when does a us attorney share evidence of criminal investigations with state attorney generals

In sensitive criminal matters, the United States Attorney or an appropriate Department of Justice official shall be notified of the basis for an inquiry as soon as practicable after the opening of the inquiry, and the fact of notification shall be recorded in writing.

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What is the Ohio Attorney General’s Bureau of criminal investigation?

The Attorney General’s Bureau of Criminal Investigation serves as Ohio’s crime lab and criminal-records keeper, and it offers expert, impartial investigative services to local, state and federal law enforcement agencies 24/7.

Who is the primary criminal investigative agency in the United States?

THE ATTORNEY GENERAL'S GUIDELINES ON GENERAL CRIMES, RACKETEERING ENTERPRISE AND DOMESTIC SECURITY/TERRORISM INVESTIGATIONS As the primary criminal investigative agency in the federal government, the FBI has the authority and responsibility to investigate all criminal violations of federal law not exclusively assigned to another federal agency.

When to notify the US Attorney of a criminal inquiry?

In sensitive criminal matters, the United States Attorney or an appropriate Department of Justice official shall be notified of the basis for an inquiry as soon as practicable after the opening of the inquiry, and the fact of notification shall be recorded in writing.

When does the FBI conduct a general crimes investigation?

(1) A general crimes investigation may be initiated by the FBI when facts or circumstances reasonably indicate that a federal crime has been, is being, or will be committed. The investigation may be conducted to prevent, solve, and prosecute such criminal activity. The standard of "reasonable indication" is substantially lower than probable cause.

When are criminal investigations terminated?

How long can the FBI investigate a terrorism case?

What is the FBI's purpose in conducting an investigation?

What are the FBI guidelines?

How long can the FBI investigate racketeering?

What is the FBI's primary responsibility?

What is the immediate purpose of a racketeering enterprise investigation?

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About this website

What is the Giglio rule?

Under the law, prosecutors must disclose any evidence that could call into question the. credibility of an individual testifying in trial or impede an investigation. This constitutional requirement applies to all witnesses, including law enforcement officers, in order to ensure a defendant gets a fair trial.

When must Brady material be disclosed?

Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995).

What does the U.S. attorney general investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

Are DOJ investigations confidential?

During an investigation or before trial, DOJ personnel generally may not provide to the media any information concerning a person's prior criminal record.

What are the three components of a Brady Violation?

The American Bar Association has instructed that a Brady violation has three elements: 1) the information must be favorable to the accused; 2) the information must have been suppressed by the government either willfully or inadvertently; and 3) prejudice must have ensued sufficient to undermine confidence in the ...

What is a Brady Violation when it comes to discovery issues?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.

What power does the US attorney general have?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

How powerful is the Attorney General?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

What's the difference between US attorney and Attorney General?

The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

How long do DOJ investigations last?

Statute of Limitations in Federal Crime Cases So if you have still not been charged after the time set by the statute of limitations, the investigation is effectively over. For most federal crimes, the statute of limitations is five years.

What is disclosure of evidence?

Disclosure of evidence refers to the process by which someone charged with a criminal offence is provided copies of, or access to, material from the investigation that is capable of undermining the prosecution case and/or assisting their defence. Disclosure has been the subject of scrutiny for over a decade.

What personal information is protected by the Privacy Act?

The Privacy Act of 1974, as amended to present, including Statutory Notes (5 U.S.C. 552a), Protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol.

What are two examples of officer actions that must be disclosed under the Brady rule?

Examples include the following: The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony. The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony.

What are the requirements of the Brady rule?

A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.

What is the Brady rule?

Brady material is derived from the United States Supreme Court case Brady v. Maryland in 1963. It established a rule that the prosecution has a constitutional duty of due process to disclose material evidence favorable to a defendant.

What is the Tom Brady rule?

The clarification…in effect a new rule…prohibits a defender on the ground, who hasn't been blocked or fouled directly into the quarterback, from lunging or diving at the quarterback's lower legs. Due to the injury suffered by Tom Brady last season, the rule is being referred to unofficially as the 'Brady Rule'.

