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Attorney General Enforcement (AGE)

 

To supplement Chapter 2 Soldiers' and Airmen’s Home §41-70. 2.2 million people are behind bars in the United States, the most in the world, with 693 detainees per 100,000 residents, is the second most concentrated, in a world with a norm of 144 and arbitrary legal limit of 250 detainees per 100,000 residents. The prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008, as the result of mandatory minimum sentencing, and their drug enforcement, before quietly going down to 2,217,947 (696 per 100,000) in 2014. The federal prison population increased to a high of 219,298 in 2013 before decreasing to 183,191 in 2017 when Justice Department congressional budget authority began to decline off-budget from a wild high of $50.8 billion FY 15 to $38.1 billion FY 19, due to the $2.361 billion victim compensation cap. The Judiciary must abolish the U.S. Sentencing Commission pursuant to Blakely v. Washington (2004). The Justice Department is charged with a $13 billion FY 19 force reduction against the tampering of the Interagency Drug and Crime Enforcement, Drug Enforcement Administration (DEA), Federal Bureau of Investigation and White House Office of National Drug Control Policy (ONDCP) under 18USC§1512. The Justice Department is minimally responsible for $28.0 billion spending limit FY 18 and FY 19 cost overruns. The summary of appropriations and agency descriptions must be consolidated into one pdf congressional budget justification for good time, college credit. Community Relations Service terminates FY 19. The Office of Violence against Women FY 19 will be entirely financed off-budget by the Crime Victim Fund, that at 2.5% annual growth in collections, can afford to wait until 2032 to turn a surplus. Office of Justice Programs (OJP) spending went down -30% FY 17- FY 18 as the result of a -22.1% reduction in state and local law enforcement financing, while Community Oriented Policing Service (COPS) increased 36.6% FY 17 – FY 18, and all extra-jurisdictional police finance must be abolished for retaliation under 18USC§1513. The DEA must be abolished, both the license fees of the Office of Diversion Control (ODC), that poison tens to hundreds of thousands of Americans annually, dishonors drug robbery, to evade legal process ordering the destruction of all food and drugs seized by the police, including the entire DEA drug stockpile, to prevent tampering under 18USC§1512. Center for Tobacco Products (CTP) must be terminated for their involuntary biomedical experimentation under the Nuremberg Code, Sec. 301 and 302 of the Food Drug & Cosmetic Act (FD&CA) 21USC§331 and §332.   20 weeks tuition for Quantico Federal Police Academy, fees for the Forensic Laboratory and National Criminal Justice Information Network contributions to the Uniform Crime Reports, belong to the criminal division. Recidivism, re-incarceration within 3 years of release from prison, is reduced from 66% to 50% with vocational certificates, to 35% with Associate degree to 0% in those who earned a post-conviction Bachelor degree per curium 34USC§60501. To promote rights and discipline minimizing extra-judicial killing, false arrest and other misconduct under 42USC§1983 and 34USC§1260 all law enforcement, corrections, foreign and civil service officers must possess a Bachelor degree and grant Internet privileges in prison so convicts can minimally attend university online under 34USC§12577.

 

Be it enacted in the House and Senate Assembled

 

Ninth annual ed. 4 July 2010. 13 August 2011, 10th ed. 5 February 2015, 11th ed. July 2016, 12th 18 March 2018

 

