NCJ Number
232783
Date Published
December 2010
Length
35 pages
Annotation
This study examined how many Indian country criminal cases were referred to U.S. Attorneys' offices (USAOs) and the rates such cases were declined for prosecution in fiscal years 2005 through 2009, along with the reasons for these declinations as recorded in the U.S. Justice Department's case management system.
Abstract
In fiscal years 2005 through 2009, USAOs resolved approximately 9,000 of the approximately 10,000 Indian country matters refereed to their offices by filing for prosecution, declining to prosecute, or administratively closing the matter. USAOs declined to prosecute 50 percent of the 9,000 matters. Declination rates tended to be higher for cases that involve violent crimes, which were declined 52 percent of the time; nonviolent crimes were declined for prosecution 40 percent of the time. The U.S. Department of Justice's case management system cited 32 possible reasons associated with decisions not to prosecute Indian country matters. Three of those reasons were associated with 65 percent of the declinations: "weak or insufficient admissible evidence" (42 percent), "no Federal offense evident" (18 percent), and "witness problems" (12 percent). Crimes committed in Indian country may be under the jurisdiction of Federal, State, or tribal governments, depending on the identity of the offender and victim (Indian or non-Indian), the nature of the alleged crime, the State in which the alleged crime occurred, and whether the crime was committed in Indian country as defined by Federal statute. Depending on the specific combination of factors in a given crime, the U.S. Attorneys may have jurisdiction to prosecute crimes committed in Indian country. 18 tables and 4 figures