Percent Change from 5 years ago (Including Magistrate Court)
Percent Change from 5 years ago (Excluding Magistrate Court)
Table 1. Criminal Prosecutions
The latest available data from the Justice Department show that during June 2022 the government reported 6757 new prosecutions.
According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 0.3 percent over the previous month.
The comparisons of the number of defendants charged are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys (see Table 1).
When monthly 2022 prosecutions of this type are compared with those of the same period in
the previous year, the number of filings was only slightly down (-1.2%).
Prosecutions over the past year are still much lower than they were five years ago.
Overall, the data show that prosecutions of this type are down 34.6 percent from levels reported in 2017.
The dip in
these cases is partly related to increases in the matters filed in U.S. Magistrate Courts. If magistrate cases
are excluded and only Federal District Court cases are counted, the overall decrease in
prosecutions is 18.4 percent instead of 34.6 percent.
The evidence suggests that part of the difference may be the result of improvements in the recording of the magistrate cases
by the Justice Department.
Figure 1. Monthly Trends in Prosecutions
The decrease from the levels five years ago in prosecutions for these matters is shown more clearly in Figure 1.
The vertical bars in Figure 1
represent the number of prosecutions of this type recorded on a month-to-month
basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court,
the magistrate filing date was used since this provides an earlier indicator of actual trends.
The superimposed line on the bars plots the six-month moving average so
that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.
Cases were classified by prosecutors into more specific types.
The largest number of prosecutions of these matters in June 2022 was for "Immigration", accounting for 35.4 percent of prosecutions. Prosecutions were also filed for "Withheld by Govt from TRAC (FOIA challen" (15.4%), "Drugs-Drug Trafficking" (15.2%), "Weapons-Operation Triggerlock Major" (10.1%), "Drugs-Organized Crime Task Force" (4%), "Other Criminal Prosecutions" (3.3%), "Assimilated Crimes" (2.7%), "Project Safe Childhood" (2.4%).
See Figure 2.
The lead investigative agency for prosecutions in June 2022
was DHS accounting for 44 percent of prosecutions referred.
Other agencies with substantial numbers of referrals were:
FBI (16% ), DEA (12%), ATF (11%), Local (3%).
See Figure 3.
Figure 2. Specific Types of Prosecutions
Figure 3. Prosecutions by Investigative Agency
Prosecutions in U.S. Magistrate Courts
Top Ranked Lead Charges
In June 2022, 3007 defendants were filed in U.S. Magistrate Courts.
These courts handle less serious
misdemeanor cases, including what are called "petty offenses." In
addition, complaints are sometimes filed in the magistrate courts before
an indictment or information is entered. In these cases, the matter
starts in the magistrate courts and later moves to the district court
where subsequent proceedings take place.
In the magistrate courts in June the most frequently cited lead charge was
Title 8 U.S.C Section 1326 involving "Reentry of deported alien". This was the lead charge
for 41.7 percent of all magistrate filings in June.
Other frequently prosecuted lead charges include: "08 USC 1324 - Bringing in and harboring certain aliens" (14.5%), "21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A" (5.7%).
Prosecutions in U.S. District Courts
In June 2022, 3750 defendants in new cases
for these matters were charged in the U.S. District Courts. In addition during June there
were an additional 2230 defendants whose cases moved from the magistrate
courts to the U.S. district courts after an indictment or information
was filed. The sections which follow cover both sets of cases and
therefore cover all matters filed in district court during June.
Top Ranked Lead Charges
Table 2 shows the top lead charges recorded in the prosecutions of matters
filed in U.S. District Court during June 2022.
"Reentry of deported alien" (Title 8 U.S.C Section 1326) was the most frequent recorded lead charge.
"Reentry of deported alien" (Title 8 U.S.C Section 1326) was ranked 1 a year ago, while it was ranked 1 five years ago.
Ranked 2nd in frequency was the lead charge "Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841.
"Drug Abuse Prevention & Control-Prohibited acts A" under Title 21 U.S.C Section 841 was ranked 2 a year ago, while it was ranked 2 five years ago.
Ranked 3rd was "Firearms; Unlawful acts" under Title 18 U.S.C Section 922.
"Firearms; Unlawful acts" under Title 18 U.S.C Section 922 was ranked 3 a year ago, while it was ranked 3 five years ago.
Among these top ten lead charges, the one showing the greatest
increase in prosecutions — up 2 percent — compared to one year ago was Title 8 U.S.C Section 1326
that involves " Reentry of deported alien ".
Compared to five years ago, the largest increase — 127.4 percent — was registered for
prosecutions under "Other US Code Section " (Title U.S.C Section ).
Again among the top ten lead charges, the one showing the sharpest
decline in prosecutions compared to one year ago — down 37.4 percent — was
" Importation of controlled substances " (Title 21 U.S.C Section 952 ).
Compared to five years ago, the most significant decline in prosecutions — 41.2 percent — was
for filings where the lead charge was " Attempt and conspiracy " (Title 21 U.S.C Section 846 ).
Top Ranked Judicial Districts
In June 2022 the Justice Department's case-by-case records show that the government brought 2186.2 prosecutions for every ten million people in the United States.
Understandably, there is great variation in the per capita number of prosecutions that are filed in each of the nation's ninety-four federal judicial districts.
The districts registering the
largest number of prosecutions per capita for these matters last month are shown in Table 3.
Districts must have at least 5 prosecutions to receive a ranking.
Table 3. Top 10 Districts (per ten million people)
The Western District of Texas (San Antonio) — with 13209 prosecutions as compared with 2186.2 prosecutions per ten million population in the United States — was the most active during June 2022.
The Western District of Texas (San Antonio) was ranked 2 a year ago, while it was ranked 1 for most frequent use five years ago.
The District of New Mexico ranked 2nd.
The District of New Mexico was ranked 6 a year ago, while it was ranked 5 for most frequent use five years ago.
Southern District of California (San Diego) is now ranking 3rd.
The Southern District of California (San Diego) was ranked 4 a year ago, while it was ranked 4 for most frequent use five years ago.
Recent entrants to the top 10 list were
Western District of Missouri (Kansas City), now ranked
, and North Dakota
In the same order, these districts ranked 18th and 43rd one year ago and 18th and 48th five years ago.
The federal judicial district which showed the greatest growth
in the rate of prosecutions compared to one year ago — 19.4 percent — was
New Mexico .
Compared to five years ago, the district with the largest growth — 150 percent — was
Washington, D.C. (Washington).
In the last year, the judicial District Court recording the
largest drop in the rate of prosecutions — 44.6 percent — was
Washington, D.C. (Washington).
But over the past five years,
showed the largest drop — 40 percent.
Top Ranked District Judges
At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new crime cases of this type during June 2022 are shown in Table 4.
All 10 of the "top ten" judges were in districts which were in the top ten with the largest number of filings per capit.
Judge Alia M. Moses in the Western District of Texas (San Antonio) ranked 1st with 260 defendants in cases.
Judge Moses appeared in the top ten rankings one year (ranked 1) and five years ago (rank 1).
Judge Walter David Counts, III in the Western District of Texas (San Antonio) ranked 2nd with 148 defendants in cases.
Judge Counts also appeared in the top ten rankings one year ago (ranked 2).
Judge Micaela Alvarez in the Southern District of Texas (Houston) ranked 3rd with 97 defendants in cases.
Judge Alvarez appeared in the top ten rankings one year (ranked 6) and five years ago (rank 4).