1. This book supplements Title 24 US Code Chapter 2 §41-70 Soldier’s and Airmen’s Home that has been completely repealed by Pub. L. 101-510, Div. A, Title Xv, Sec. 1532 of Nov. 5, 1990 104 Stat. 1733; Pub. L. 101-189, Div. A, Title Iii, Sec. 347, Nov. 29, 1989, 103 Stat. 1422; Pub. L. 94-454, Sec. 2, Oct. 2, 1976, 90 Stat. 1518 and Aug. 10, 1956, Ch. 1041, Sec. 53, 70a Stat. 641. The Judiciary Act of 1789, ch. 20, sec. 35, 1 Stat. 73, 92-93 (1789) created the Office of the Attorney General. In 1870, after the post-Civil War increase in the amount of litigation involving the United States necessitated the very expensive retention of a large number of private attorneys to handle the workload, a concerned Congress passed the Act to Establish the Department of Justice, ch. 150, 16 Stat. 162 (1870) setting it up as "an executive department of the government of the United States" with the Attorney General as its head. The Act gave DOJ control over all criminal prosecutions and civil suits in which the United States had an interest. In addition, the Act gave the Attorney General and the Department control over federal law enforcement, establishing the Attorney General as the chief law enforcement officer of the Federal Government. Finally, to assist the Attorney General, the Act created the Office of the Solicitor General. DOJ was charged with improving: 1. representation of the federal government in the Courts, 2. representation of the federal government to the State Attorney Generals, 3. representation of state attorney generals to the federal government and 4. counsel to the president by serving as the member of the cabinet who supervises judicial affairs and litigation with the title Attorney General of the United States.  The US Department of Justice is constituted in accordance with Article 3 of the Constitution of the United States, Title 28, Part 2 United States Code and manages its judicial administration in accordance with Title 28 Code of Federal Regulations and the U.S. Attorney’s Manual. The Department of Justice consists of the principal organizational units listed in 28CFR§0.1 as restructured by the Homeland Security Act of 2002 yielding roughly 17 offices, 7 divisions and 2 boards with four immigration and customs related agencies seceding to the Department of Homeland Security. The mission of the Department of Justice is: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

 

Justice Department, Total Outlays and Budget Authority FY 16 – FY 19

(thousands)

 

FY 16

FY 17

FY 18

FY 19

On-budget Discretionary

28,887,368

28,513,967

28,388,821

28,428,621

Off-budget Total

19,041,625

12,655,479

10,595,061

9,639,366

Congressional Budget Authority

47,928,993

41,169,446

38,983,882

38,067,987

Source: Justice Department Summary of Budget Authority by Appropriation FY18 & FY 19, OMB Historical Tables FY 17 - FY16 - FY 18 Justice Department inflationary tampering anomaly - $26.9 billion FY 15 OMB

 

2. Like the judges who can’t read a notice of appearance or sign a warrant, Attorneys General cannot add or subtract correctly.  There are severe deficiencies to the internal control that would be provided if the Justice Department (DOJ) produced an authentic congressional budget justification and dismissed prohibition, as commanded.  The summary of appropriations and agency descriptions must be consolidated into one pdf congressional budget justification for good time, college credit. DOJ congressional budget authority began to decline off-budget from a wild high of $50.8 billion FY 15 to $38.1 billion FY 19, due to the $2.361 billion victim compensation cap beginning FY15.  