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3/ Barbituates only.

Amphetamines only.

5/ Figures are for various hallucinogens including LSD, peyote, and PCP.

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(18 U.S.C. SS1282, 1306, 1324 et seq.; 18 U.S.c. $5911, 1001, 1426, 1546) Summary of Written Declination Policies

Total Number of Districts with Written Declination Policies: 24

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In response to the Assistant Attorney General's request for written declination guidelines, United States Attorneys frequently sent not only the guidelines themselves, but copies of correspondence with investigative agencies and other material relating to the formulation and application of the guidelines. This material, along with the written guidelines themselves, provides the basis for the following discussion.

A. The Need for Written Declination Guidelines

Since law enforcement first began, law enforcement officials have had to make choices concerning which possible criminal offenses they were going to investigate and prosecute. If different people or agencies had investigative and prosecutorial responsibilities, there had to be coordination between them so that there was some compatibility between investigative and prosecutorial priorities.

When society was less complex, informal, unwritten understandings between investigator and prosecutor were adequate. The number of people and agencies involved was relatively small, so that oral declination guidelines provided sufficient guidance. Indeed, in some federal districts, typically the less populated ones, oral declination guidelines are still the rule. In other districts, correspondence between U.S. Attorneys and investigative agencies sometimes makes reference to "traditional oral

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declinations" which are now "reduced to writing.' Written

declination guidelines are thus, in most cases, the response of prosecutors to the perceived need to reduce to writing what had been informal, verbally communicated understandings. They promote continuity and consistency over time. Written guidelines, moreover, do not by themselves increase the number of complaints declined. They merely spell out in concrete terms existing declination policies, which are based on a district's past experience. Stated otherwise, without written guidelines, the same types and numbers of cases would likely be declined, but with much less efficiency.

In some instances, written guidelines are the result of requests by investigative agencies for more clarity regarding prosecutorial priorities. For example, a letter from an FBI field office to a U.S. Attorney, attached to the U.S. Attorney's response, contained the following history of particular written guidelines:

As you are aware, the vast majority of
cases in these categories (Theft from
Interstate Shipment, Theft of Government
Property, Crime on Government Reservations)
referred to (us) . . . are petty or minor
in nature. In the past, and in keeping
with the Bureau's policy, when such a case
is received by the FBI and there are no
unusual or aggravating circumstances, no
investigation is undertaken and the facts
of the case are immediately presented to
your office for a prosecutive opinion.
This procedure, however, by virtue of the
volume of cases involved in the above
categories, expends substantial manpower
in the mere administration of the cases.
In this regard, you advised that hence-
forth you would decline prosecution of
(the above-cited offenses) where loss
is not greater than $1,000 and where
there are no unusual or aggravating cir-
cumstances

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