FBI — Fact Sheet: Attorney General Consolidated Guidelines for FBI ...

The new consolidated guidelines to govern the FBI’s domestic operations will address in a comprehensive way the FBI’s investigation of crimes and threats to the national security and its ...

Attorney General Guidelines for Domestic FBI Operations

Mr. Chairman, Vice Chairman Bond, and Members of the Committee, thank you for the opportunity to appear before you today to discuss the Attorney General’s Guidelines for Domestic FBI Operations.

THE ATTORNEY GENERAL’S GUIDELINES ON FEDERAL BUREAU OF INVESTIGATION ...

E. “Appropriate Federal Prosecutor” means a United States Attorney or Section Chief in the Criminal Division of the Department of Justice (DOJ). F. “Joint Undercover Operation” means an undercover operation conducted jointly by the FBI and another law enforcement agency, except that an operation in which FBI

Attorney General’s Guidelines for FBI Investigations - Cornell University

THE ATTORNEY GENERAL'S GUIDELINES FOR FBI INVESTIGATIONS John T Ell ft On March 7, 1983, Attorney General William French Smith issued new guidelines for FBI investigations in the areas of domestic security,

The Attorney General's Guidelines for Domestic FBI Operations

PREAMBLE . These Guidelines are issued under the authority of the Attorney General as provided in sections 509,510,533, and 534 of title 28, United States Code, and Executive Order 12333.

When are criminal investigations terminated?

General crimes investigations and criminal intelligence investigations shall be terminated when all logical leads have been exhausted and no legitimate law enforcement interest justifies their continuance.

How long can the FBI investigate a terrorism case?

b. A domestic security/terrorism investigation may be initially authorized for a period of up to 180 days.

What is the FBI's purpose in conducting an investigation?

This section authorizes the FBI to conduct criminal intelligence investigations of certain enterprises who seek either to obtain monetary or commercial gains or profits through racketeering activities or to further political or social goals through activities that involve criminal violence. These investigations differ from general crimes investigations, authorized by Section II, in several important respects. As a general rule, an investigation of a completed criminal act is normally confined to determining who committed that act and with securing evidence to establish the elements of the particular offense. It is, in this respect, self-defining. An intelligence investigation of an ongoing criminal enterprise must determine the size and composition of the group involved, its geographic dimensions, its past acts and intended criminal goals, and its capacity for harm. While a standard criminal investigation terminates with the decision to prosecute or not to prosecute, the investigation of a criminal enterprise does not necessarily end, even though one or more of the participants may have been prosecuted.

What are the FBI guidelines?

These Guidelines provide guidance for all investigations by the FBI of crimes and crime-related activities. Investigations involving foreign intelligence, foreign counterintelligence and international terrorism matters are the subject of separate guidelines. The standards and requirements set forth herein govern the circumstances under which an investigation may be begun, and the permissible scope, duration, subject-matters, and objectives of an investigation.

How long can the FBI investigate racketeering?

b. A racketeering enterprise investigation may be initially authorized for a period of up to 180 days.

What is the FBI's primary responsibility?

As the primary criminal investigative agency in the federal government, the FBI has the authority and responsibility to investigate all criminal violations of federal law not exclusively assigned to another federal agency.

What is the immediate purpose of a racketeering enterprise investigation?

The immediate purpose of a racketeering enterprise investigation is to obtain information concerning the nature and structure of the enterprise , as specifically delineated in paragraph II D below, with a view to the longer range objective of detention, prevention, and prosecution of the criminal activities of the enterprise.

What is a state attorney general?

State Attorneys General. State attorneys general are unique constitutional officers in the U.S. legal and political landscape. With sweeping powers to launch investigations and bring actions on behalf of states or consumers, state attorneys general can have a profound impact on corporations, foundations, individuals and investors.

Who filed a complaint against an electric company in Connecticut?

an electric utility company in consolidated complaint proceedings filed at the Federal Energy Regulatory Commission by the Connecticut Attorney General, the Connecticut Department of Public Utility Control and the Connecticut Office of Consumer Goods

What is the job of a criminal investigator?

