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Federal Prosecutor Terrorism Definition* Criminal Terrorism Referrals That Were Declined Fiscal Years 2004 - 2008 |
Reason Given by Assistant U.S. Attorney for Declining to Prosecute |
Number | Percent |
All | 5,995 | 100.0% |
Weak or insufficient admissible evidence | 1,328 | 22.2% |
Lack of evidence of criminal intent | 1,261 | 21.0% |
Agency request | 845 | 14.1% |
No federal offense evident | 571 | 9.5% |
Office policy | 309 | 5.2% |
Suspect to be prosecuted by other authorities | 292 | 4.9% |
No known suspect | 235 | 3.9% |
Lack of investigative resources | 195 | 3.3% |
Suspect being prosecuted on other charges (e.g., UFAPs) | 117 | 2.0% |
Lack of prosecutive resources | 106 | 1.8% |
Minimal federal interest or no deterrent value | 101 | 1.7% |
Civil, admin or other disciplinary alternatives | 95 | 1.6% |
Jurisdiction or venue problems | 65 | 1.1% |
Staleness | 62 | 1.0% |
Offenders age, health, prior record, or personal matter | 44 | 0.7% |
Pretrial diversion completed | 41 | 0.7% |
Juvenile suspect | 32 | 0.5% |
Suspect deported | 28 | 0.5% |
Suspect deceased | 26 | 0.4% |
Suspect serving sentence | 22 | 0.4% |
Witness problems | 21 | 0.4% |
Statute of Limitations | 18 | 0.3% |
Declined per instructions from DOJ | 15 | 0.3% |
Suspects cooperation | 14 | 0.2% |
Department Policy | 12 | 0.2% |
Suspect a fugitive | 8 | 0.1% |
Petite policy | 4 | 0.1% |
Citation filed | 2 | 0.0% |
Extradition | 2 | 0.0% |
Local Agency Referral Presented by Federal Agency | 2 | 0.0% |
By Action of the Grand Jury | 1 | 0.0% |
Final order of forfeiture-asset substituted | 1 | 0.0% |
* For details of definition see table. The reason was missing or there was an inconsistent code on 120 matters out of the 5,995. |