NCJ Number
248035
Date Published
August 2014
Length
55 pages
Annotation
The U.S. Justice Department presents its calendar year 2013 report to Congress on Indian Country Investigations and Prosecutions, as required under Section 212 of the Tribal Law and Order Act (TLOA).
Abstract
The data presented in this report address only those offenses reported to the FBI and Federal prosecutors. Notably absent are the majority of criminal offenses committed, investigated, and prosecuted in tribal justice systems. Four types of case-specific information are included in this report: the type of crimes alleged, the status of the accused as Indian or non-Indian, the status of the victims as Indian or non-Indian, and the FBI's reason for deciding against referring the investigation for prosecution or the reason an US. Attorney's Office (USAO) decided to decline or terminate prosecution. Seven general conclusions are drawn from the reported data. First, a majority of criminal investigations opened by the FBI were referred for prosecution. Second, a majority of criminal cases opened by USAOs were prosecuted. Third, the most common reason investigations were closed administratively without referral for prosecution was that no Federal crime was committed. Fourth, all but 30 of the 164 death investigations closed administratively were due to causes other than homicide. Fifth, USAO data indicate that 34 percent (853) of all Indian County submissions for prosecution (2,542) were declined for prosecution. Sixth, The most common reason for declining to prosecute was insufficient evidence (56 percent). Seventh, the next most common reason for USAOs' decision not to prosecute was referral to another prosecuting authority (21 percent). 13 tables, 4 figures, and appended supplementary information