DOJ-OGR-00023159.tif
57 KB
Extraction Summary
2
People
1
Organizations
0
Locations
0
Events
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Relationships
3
Quotes
Document Information
Type:
Legal/policy document (usam guidelines)
File Size:
57 KB
Summary
This document outlines guidelines from the USAM (§ 9-27.220, § 9-27.230, § 9-27.240) for federal prosecutors on making decisions to commence or decline prosecution. It details factors to consider, such as federal law enforcement priorities, the nature of the offense, the deterrent effect, the offender's culpability, criminal history, willingness to cooperate, and probable sentence, as well as considerations when deferring to prosecution in another jurisdiction. Footnotes provide additional context on federal prosecutorial priorities and the impact of an offense on the victim, cautioning against the perception that restitution alone can prevent prosecution.
People (2)
| Name | Role | Context |
|---|---|---|
| U.S. Attorney | Prosecutor |
Responsible for closing cases and making prosecution decisions.
|
| Federal prosecutor | Prosecutor |
Makes decisions regarding commencing or declining federal prosecution, and weighing considerations for prosecution.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| USAM |
United States Attorneys' Manual, a guide for federal prosecutors.
|
Key Quotes (3)
""Whenever a U.S. Attorney closes a case without prosecution, the file should reflect the action taken and the reason for it.""Source
DOJ-OGR-00023159.tif
Quote #1
""A federal prosecutor should commence or recommend prosecution if he or she believes that admissible evidence will probably be sufficient to obtain and sustain a conviction of a federal offense, unless (1) the prosecution would serve no federal interest; (2) the person is subject to effective prosecution in another jurisdiction; or (3) there exists an adequate alternative to prosecution.""Source
DOJ-OGR-00023159.tif
Quote #2
""care should be taken to ensure against contributing to an impression that an offender can escape prosecution merely by returning the spoils of his/her crime.""Source
DOJ-OGR-00023159.tif
Quote #3
Full Extracted Text
Complete text extracted from the document (2,820 characters)
him/her by an agency unless a statute provides otherwise." Whenever a U.S. Attorney closes a
case without prosecution, the file should reflect the action taken and the reason for it. USAM
§ 9-27.220 sets forth the grounds to be considered in making the decision whether to commence
or decline federal prosecution. A federal prosecutor should commence or recommend prosecution
if he or she believes that admissible evidence will probably be sufficient to obtain and sustain a
conviction of a federal offense, unless (1) the prosecution would serve no federal interest; (2) the
person is subject to effective prosecution in another jurisdiction; or (3) there exists an adequate
alternative to prosecution. A comment to this provision indicates that it is the prosecutor's task to
determine whether these circumstances exist, and in making that determination, the prosecutor
"should" consult USAM §§ 9-27.230, 9-27.240, or 9-27.250, as appropriate.
USAM § 9-27.230 sets forth a non-exhaustive list of considerations that a federal
prosecutor should weigh in determining whether a substantial federal interest would be served by
initiating prosecution against a person:
1.
Federal law enforcement priorities; 190
2.
The nature and seriousness of the offense; 191
3.
The deterrent effect of prosecution;
4.
The person's culpability in connection with the offense;
5.
The person's history with respect to criminal activity;
6.
The person's willingness to cooperate in the investigation
or prosecution of others; and
7.
The probable sentence or other consequences if the person
is convicted.
The USAM contemplates that, on occasion, a federal prosecutor will decline to open a case
in deference to prosecution by the state in which the crime occurred. USAM § 9-27.240 directs
that in evaluating the effectiveness of prosecution in another jurisdiction, the federal prosecutor
should weigh "all relevant considerations," including the strength of the other jurisdiction's
interest in prosecution, the other jurisdiction's ability and willingness to prosecute effectively, and
the probable sentence or other consequences the person will be subject to if convicted in the other
jurisdiction. A comment to this provision explains:
190 A comment to this provision directs the prosecutor to consider carefully the extent to which a federal
prosecution would be consistent with established federal prosecutorial priorities.
191
A comment to this provision explains that an assessment of the nature and seriousness of the offense must
also include consideration of the impact on the victim. The comment further cautions that when restitution is at issue,
"care should be taken to ensure against contributing to an impression that an offender can escape prosecution
merely by returning the spoils of his/her crime."
121
DOJ-OGR-00023159
case without prosecution, the file should reflect the action taken and the reason for it. USAM
§ 9-27.220 sets forth the grounds to be considered in making the decision whether to commence
or decline federal prosecution. A federal prosecutor should commence or recommend prosecution
if he or she believes that admissible evidence will probably be sufficient to obtain and sustain a
conviction of a federal offense, unless (1) the prosecution would serve no federal interest; (2) the
person is subject to effective prosecution in another jurisdiction; or (3) there exists an adequate
alternative to prosecution. A comment to this provision indicates that it is the prosecutor's task to
determine whether these circumstances exist, and in making that determination, the prosecutor
"should" consult USAM §§ 9-27.230, 9-27.240, or 9-27.250, as appropriate.
USAM § 9-27.230 sets forth a non-exhaustive list of considerations that a federal
prosecutor should weigh in determining whether a substantial federal interest would be served by
initiating prosecution against a person:
1.
Federal law enforcement priorities; 190
2.
The nature and seriousness of the offense; 191
3.
The deterrent effect of prosecution;
4.
The person's culpability in connection with the offense;
5.
The person's history with respect to criminal activity;
6.
The person's willingness to cooperate in the investigation
or prosecution of others; and
7.
The probable sentence or other consequences if the person
is convicted.
The USAM contemplates that, on occasion, a federal prosecutor will decline to open a case
in deference to prosecution by the state in which the crime occurred. USAM § 9-27.240 directs
that in evaluating the effectiveness of prosecution in another jurisdiction, the federal prosecutor
should weigh "all relevant considerations," including the strength of the other jurisdiction's
interest in prosecution, the other jurisdiction's ability and willingness to prosecute effectively, and
the probable sentence or other consequences the person will be subject to if convicted in the other
jurisdiction. A comment to this provision explains:
190 A comment to this provision directs the prosecutor to consider carefully the extent to which a federal
prosecution would be consistent with established federal prosecutorial priorities.
191
A comment to this provision explains that an assessment of the nature and seriousness of the offense must
also include consideration of the impact on the victim. The comment further cautions that when restitution is at issue,
"care should be taken to ensure against contributing to an impression that an offender can escape prosecution
merely by returning the spoils of his/her crime."
121
DOJ-OGR-00023159
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