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| Federal Court Terrorism Definition* Criminal Terrorism Referrals That Were Declined Fiscal Years 2004 - 2008 |
| Reason Given by Assistant U.S. Attorney for Declining to Prosecute |
Number | Percent |
| All | 1,495 | 100.0% |
| Weak or insufficient admissible evidence | 346 | 23.1% |
| Lack of evidence of criminal intent | 302 | 20.2% |
| Agency request | 248 | 16.6% |
| No federal offense evident | 203 | 13.6% |
| Office policy | 118 | 7.9% |
| Suspect to be prosecuted by other authorities | 62 | 4.1% |
| No known suspect | 47 | 3.1% |
| Suspect being prosecuted on other charges (e.g., UFAPs) | 23 | 1.5% |
| Lack of prosecutive resources | 20 | 1.3% |
| Lack of investigative resources | 14 | 0.9% |
| Staleness | 11 | 0.7% |
| Jurisdiction or venue problems | 8 | 0.5% |
| Witness problems | 8 | 0.5% |
| Offenders age, health, prior record, or personal matter | 7 | 0.5% |
| Minimal federal interest or no deterrent value | 7 | 0.5% |
| Suspect serving sentence | 7 | 0.5% |
| Declined per instructions from DOJ | 5 | 0.3% |
| Suspect deceased | 5 | 0.3% |
| Suspects cooperation | 4 | 0.3% |
| Civil, admin or other disciplinary alternatives | 3 | 0.2% |
| Department Policy | 3 | 0.2% |
| Citation filed | 2 | 0.1% |
| Juvenile suspect | 2 | 0.1% |
| Local Agency Referral Presented by Federal Agency | 2 | 0.1% |
| Pretrial diversion completed | 2 | 0.1% |
| Statute of Limitations | 2 | 0.1% |
| Suspect deported | 2 | 0.1% |
| Operation of Law (District Court) | 1 | 0.1% |
| Suspect a fugitive | 1 | 0.1% |
| * For details of definition see table. The reason was missing or there was an inconsistent code on 30 matters out of the 1,495. |
Copyright 2009