In the Federal Government, there are agencies that employ criminal investigators to collect and provide information to the United States Attorneys in the respective district. You may already know some of the agencies, such as: The investigators at these agencies investigate the crime and obtain evidence, ...

What is direct evidence?

Direct Evidence. A prosecutor evaluates a case, and uses all the statements and information they have to determine if the government should present the case to the Federal Grand Jury — one in which all the facts lead to a specific person or persons who committed the crime.

What is circumstantial evidence?

The second type of evidence is circumstantial evidence — statement (s) or information obtained indirectly or not based on first-hand experience by a person. Circumstantial evidence includes people’s impressions about an event that happened which they didn’t see.

What is the DEA?

Drug Enforcement Administration (DEA) Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) United States Secret Service (USSS) Homeland Security Investigation (DHS/HSI) The investigators at these agencies investigate the crime and obtain evidence, and help prosecutors understand the details of the case.

Is testimony of an eyewitness to a crime considered direct evidence?

Testimony of an eyewitness to a crime would be considered direct evidence because the person actually saw the crime. Testimony related to something that happened before or after the crime would be considered circumstantial.

Do you need a warrant for a search?

Searches usually require a search warrant, issued by a “neutral and detached” judge. Arrests also require probable cause and often occur after police have gotten an arrest warrant from a judge. Depending on the specific facts of the case, the first step may actually be an arrest.

What is the Bureau of Criminal Investigation?

The Attorney General’s Bureau of Criminal Investigation serves as Ohio’s crime lab and criminal-records keeper, and it offers expert, impartial investigative services to local, state and federal law enforcement agencies 24/7.

Why do we need accurate criminal records?

Accurate criminal records for background checks, so that parents , employers and everyone can feel at peace about school bus drivers, public workers and new hires.

When are criminal investigations terminated?

General crimes investigations and criminal intelligence investigations shall be terminated when all logical leads have been exhausted and no legitimate law enforcement interest justifies their continuance.

How long can the FBI investigate a terrorism case?

b. A domestic security/terrorism investigation may be initially authorized for a period of up to 180 days.

What is the FBI's purpose in conducting an investigation?

This section authorizes the FBI to conduct criminal intelligence investigations of certain enterprises who seek either to obtain monetary or commercial gains or profits through racketeering activities or to further political or social goals through activities that involve criminal violence. These investigations differ from general crimes investigations, authorized by Section II, in several important respects. As a general rule, an investigation of a completed criminal act is normally confined to determining who committed that act and with securing evidence to establish the elements of the particular offense. It is, in this respect, self-defining. An intelligence investigation of an ongoing criminal enterprise must determine the size and composition of the group involved, its geographic dimensions, its past acts and intended criminal goals, and its capacity for harm. While a standard criminal investigation terminates with the decision to prosecute or not to prosecute, the investigation of a criminal enterprise does not necessarily end, even though one or more of the participants may have been prosecuted.

What are the FBI guidelines?

These Guidelines provide guidance for all investigations by the FBI of crimes and crime-related activities. Investigations involving foreign intelligence, foreign counterintelligence and international terrorism matters are the subject of separate guidelines. The standards and requirements set forth herein govern the circumstances under which an investigation may be begun, and the permissible scope, duration, subject-matters, and objectives of an investigation.

How long can the FBI investigate racketeering?

b. A racketeering enterprise investigation may be initially authorized for a period of up to 180 days.

What is the FBI's primary responsibility?

As the primary criminal investigative agency in the federal government, the FBI has the authority and responsibility to investigate all criminal violations of federal law not exclusively assigned to another federal agency.

What is the immediate purpose of a racketeering enterprise investigation?

The immediate purpose of a racketeering enterprise investigation is to obtain information concerning the nature and structure of the enterprise , as specifically delineated in paragraph II D below, with a view to the longer range objective of detention, prevention, and prosecution of the criminal activities of the enterprise.