9. Crimes on Government Reservations

(18 U.S.C. Sections 7, 13, 661 et al.)

Thirty-six Districts have established guidelines for

dealing with crimes committed on Government reservations. They can best be presented by category of offense as follows: a. General Property Crimes. Thirty-five Districts have established dollar amounts below which prosecution of property offenses are generally declined. Nine Districts decline prosecutions if the property value is below $1,000 1/; five below $500 2/; three below $1,500; and three below $200. Two Districts decline below $5,000, two below $250; and one each below $4,000, $2,500, and $600.

Two Districts set a limit of $500 for thefts

from interstate shipment and $250 for destruction of Government property. Two Districts decline all prosecution if the property is not identifiable and set the limit on other prosecutions at $200. One District also declines cases where the goods are unidentifiable and otherwise sets the limit at $500. One District declines concurrent jurisdiction cases below $1,000 and exclusive jurisdiction cases below $500. One District declines cases of theft by a Government employee

1/ Four decline if exclusive jurisdiction cases. 2/ Two decline if exclusive jurisdiction cases.

of less than $500. If the subject is not a Government employee, the limit is $250. One District declines unknown subject cases where the amount involved is less than $1,000

and known subject cases under $500.

Several Districts make exceptions to these

strict dollar amounts if the theft involved firearms (4) or drugs (3) or if a crime against a person was committed (2). b. Fraudulently Cashed Checks or Insufficient Funds Cases. Three Districts decline prosecution of all insufficient funds cases. Two Districts decline prosecution when the amount of the checks is below $1,000; two Offices decline cases below $250; and one each below $500, $200, and $100.

C.

Fraudulent Use of Credit Cards. Six Districts decline all prosecution of these cases and one District foregoes prosecutions if the amount of the theft is less than $1,000. d. Vandalism. Six Districts decline prosecution in vandalism cases unless there was "significant destruction." One District declines prosecution if the damage was less than $600 and one District declines if the damage done was under $100.

e. Narcotics. Three Districts decline prosecution of marijuana possession cases involving less than one ounce of narcotics. One District declines possession cases for misdemeanor amounts and one District declines all simple possession cases. One District declines simple possession cases of five ounces or less of marijuana, one ounce or less of heroin, cocaine or amphetamines and 500 units or less of LSD.

f. Breaking and Entering.

Four Districts generally

decline prosecution of breaking and entering charges. Two Districts decline if the amount of loss or damage is under $1,000. One District declines if there is concurrent jurisdiction with the state and the amount of loss is under $1,000.

g. Auto Theft. Four Districts decline to prosecute thefts of automobiles when the subject initially had permission to use the vehicle.

h.

Robbery.

One District declines prosecution

of robbery cases if the amount taken was below $500 and there is concurrent jurisdiction with the state. It declines cases below $100 when the Federal Government has exclusive juris

diction.

(18 U.S.C. Sections 1651 et seq.)

One District's policy for crimes on the high seas is to decline property crimes involving less than $5,000, and to consider for prosecution only serious personal crimes (i.e., murder, kidnapping, rape) that have been investigated by the FBI. One District's policy is to decline cases involving stowaways in which the subject is an alien. These cases are referred to the Immigration and Naturalization Service for deportation.

11.

Dealing in Firearms Without a License
(18 U.S.C. Section 922(a))

Eight Districts have a declination policy concerning firearms violations involving dealing without a license. The general rule in seven Districts is to decline cases where a collector or beneficiary engages in an occasional sale or trade transaction to dispose of a collection or inheritance. All seven Districts also decline cases on the basis of the number of sales involved. 1/ Six Districts are more disposed to decline cases if the firearms being sold were primarily handguns. All eight Districts decline cases where it can be shown that the dealer had no reason to believe that the purchaser intended to use the firearm in a criminal venture. One District, in addition, declines cases where it can be established that the dealer did not offer for sale all of the firearms in his or her possession. Two Districts decline cases where an agent in any undercover purchase has not officially advised the dealer that dealing in firearms without a license is illegal. One District declines cases where the transfers are made to informants and not agents.

1/ One District sets the minimum at three separate transfers on three separate occasions and one District sets it at five separate transactions that involve a total of ten or more guns.