who besides fbi can recommend prosecution to attorney general

What should a federal prosecutor look for in a case?

In addition, the federal prosecutor should be alert to any local conditions, attitudes, relationships, or other circumstances that might cast doubt on the likelihood of the other authorities conducting a thorough and successful prosecution. Probable Sentence Upon Conviction.

Can the government prosecute a person for a federal offense?

However, the attorney for the government’s belief that a person's conduct constitutes a federal offense and that the admissible evidence will probably be sufficient to obtain and sustain a conviction is not sufficient standing by itself to commence or recommend prosecution.

Who prosecutes criminal cases?

Public prosecutors (i.e. district attorneys) today conduct almost all criminal prosecutions. The United States Supreme Court has quashed the right of private prosecution in federal court.

When does the Attorney for the government commence or recommend prosecution?

The attorney for the government should commence or recommend federal prosecution if he/she believes that the person's conduct constitutes a federal offense, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction, unless (1) the prosecution would serve no substantial federal interest; (2) the person is sub...

What is the government's position during the sentencing process?

When a plea of Nolo contendere is offered over the government's objection, should the prosecutor take?

What are the principles of federal prosecution?

What is the nature and seriousness of an offense?

How does an offense affect the community?

What is the fact that a particular prosecution is part of a larger federal law enforcement initiative that serves a substantial?

What is internal office procedure?

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Who is responsible for prosecuting federal crimes?

U.S. attorneysProsecutors. Federal criminal prosecutions are handled by U.S. attorneys, who are appointed by and ultimately responsible to the U.S. Attorney General. State prosecutors—sometimes called district, state, county, or city attorneys—prosecute violations of state and local law.

Who investigates the US attorney general?

The State Bar of CaliforniaThe State Bar of California takes complaints against attorney, investigates those complaints and prosecutes attorneys against whom allegations of unethical conduct appear to be justified.

Does the attorney general control the FBI?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

Who appoints a federal prosecutor?

The PresidentThe President appoints a United States Attorney to each of the 94 federal districts (Guam and the Northern Mariana Islands are separate districts but share a United States Attorney).

Who is higher FBI or Homeland Security?

US Department of Homeland Security is most highly rated for Compensation and benefits and Federal Bureau of Investigation (FBI) is most highly rated for Compensation and benefits....Overall Rating.Overall Rating3.84.3Management3.23.8Culture3.54.03 more rows

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 law enforcement agency has the most power?

The Department of Justice is the law enforcement agency with the most power in the United States. In fact, its job is to enforce federal laws. The Department of Justice is led by the attorney general, a cabinet-level official who is appointed by the president. The FBI is part of the Department of Justice.

Who does the US Attorney General report to?

President of the United StatesUnited States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consent13 more rows

Who is the boss of the director of the FBI?

the Attorney General of the United StatesThe FBI is an agency within the Department of Justice (DOJ), and thus the Director reports to the Attorney General of the United States.

Who is the boss of a U.S. attorney?

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 many prosecutors are there in the US?

There are over 9,488 prosecutors currently employed in the United States.

How many prosecuting attorneys are there in the US?

There are 93 U.S. Attorneys located throughout the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. U.S. Attorneys are appointed by, and serve at the discretion of, the President, with the advice and consent of the Senate.

Who does the FBI director report to?

the Attorney General of the United StatesThe FBI Director is appointed for a single 10-year term by the President of the United States and confirmed by the Senate. The FBI is an agency within the Department of Justice (DOJ), and thus the Director reports to the Attorney General of the United States. J. Edgar Hoover Building, Washington, D.C.

What does the US 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.

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 can the FBI hold you without charging you?

Unlike other states that have 72-hour time limits, the state of California requires that every person arrested receive a charge or be let go within 48 hours of the arrest. A person that is arrested for any reason must be brought before a judge within 48 hours of arrest at the very latest.

Chapter 5 Flashcards | Quizlet

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9-28.000 - Principles of Federal Prosecution Of Business Organizations

9-28.200 - General Considerations of Corporate Liability. A. General Principle: Corporations should not be treated leniently because of their artificial nature nor should they be subject to harsher treatment.Vigorous enforcement of the criminal laws against corporate wrongdoers, where appropriate, results in great benefits for law enforcement and the public, particularly in the area of white ...

