NCJ Number
78986
Date Published
1981
Length
118 pages
Annotation
This report examines the written guidelines issued by various U.S. Attorneys concerning the types of alleged violations of Federal criminal laws they will normally decline to prosecute. It is part of a larger study of declination policies and practices currently being conducted by the Department of Justice.
Abstract
Written declination guidelines are currently being used by 83 U.S. Attorneys' offices. They are promulgated in order to channel investigative and prosecutorial resources into high priority activities and away from low priority areas, and they appear to be performing that function effectively. The guidelines are typically prepared by U.S. Attorneys after consultation with Federal investigative agencies. Many factors are taken into account in formulating and applying guidelines, including the availability and likelihood of State or local prosecution, the seriousness of the crime and the injury or loss sustained, the defendant's prior record, and the strength and sufficiency of the Government's evidence. Written declination guidelines exist for over 40 categories of criminal offenses and are most frequently applied to the following categories of offenses: theft from interstate shipment, bank fraud and embezzlement, crimes on Government reservations, drug offenses, and others. The degree of diversity among the written declination policies of different districts varies from one category of offense to another. Without exception, the guidelines provide that unusual or aggravating circumstances should be considered before any complaint alleging a criminal offense is declined. Footnotes and tables are provided. An appendix presents a summary of written declination guidelines by category of offense. (Author summary modified)