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GGD-77-86 1 (1978-02-27)

handle is hein.gao/gaobaawto0001 and id is 1 raw text is: DOCUMEIT RESUMN O5144 - [D06655763 U.S. Attorneys Do Not Prosecute many Suspected Viclators of Federal Laws. GGD-77-86; B-178610. Petruary 27v 1978. 29 pp. + 3 appendices (10 pp. ). Report to Departmnt of Justice; by Elmer B. Stuats, Comptroller General. Issue Area: Law Enforcement and Crise Prevention (500). Contact: General Government Div. Budgqet Function: Law Enforcement and Justice: rederal Law Enforcenant and Prosecution (751). congressional Relevance: Congress3 House Ccmmittee on the Judiciary; Senate Committee on the Judiciary. Authority: Speedy Trial Act of 19714 (18 U.S.C. 3161). (90 Stat. 2729; P.L. 914-577). Dyer act (18 u.s.C. 2312). S. 1613 (95th Cing.) • Federal agistrates Act. United States ttorneys are the chief law enforcement zepresentatives of the Attorney General in 94 Federal judicial districts throughout the country. U.S. Attorneys handle a wide variety of litigation for the Government, ranging ftrm prosecution of Federal criminal violatiots to representing the United States in environmental suits and other litigation. In addition, U.S. attorneo develop and investigate cases before grand lurieM and provide advice and assistance to .nforcement and regulatory agencies. Because of increased crime and limited staff resources# far more criminal complaints are received than can be prosecuted, and the U.S. attorneys must decide ubich cases to prosecute and which to decline. Findings/Conclusions: Yrom 1970 to 1976. U.S. attorneys declined to prosecute about 62% of the 1.2 million criminal complaints referred tLz then. many of these complaints could have been prosecuted if the U.S. attorneys had not believed that the circumstances of the coaes did not warrant the cost of Prosecution and/or staff was not available. In four judicial districts, at least 221 of the declined comp&ints during 1975 and 1976 were considered prosecutable. For many suspects, a judicial determination of quilt or innocence is never made; and, if guilty, suitable punishment is not imposed. Suspected violations of certain crimtal statutes are generalli not being prosecuted, and suspected violations of other criminal statutes are not being prosecuted unifotrly by U.S. attorneys. Recommendations: The Attorney General should: (1) review the priorities and guidelines of all U.S. attorneys to, make them as uniform as possible; and (2) develop for congressional ccnsideration a comprehensive proposal for dealing with complaints which am not being prosecuted because of workload. (RRS)

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