On-budget outlays are reported to have gone down FY 16 – FY 18.  The plan to abolish Community Relations Service and perpetually finance the Office of Violence against Women off-budget with the $2.361 victim compensation cap of the Crime Victim Fund FY 19, is justified, but the violent crime of robbery does not achieve the agency accounting goal of federal outlays less than $28.0 billion FY 18 or FY 19 mathematically.  Robbery of civilians to pay armed forces does not satisfy the principle of non-use of force in regards to the precise and proportional reduction in force.  DOJ will either have to pay for cost-overruns or lay-off more unhelpful employees.  On-budget federal outlays for the Justice Department are charged with a $13 billion FY 19 force reduction against the tampering subsidies for Interagency Drug and Crime Enforcement, Drug Enforcement Administration (DEA), Federal Bureau of Investigation and White House Office of National Drug Control Policy (ONDCP). The Justice Department is minimally responsible for enforcing a $28.0 billion spending limit FY 18 and FY 19 cost overruns, but the nation would be better off if federal DOJ outlays were only $15 billion FY 19, off-budget assets $9.6 billion FY 19 for total congressional budget authority of $24.6 billion FY 19 and regular 2.5% annual growth.  The irony is that the necessary 36% DOJ force reduction is nearly as high as the 49% of federal prisoners falsely imprisoned for drug offenses by mandatory minimum sentences.  Due to DEA, the H, is contaminated and it is imperative that the United States abolish DEA first.  However, a high school classmate of the Attorney General from Alabama, described him as willing to betray the Ku Klux Klan for growing marijuana.  Community Relations Service terminates FY 19. The Office of Violence against Women FY 19 will be entirely financed off-budget by the Crime Victim Fund, that at 2.5% annual growth in collections, can afford to wait until 2032 to turn a surplus. Office of Justice Programs (OJP) spending went down -30% FY 17- FY 18 as the result of a -22.1% reduction in state and local law enforcement financing, while Community Oriented Policing Service (COPS) increased 36.6% FY 17 – FY 18, and all extra-jurisdictional police finance must be abolished to cease the lethal conventional retaliation by state and local law enforcement assistance and community oriented policing services grants under 18USC§1513. The DEA must be abolished, both the license fees of the Office of Diversion Control (ODC), that poison tens to hundreds of thousands of Americans annually, dishonors drug robbery, to evade legal process ordering the destruction of all food and drugs seized by the police, including the entire DEA drug stockpile, to prevent tampering under 18USC§1512. Likewise, Center for Tobacco Products (CTP) must be terminated for their involuntary biomedical experimentation under the Nuremberg Code, Sec. 301 and 302 of the Food Drug & Cosmetic Act (FD&CA) 21USC§331 and §332.  DOJ must prohibit certain extra-judicial practices and finance, particularly narcotic and retail regulation, to prevent injury and death from consumer product tampering under 18USC§1512, and extra-territorial police finance to reduce lethal conventional retaliation by state and local law enforcement assistance, and community oriented policing grant recipients under 18US§1513. Spending reductions may be expressed by DOJ as rescission and as undistributed offsetting receipt by the White House Office of Management and Budget (OMB).

