The proportion of criminal defendants who are sentenced to imprisonment has increased dramatically between 1982 and 2002. Consequently, today far fewer defendants receive sentences other than prison, than they did in 1982.

Of the 70, 882 criminal defendants sentenced in the 12-month period ending September 30, 2002, 56,686, or 80 percent received sentences of imprisonment, with an average sentence of 56.9 months. Twenty-six percent of those imprisoned received prison terms of 60 months or longer. Of the defendants not receiving imprisonment, 17 percent or 11,769 received sentences of probation, averaging 33.5 months; and 2,427, just 3 percent, paid a fine only.

Twenty years ago, of the 32,252 criminal defendants sentenced in the twelve-month period ending June 30, 1982, 49 percent received sentences of imprisonment, 39 percent were placed on probation, and 11 percent were ordered to pay a fine only. Twenty-four percent of the imprisoned defendants served terms of imprisonment more than 60 months.

According to the Bureau of Justice Statistics, by year-end 2002, the federal system was the largest prison system in the country with 163,528 inmates, a 4.2 percent increase over year-end 2001. Federal prisons were operating at 33 percent above capacity. Prisoners sentenced for drug offenses constituted the largest group of federal inmates, 55 percent, in 2001. The number of immigration offenders rose from 3,420 in 1995 to 15,012 in 2001. By September 30, 2001, immigration violators represented over 10 percent of all federal inmates.