of property involved is used by 52 of 61 districts as a declination-determining factor. This is shown in the summary of written declination policies for Theft from Interstate Shipment presented on the following page as Table 2. The history and circumstances of the defendant includes the defendant's past involvement in criminal activity, his or her possible connections with other alleged criminal offenders or offenses, and his or her age, health and mental capacity. The availability of alternatives to federal prosecution usually means State or local prosecution, but may also include pre-trial diversion and civil enforcement proceedings. Some of these factors are illustrated in the summary for Theft from Interstate Shipment shown in Table 2. Written declination guidelines demonstrate differing degrees of variation in the ranges and distributions of declination cut-off points (e.g., monetary value, quantity of drugs) from district to district and from offense to offense. The variation among districts is illustrated again by the policies with respect to Theft from Interstate Shipment. As Table 2 shows, the range of declination cut-off points goes from $100 to $5,000 in property value, with many districts clustered around $500 (15 districts), $1,000 (11 districts), and $5,000 (10 districts). The declination cut-off points for other offenses are differently distributed across ranges of differing size. These variations across districts and across offenses are easily seen by reviewing Tables 3 through 12 on the following pages. These Tables summarize the written This figure reflects the total number of districts where such a case may be declined according to written guidelines. declination policies for the other ten offenses listed above those most frequently subject to written declination guidelines. One other important general characteristic of written declination guidelines must be understood in reviewing them and evaluating their significance. Despite the fact that they are sometimes called "blanket" guidelines, they are not ironclad nor are they mechanically applied. This common trait is discussed in greater detail in a subsequent section of this report. The significant fact is that written guidelines, either explicitly or implicitly, require that unusual or aggravating circumstances be considered before any alleged criminal offense is not prosecuted. TABLE 3 INTERSTATE TRANSPORTATION OF STOLEN PROPERTY (18 U.S.C. $2314) Total Number of Districts with Written Declination Policies: 51 This figure reflects the total number of districts where such a case may be declined according to written guidelines. 2/ If unknown suspect. TABLE 4 BANK FRAUD AND EMBEZZLEMENT (18 U.S.C. SS 656, 657) Total Number of Districts with Written Declination Policies: 51 1/ This figure reflects the total number of districts where such a case may be declined according to written guidelines, 2/ Where "single teller" involved and prosecution deferrable to local District Attorney. |