 

Justice Dept. Summary of Appropriations; Discretionary On-Budget FY 16 – FY 19

(thousands)

 

Appropriation

FY 16

FY 17

FY 18

FY 19

General Administration total

142,500

145,124

144,138

145,920

General Administration

111,500

114,124

113,349

114,207

Justice Information Sharing Technology

31,000

31,000

30,789

31,713

Administrative Review and Appeals total

553,300

163,891

241,512

703,314

Executive Office for Immigration Review

416,283

436,000

433,012

559,407

Transfer from Immigration Fees Account

4,000

4,000

4,000

4,000

Office of the Inspector General

93,709

95,583

94,934

95,866

Working Capital Fund (Rescissions)

-69,000

-300,000

-218,000

-70,000

Transfer to FBI Construction

0

-181,000

-181,000

0

U.S. Parole Commission

13,308

13,308

13,218

12,672

National Security Division

95,000

96,000

95,348

101,369

General Legal Activities total

3,189,267

3,223,796

3,203,907

3,288,852

Solicitor General

11,885

11,885

11,804

12,392

Tax Division

106,979

106,979

106,253

105,435

Criminal Division

181,745

181,745

180,511

187,378

Civil Division

292,214

292,214

290,230

284,558

Environmental & Natural Resource Division

110,512

110,512

109,762

106,043

Legal Counsel

7,989

7,989

7,935

8,589

Civil Rights Division

148,239

148,239

147,232

148,125

Interpol

33,437

33,441

33,214

34,403

Pardon Attorney

6,508

4,496

4,465

4,913

Antitrust

61,477

63,014

64,589

66,204

U.S. Attorneys

2,000,000

2,035,000

2,021,180

2,105,182

U.S. Trustees

225,908

225,908

224,374

223,221

Alien Property Office

2,374

2,374

2,358

2,409

U.S. Marshall's Service total

2,504,021

2,689,454

2,671,190

2,750,342

Salaries & Expenses

1,230,581

1,249,040

1,240,558

1,270,371

Construction

15,000

10,000

9,932

14,971

Federal Prisoner Detention

1,454,414

1,454,414

1,420,700

1,536,000

Rescission of Prior Year Balances

-195,974

-24,000

0

-71,000

Community Relations Service

14,446

15,500

15,395

0

Department Programs

541,119

547,539

544,299

537,363

Assets Forfeiture Fund Current Budget Authority

14,673

15,039

15,415

15,800

Interagency Crime and Drug Enforcement

512,000

517,000

513,489

521,563

Federal Bureau of Investigation total

8,718,001

8,995,779

8,933,388

8,775,915

Salaries & Expenses

8,489,786

8,767,201

8,707,663

8,872,020

Rescission of prior year balance Direct and CJIS Balances

-80,767

-140,000

-191,600

-148,000

Rescission FBI S & E

-51,600

0

0

Construction

308,982

420,178

417,325

51,895

Transfer from WCF

0

[181,000]

0

0

Drug Enforcement Administration

2,080,000

2,090,884

2,086,617

2,187,459

Salaries & Expenses

2,080,000

2,102,976

2,086,617

2,187,459

Rescission of Prior year Balances DEA

0

-12,092

0

0

Bureau Alcohol, Tobacco, Firearms & Explosives Salaries & Expenses

1,240,000

1,258,600

1,250,053

1,316,678

Federal Prison System total

7,481,200

7,138,100

7,089,625

7,094,028

Salaries & Expense

6,948,500

7,008,800

6,961,203

7,042,328

Building & Facilities

530,000

130,000

125,740

99,000

Rescission of prior year balance B & F

0

-3,400

0

-50,000

Federal Prison Industries

2,700

2,700

2,682

2,700

Office of Justice Programs

1,770,960

1,582,800

1,598,371

1,405,300

Research, Evaluation and Statistics

116,000

89,000

123,189

77,000

OJP Salaries and Expenses

[214,617]

[220,717]

[219,218]

0

Juvenile Justice Programs

270,160

247,000

245,375

229,500

State and Local Law Enforcement Assistance

1,408,500

1,280,500

1,263,618

1,132,500

Public Safety Officers Benefits

16,300

16,300

16,189

16,300

OJP wide rescissions of prior year balance

-40,000

-50,000

-50,000

-50,000

Community Policing (Includes OJP programs)

202,000

190,618

208,000

123,450

Community Policing

212,000

221,500

175,403

223,450

COPS Salaries and Expenses

[37,374]

[37,374]

[37,120]

0

Rescission of prior year balance

-10,000

-15,000

-15,000

0

Office of Violence against Women total

465,000

471,500

465,318

0

Office of Violence against Women

480,000

481,500

475,318

0

OVF Funding within CVF

0

[-326,000]

[-326,000]

[-485,500]

OVW Salaries and Expenses

[19,912]

[19,912]

[19,777]

0

Rescission of Prior Year Balances

-15,000

-10,000

-10,000

0

Consolidated Grants M & A Base

0

0

0

[235,466]

Subtotal Discretionary

28,887,368

28,513,967

28,388,821

28,428,621

OMB est.

39,115,000

35,274,000

35,988,000

35,080,000

Source: Justice Department Summary of Budget Authority by Appropriation FY18 & FY 19, OMB Historical Tables FY 17

 

