person |
Up to life with possibility of parole |
First degree murder; malice murder; second degree murder; felony murder |
|
03: FELONY – HIGH – SEX |
Non-LWOP felonies involving serious sex offenses |
More than 15 years (including life with possibility of parole) |
Rape; aggravated sexual assault; child sex abuse; child pornography with victim |
|
04: FELONY – HIGH – OTHER |
Non-LWOP felonies (including DUIs resulting in death), other than charges falling into the high felony categories for murder or serious sex offenses |
More than 15 years (including life with possibility of parole) |
Negligent homicide; manslaughter; aggravated assault; assault with a deadly weapon; kidnapping |
|
05: FELONY – MID |
Felonies (including DUIs resulting in death), including serious property crimes, serious drug distribution crimes, and less serious violent crimes |
Possible sentences of 3 to 15 years |
Arson; armed robbery; grand theft; breaking and entering; drug distribution or manufacturing; battery |
|
06: FELONY – LOW |
Felonies (including DUIs resulting in death), including less serious property crimes, less serious drug felonies, and minor crimes of violence |
Possible sentences of up to 2 years |
Theft; larceny; burglary; simple assault |
|
Case Type |
Description |
Sentencing Range |
Examples |
|
07: DUI – HIGH |
Repeat DUIs, serious DUIs, and DUIs causing non-fatal injuries (can be a felony or misdemeanor) |
Possible sentences of more than 2 years |
|
|
08: DUI – LOW |
First or successive DUIs (typically misdemeanors) |
Possible sentences of up to 2 years |
|
|
Case Type |
Description |
Sentencing Range |
Examples |
|
09: MISDEMEANOR – HIGH |
Serious misdemeanors (other than DUIs) involving enhanceable misdemeanors (such as misdemeanors triggering repeat offender sentencing), sex misdemeanors, or violent misdemeanors |
Any |
Domestic violence; misdemeanor assault; misdemeanor animal cruelty; exposure |
|
10: MISDEMEANOR – LOW |
Less serious misdemeanors (other than DUIs or those falling into the high misdemeanor category) |
Any |
Petty theft; drug possession; drug paraphernalia; trespass; status offenses; criminal traffic offenses |
|
Case Type |
Description |
Sentencing Range |
Examples |
|
11: PROBATION/PAROLE VIOLATIONS |
Probation or parole violations derived from either felony or misdemeanor offenses |
Any |
|
These three definitions (description, sentencing range, example) may not always align. A state charge might fit within the definition of one case type, but the sentencing guideline for the charge may fit within another. The provider will need to use their discretion in determining the most appropriate case type.
Example 1: In Jurisdiction X, first degree burglary is defined as entering a dwelling unlawfully with an intent to commit a crime therein if either (1) armed with a deadly weapon or (2) causing physical injury to any person who is not a participant in the crime. First degree burglary is punishable by up to 20 years in prison. Under the NPDWS, burglary is listed as an example of a Felony-Low charge, but the jurisdiction’s maximum possible sentence of up to 20 years in jail places this charge in the expected sentencing range for Felony-High-Other. In this circumstance, the provider should consider the common sentences for this charge, as well as how much attorney work relates to the facts related specifically to first degree burglary (here either a deadly weapon or bodily injury). Given these factors, the provider could map this charge as either Felony-Mid or Felony-High-Other, rather than Felony-Low.
Example 2: In Jurisdiction Y, manufacturing an illegal narcotic is punishable by up to 20 years in prison. Under the NPDWS case types, drug manufacturing is listed as an example of a Felony-Mid charge, but the maximum possible sentence of up to 20 years in jail places this charge in the expected sentencing range for Felony-High-Other. In this circumstance, the provider might consider the actual sentences for this charge, as well as how much the higher potential sentences increases the attorney work on these cases. Based on these facts, the provider would determine whether to define this charge as a Felony-Mid case or a Felony-High-Other case.
Once all potential charges are mapped to the NPDWS case types, this map will dictate how the provider sorts their historical caseloads into the NPDWS case types.
FAQ: Mapping Charges to Case Types
Absent data on how often the prosecutors pursued LWOP in murder cases, all murder cases should be categorized as Felony-High-Murder cases (the lower case type). Any resulting report should note that the estimated need is conservative because the provider did not have the data to separate out LWOP cases from murder cases and counted all such cases as Felony-High-Murder (the lower case type). The provider should consider beginning to track the number of murder cases in which LWOP is pursued.
But I want to show how many of our murder cases are LWOP, is there anything I can do?
The provider could review a number of past murder cases to determine the rate at which prosecutors sought LWOP. This type of sampling establishes the rate at which LWOP in a subset of cases. The rate can then be applied to all murder cases to estimate how many should be categorized as Felony-High-LWOP. To determine an appropriate sample size, the provider should consult a researcher.