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Standards for the Prosecution Function - American Bar Association

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9-2.031 Dual and Successive Prosecution Policy (Petite Policy)

9-2.031 Dual and Successive Prosecution Policy ("Petite Policy") A. Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on

What is racketeering enterprise?

A racketeering enterprise investigation may be authorized by the Director or designated Assistant Director upon a written recommendation setting forth the facts and circumstances reasonably indicating the existence of a racketeering enterprise whose activities involve violence , extortion , narcotics, or systematic public corruption. In such cases the FBI shall notify the Attorney General or his designee of the opening of the investigation. An investigation of a racketeering enterprise not involved in these activities may be authorized only by the Director upon his written determination, concurred in by the Attorney General, that such investigation is warranted by exceptional circumstances. In all investigations, the Attorney General may, as he deems necessary, request the FBI to provide a report on the status of the investigation.

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.

What is the purpose of the racketeering section?

This section focuses on investigations of organized crime. It is concerned with investigation of entire enterprises, rather than individual participants in specific criminal acts, and authorizes investigations to determine the structure and scope of the enterprise as well as the relationship of the members. Except as specified below, this authority may be exercised only when the activity engaged in by the racketeering enterprise involves violence, extortion, narcotics, or systematic public corruption.

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.

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 restitution in criminal law?

Restitution is a monetary payment made by an offender to the victim to compensate the victim for the financial harm caused by the crime. In some cases, restitution is a mandatory component of the sentence, and the judge must order to offender to pay it.

What is a probation officer?

But before the court does so, a probation officer will conduct a background investigation. The probation officer will investigate any aggravating and mitigating factors present in the case and will prepare a pre-sentence report summarizing those factors for the judge. Most reports contain a variety of information that may be helpful to the court: e.g., information about the offender’s prior criminal record, personal characteristics, financial condition, social history, and circumstances affecting his or her behavior, as well as information regarding the effect of the crime on the victim.

How does the guilt phase work?

The guilt phase generally begins with the prosecutor’s opening statement. The defense has the option of making its own opening statement immediately afterwards or reserving its opening statement for the beginning of its case-in-chief. The prosecutor then presents the government’s proof through physical evidence and witnesses. The defense is entitled to cross-examine any witnesses questioned by the government. Once the government has completed its case, the defense may move the court to acquit the defendant, on the ground that there is legally insufficient evidence to convict. If the court denies the defense motion, the defense may present its own case, and the prosecutor may cross-examine any witnesses presented by the defense. Following the defense case, the prosecutor may present evidence to rebut the defendant’s case. Once the prosecutor concludes its rebuttal case, the defense again can move for an acquittal. If the court denies that motion, the parties present their closing arguments: first the prosecutor, then the defense, and finally the prosecutor again (the government goes first and last because it has the burden of proof). Following closing arguments, the judge will instruct the jury on the relevant law for it to apply. Afterwards, the jury will retire to decide the case. When the jury has reached its decision, the jury will return to the courtroom and announce its verdict. If there is no jury, the judge will deliberate and return a verdict.

What happens if a grand jury returns an indictment against a suspect?

If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings.

How soon after arrest can you make an initial appearance?

This initial appearance generally will occur as soon as practicable following arrest and must occur before 72 hours have passed. At the initial appearance, the court will inform the arrestee of the charges and advise him or her of the rights to counsel and to remain silent.

What is the purpose of a federal investigation?

If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. Two points should be kept in mind:

What is white collar crime?

In the case of federal offenses that are colloquially known as white-collar crimes (e.g., violations of the federal securities laws), agents often will need to obtain documents from suspects and innocent parties as part of the investigation.

What happens if a prosecutor abuses the office?

And, if a given prosecutor abuses the office, by going outside the scope of their official duty, they are subject to legal claims of “malicious prosecution.’ . But, because their normal legal immunity is so expansive, it is very difficult to prove the misuse of power in a given case.

When was the FBI created?