3. The FY 19 Summary of Appropriations, off-budget portion, is clarified to explain of the on and off-budget operations of the Assets Forfeiture Fund, Antitrust division pre-merger filing fee, the US Trustee fees and the Crime Victim Fund, from the irregular reports of certified public accountants, in particular US Trustee fees and appropriations must agree to grow 2.5% FY 18 to come to an agreement, to avoid threatened cuts in appropriations. Disputes regarding excessive growth and punishment, must invariably be settled by the irregular reports of certified public accountants, regarding the agency. Brackets mean non-add. Duplicate Antitrust pre-merger filing fee rows are consolidated to express the rate reported by special report. Anti-trust pre-merger filing fee, US Trustee fees and DEA Diversion Control Fees have been moved into the fee category, duplicitous rows deleted, and agency financial operations explained in brackets. The operations of the Asset Forfeiture Fund and Crime Victim Fund are explained in brackets. The new $2.361 billion cap on disbursements causes the trust fund to go down FY 2014-17, whereas receipts are estimated to have increased only to $1.7 billion FY 19. The Justice Department needs to learn to account for saving, using the regular revenues, expenditure, balance method, embedded deep in the irregularly published reports of the Antitrust Division, Assets Forfeiture Fund and Crime Victim Fund. Because of the congressionally mandated and affordable for the time being, decline in Crime Victim Fund, without new law, savings will decline until 2031 to $2,323 million and then begin to increase to $2,343 million in 2032. This should be more than enough for the Office of Violence against Women. If more victim compensation is needed it should be administered by the Court without administrative inefficiency of the Department of Justice, under Art. 14 of the International Covenant on Civil and Political Rights and Art. 14 of the Convention against Torture, Cruel, Inhuman and Degrading Punishment or Treatment.  The Crime Victims Fund (the Fund) was established by the Victims of Crime Act (VOCA) of 1984. The Fund is financed by fines and penalties paid by convicted federal offenders, not from tax dollars. As of September 2013, the Fund balance had reached almost $9 billion and includes deposits from federal criminal fines, forfeited bail bonds, penalties, and special assessments collected by U.S. Attorneys’ Offices, federal U.S. courts, and the Federal Bureau of Prisons.  In FY2015, Congress set the CVF obligation cap at $2.361 billion, a 216.9% increase over the FY2014 cap. The new $2.361 billion cap on disbursements causes the trust fund to go down FY 2014-17, whereas receipts are estimated to have increased only to $1.7 billion FY 19. Due to revenues increasing 2.5% annually and expenses remaining $2.361 billion indefinitely the trust fund can afford the $485 million Office of Violence against Women until beyond 2032 when the Crime Victim Fund would begin to grow again.

 

Justice Dept. Summary of Appropriations; Mandatory Off-Budget FY 16 – FY 19

(thousands)

 

FY 16

FY 17

FY 18

FY 19

Fees Collections

657,515

633,662

793,929

813,776

Offset from Antitrust Pre-Merger Filing Fee Collections

103,500

106,087

108,739

111,458

Antitrust Pre-Merger Filing Fee Direct Appropriation

[61,477]

[63,014]

[64,589]

[66,204]

Antitrust Pre-Merger Filing Fee Total Appropriations

[164,977]

[169,101]

[173,328]

[177,662]

U.S. Trustee Fees and Interest on US Securities

162,000

163,000

289,000

381,000

U.S. Trustees, Appropriations

]225,908]

]225,908]

[224,374]

[223,221]

U.S. Trustees, BA

DEA Office of Diversion Control Fees

371,515

382,662

419,574

420,703

DEA Total Appropriations

[2,080,000]

[2,090,884]

[2,086,617]

[2,187,459]

DEA Total Congressional Budget Authority, w/o forfeiture

[2,451,515]

[2,473,546]

[2,506,191]

[2,608,162]

DEA Office of Diversion Control Appropriations

[8,900]

[9,123]

[9,351]

[9,584]

DEA Office of Diversion Control Total

[389,415]

[391,785]

[428,925

[430,287]

Funds

8,210,673

7,494,039

6,818,415

6,184,800

Crime Victims Fund

8,196,000

7,479,000

6,803,000

6,169,000

Deposits

[1,604,000]

[1,644,000]

[1,685,000]

[1,727,000]

Disbursement = Disbursement Cap

[2,361,00]

[2,361,000]

[2,361,000]

[2,361,000]

Assets Forfeiture Fund

 

14,673

 

15,039

 

15,415

15,800

Assets Forfeiture Fund Revenues

[1,975,275]

[1,465,668]

[1,585,363]

[1,185,872]

Assets Forfeiture Fund Expenditures

[-1,975,275]

[1,444,994]

[1,584,987]

[1,185,487]

Mandatory and Other Accounts

8,120,508

7,238,451

5,324,213

-26%

Fees and Expenses of Witnesses (Mand.)

270,000

270,000

270,000

270,000

Witnesses Sequester Cut

0

-18,630

-17,820

0

Witnesses Rescission of Prior Year Balance

0

0

0

-100,000

Independent Counsel (Permanent Indefinite)

500

3,872

10,400

10,400

Sequester Cut

-267

-686

0

Radiation Exposure Compensation Trust Fund (Mand.)

65,000

65,000

50,000

45,000

Public Safety Officers Death Benefits (Mand.)

72,000

73,000

73,000

115,000

Assets Forfeiture Fund Revenues

1,975,275

1,465,668

1,585,363

1,185,872

Assets Forfeiture Fund Expenditures

[1,975,275]

[1,444,994]

[1,584,987]

[1,185,487]

Assets Forfeiture Fund

 

[14,673]

 

[15,039]

 

[15,415]

[15,800]

Criminal Justice Information Service (FBI)

433,000

433,000

433,000

433,000

9/11 Victim Compensation Fund

2,565,300

818,195

0

0

Victim Compensation Fund

4,600,000

0

0

0

Domestic Victims of Trafficking

6,000

6,000

6,000

6,000

Sequester Cut

0

-414

-396

0

Crime Victims Fund

[2,361,000]

[2,361,000]

[2,361,000]

[2,361,000]

Office of Violence Against Women

0

0

0

[485,000]

Victim of State Sponsored Terrorism

0

1,025,000

170,000

170,000

Healthcare Fraud Reimbursements total

249,362

249,860

274,648

9.9%

HCFAC Mandatory Reimbursement

58,579

58,045

59,447

65,034

FBI-Health Care Fraud mandatory

130,303

131,335

134,525

147,200

HCFAC Discretionary Reimbursement

60,480

73,800

73,800

78,381

Off-budget Total

19,041,625

12,655,479

10,595,061

9,639,366

Source: Appropriations Figures for the Antitrust Division Fiscal Years 1903-2016 November 27, 2015; Asset Forfeiture Program FY 17 Performance Budget Congressional Justification; Sacco, Lisa N. The Crime Victims Fund: Federal Support for Victims of Crime. Analyst in Illicit Drug and Crime Policy. Congressional Research Service. October 27, 2015

 