As an integral part of the department, the Federal Bureau of Investigation is supposed to share in that tradition. From its creation in 1908 , the FBI has cultivated a reputation of trust with the American public; in fact, it is one of the most successful federal agencies in maintaining the esteem of average Americans.

When did the President have an attorney general?

WE CHECKED THE CONSTITUTION, AND…. From the beginning of the new national government in 1789 , the president has had an attorney general to act as a legal adviser. For a time, actually prosecuting criminals was a sideline for that officer.

Did Lynch say she would defer to the FBI?

Legal conclusions have already been drawn by the FBI’s team, and Attorney General Lynch has already said that she would defer to whatever the Bureau recommended to her. That will be the judgment that emerges from the Department of Justice.

Is there a way to avoid political controversy in an FBI investigation?

No matter how impartial the FBI may be in conducting such an investigation, or a federal prosecutor may be in deciding what to do with the results of an FBI investigation, there is almost no way to avoid political controversy in such a case.

Is the Supreme Court a prosecutor?

The Supreme Court has raised the role of prosecutor to a level of eminence that is close to that of a judge. Judges have long been immune to being sued for the way they perform their tasks on the bench, and the Supreme Court – in a famous decision in 1976, in the case of Imbler v.

Who is the National Constitution Center's constitutional literacy adviser?

July 6, 2016 by Lyle Denniston. Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the FBI and Attorney General’s role in deciding to press charges in high-profile cases, which can suddenly gain a lot of visibility when a criminal investigation is aimed at a prominent political figure.

What is the FBI?

The FBI is a primary law enforcement agency for the U.S. government, charged with enforcement of more than 200 categories of federal laws. The DEA is a single-mission agency charged with enforcing drug laws. The ATF primarily enforces federal firearms statutes and investigates arsons and bombings.

What is the typical day for FBI agents?

Our agents enforce many different federal laws and perform various roles in the Bureau, so there really is no such thing as a “typical day” for an FBI agent. Agents in our field offices, for example, could be testifying in federal court one day and executing a search warrant and gathering evidence the next. Over the course of a week, they might meet with a source to gather intelligence on illegal activities; make an arrest; and then, back in the…

What is the FBI's role in law enforcement?

The FBI has long believed that cooperation is the backbone of effective law enforcement . The Bureau routinely cooperates and works closely with all federal law enforcement agencies on joint investigations and through formal task forces—both national and local—that address broad crime problems and national security threats. In April 2002, the FBI’s Office of Law Enforcement Coordination (now the Office of Partner Engagement) was established to build bridges, create new partnerships, and strengthen and support existing relationships between…

What does FBI stand for?

The FBI stands for Federal Bureau of Investigation. “Federal” refers to the national government of the United States. “Bureau” is another word for department or division of government. “Investigation” is what we do—gathering facts and evidence to solve and prevent crimes.

Why does the FBI conduct an investigation?

The FBI may conduct an investigation in order to obtain sufficient facts concerning the allegation. If there is a question as to whether or not a federal violation has occurred, the FBI consults with the U.S. Attorney’s office in the district where the alleged offense took place.

What is the purpose of the wiretap?

It is used infrequently and only to combat terrorism and the most serious crimes. Title 18, U.S. Code, Section 2516, contains the protocol requiring all law enforcement officers to establish probable cause that the wiretaps may provide evidence of a felony violation of federal law.

What is concurrent jurisdiction?

In law enforcement, “concurrent jurisdiction” may exist, where a crime may be a local, state, and federal violation all at the same time. Task forces typically focus on terrorism, organized crime, narcotics, gangs, bank robberies, kidnapping, and motor….

What is private prosecution?

This type of action is called “private prosecution.” A private prosecution is a criminal proceeding initiated by an individual or private organization instead of by a public prosecutor who represents the state. Public prosecutors (i.e. district attorneys) today conduct almost all criminal prosecutions. The United States Supreme Court has quashed the right of private prosecution in federal court. Under Leeke v. Timmerman, (1981), 452 U.S. 83, the Court affirms the precedent in Linda R.S. v. Richard D., (1973) 410 U.S. 614, which denies the right of private prosecution, and serves as a bar to criminal prosecution in federal courts by persons not federal government employees. There may be an exception when a federal court appoints a private attorney to prosecute a criminal contempt action if the executive refuses to prosecute. Young v. U.S. ex re. Vuitton et Fils, (1987) 481 U.S. 787.

Can a complainant file a private prosecution?

Some states do allow a complainant to either file a request for an order to show cause or to actually prosecute as a private prosecutor. However states usually do not allow private prosecution on cases involving serious crimes or in situations where a public prosecutor has expressly refused to prosecute the defendant.

What is the government's position during the sentencing process?

And the government's position during the sentencing process will help ensure that the court imposes a sentence consistent with 18 U .S.C. § 3553 (a). These principles of federal prosecution have been designed to assist in structuring the decision-making process of attorneys for the government.

When a plea of Nolo contendere is offered over the government's objection, should the prosecutor take?

When a plea of nolo contendere is offered over the government's objection, the prosecutor should take full advantage of Rule 11 (a) (3) of the Federal Rules of Criminal Procedure, to state for the record why acceptance of the plea would not be in the public interest.

What are the principles of federal prosecution?

These principles of federal prosecution provide federal prosecutors a statement of prosecutorial policies and practices. As such, they should promote the reasoned exercise of prosecutorial authority and contribute to the fair, evenhanded administration of the federal criminal laws.

What is the nature and seriousness of an offense?

It is important that limited federal resources not be wasted in prosecuting inconsequential cases or cases in which the violation is only technical. Thus, in determining whether a substantial federal interest exists that requires prosecution, the attorney for the government should consider the nature and seriousness of the offense involved. A number of factors may be relevant to this consideration. One factor that is obviously of primary importance is the actual or potential impact of the offense on the community and on the victim (s). The nature and seriousness of the offense may also include a consideration of national security interests.

How does an offense affect the community?

The impact of an offense on the community in which it is committed can be measured in several ways: in terms of economic harm done to community interests; in terms of physical danger to the citizens or damage to public property; and in terms of erosion of the inhabitants' peace of mind and sense of security. In assessing the seriousness of the offense in these terms, the prosecutor may properly weigh such questions as whether the violation is technical or relatively inconsequential in nature and what the public attitude may be toward prosecution under the circumstances of the case. The public may be indifferent, or even opposed, to enforcement of the controlling statute whether on substantive grounds, or because of a history of non-enforcement, or because the offense involves essentially a minor matter of private concern and the victim is not interested in having it pursued. On the other hand, the nature and circumstances of the offense, the identity of the offender or the victim, or the attendant publicity, may be such as to create strong public sentiment in favor of prosecution. While public interest, or lack thereof, deserves the prosecutor's careful attention, it should not be used to justify a decision to prosecute, or to take other action, that is not supported on other grounds. Public and professional responsibility sometimes will require the choosing of a particularly unpopular course.

What is the fact that a particular prosecution is part of a larger federal law enforcement initiative that serves a substantial?

The fact that a particular prosecution is part of a larger federal law enforcement initiative that serves a substantial federal interest is an appropriate and relevant consideration in determining whether that individual prosecution also serves such a federal interest. Nature and Seriousness of Offense.

What is internal office procedure?

These principles, and internal office procedures adopted pursuant to them , are intended solely for the guidance of attorneys for the government. They are not intended to create a substantive or procedural right or benefit, enforceable at law , and may not be relied upon by a party to litigation with the United States.

7.001 - Preface

7.110 - Purpose

7.120 - Application

7.130 - Implementation

7.140 - Modifications Or Departures

7.150 - Non-Litigability

7.200 - Initiating and Declining Prosecution—Probable Cause Requirement

7.220 - Grounds For Commencing Or Declining Prosecution

• The attorney for the government should commence or recommend federal prosecution if he/she believes that the person's conduct constitutes a federal offense, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction, unless (1) the prosecution would serve no substantial federal interest; (2) the person is subjec...

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7.230 - Initiating and Declining Charges—Substantial Federal Interest

7.240 - Initiating and Declining Charges—Prosecution in Another Jurisdiction