4. In the Federal Government, layoffs are called reduction in force (RIF) actions under 5 CFR Part 351. The spirit and intent of these regulations is guided by the principle of non-use of force. When an agency must abolish positions, the RIF regulations determine whether an employee keeps his or her present position, or whether the employee has a right to a different position. A reduction in force includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor under 5USC§3595(d). Unacceptable performance means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee’s position under 5USC§4301(3). Error with much greater than 30 percent frequency is unacceptable under 5USC§3504(b). The primary problem is that the President's scheme to cut civilian programs to pay for armed forces, constitutes the violent crime of robbery, like stealing marijuana and cash from a drug- dealer, United States v. Lettiere, 640 F.3d 1271, 1273 (9th Cir. 2011). More than 300 economists and 600 churches have petitioned the White House to legalize marijuana and save $21 billion by abolishing excessively forceful prohibition and it must be added, Cold War, enforcement agencies, whereas this armed bribery of witnesses constitutes obstruction of justice, conduct unbecoming an officer. The Justice Department has agreed to a $28.0 billion federal outlay limit, but neither agency math nor law, is capable of restraining spending, and must pay hundreds of millions for cost overruns, unless much needed reductions in force are rightly executed FY 18. By reducing state and local law enforcement assistance DOJ was slightly successful at reducing total spending. Cleverly paying the Office of Violence against Women off-budget from the Crime Victim Fund, however, does not eliminate justice department appropriations growth FY 19. Excessive growth in fatal opiate overdose law (fool) enforcement of the prohibited DEA and Interagency Drug and Crime Enforcement robber, tamperers, who are most highly targeted for abolition, must be reduced or abolished. The un-cancelled extra year of $181 million for FBI headquarter construction, should result in the ruthless abolition of the agency for a harmless accounting error, that has only to be corrected with an eraser, as they falsely imprison others.  The Justice Department budget can be reduced by $13 billion annually by abolishing the FBI, DEA and Interagency Drug and Crime Enforcement for tampering under 18USC§1512, OJP state and local law enforcement assistance and Community Oriented Policing Services (COPS) for retaliation under 18USC§1513. All the Justice Department needs to do is destroy the DEA drug stockpile, pay for Quantico Federal Police Academy with tuition and federal student loans, Forensic Laboratory with fees and Uniform Crime Reports (UCR) with the $488 million in off-budget revenues. Furthermore, the President must permanently decommission the White House Office of National Drug Control Policy (ONDCP) under Art. 2 Sec. 3 of the US Constitution. The Federal Judiciary must abolish the US Sentencing Commission pursuant to Blakely v. Washington (2004). The Food and Drug Administration (FDA) needs an injunction to abolish the Center for Tobacco Products (CTP) for tobacco product adulteration under Sec. 302 of the FD&CA 21USC§332 and the Nuremberg Code. The State Department must reduce or terminate international narcotic control and law enforcement, foreign military education and foreign military finance.  To stop the bribery of witnesses under 18USC§201 the payment of awards (including those over $10,000) under 28USC§524(c)(2), and purchase of evidence (including the authority to pay more than $100,000) under 28USC§524(c)(1)(F) by the FBI under 28CFR§0.85(k) and DEA under 28CFR§101(d) must be limited by Attorney General approval, if this money for unlawfully obtained evidence, is not repealed. The Director of the Federal Bureau of Investigation under 28CFR§0.89a, and Director of the Drug Enforcement Administration (DEA) under 28CFR§0.103a are authorized to exercise the power and authority vested in the Attorney General under 31USC§3724, with regard to claims for damages by investigative officers of the Justice Department, not exceeding $50,000 in any one case under 28CFR§0.172. Payments to victims, witnesses and informants need to be limited to compensation for damage under Art. 14 of the International Covenant on Civil and Political Rights and Art. 14 of the Convention against Torture, Cruel, Inhuman and Degrading Punishment or Treatment.  Reductions in force may be expressed as undistributed offsetting receipts by the Office of Management and Budget (OMB) and rescission by agency budget offices.

 

Federal Force Rescission Targets FY 16 – FY 19

(thousands)

 

FY 16

FY 17

FY 18

FY 19

Justice Department, Forfeiture Total

13,132,501

13,296,281

13,180,515

12,964,337

Other Agency, Forfeiture Total

7,724,822

8,321,527

8,319,832

7,935,062

Total Federal Forfeiture

20,857,323

23,607,808

21,499,847

20,899,399

Interagency Crime and Drug Enforcement

512,000

517,000

513,489

521,563

Federal Bureau of Investigation total

8,718,001

8,995,779

8,933,388

8,775,915

Salaries & Expenses

8,489,786

8,767,201

8,707,663

8,872,020

Rescission of prior year balance Direct and CJIS Balances

-80,767

-140,000

-191,600

-148,000

Construction

308,982

420,178

417,325

51,895

Transfer from WCF

0

[181,000]

0

0

Transfer to FBI Construction

-181,000

-181,000

0

DEA Total Appropriations

2,080,000

2,090,884

2,086,617

2,187,459

Salaries & Expenses

2,080,000

2,102,976

2,086,617

2,187,459

Rescission of Prior year Balances DEA

0

-12,092

0

0

DEA Total Congressional Budget Authority, w/o forfeiture

2,451,515

2,473,546

2,506,191

2,608,162

DEA Office of Diversion Control Appropriations

[8,900]

[9,123]

[9,351]

[9,584]

DEA Office of Diversion Control Total

[389,415]

[391,785]

[428,925

[430,287]

Office of Justice Programs Total

1,770,960

1,582,800

1,598,371

1,405,300

State and Local Law Enforcement Assistance

1,408,500

1,280,500

1,263,618

1,132,500

Community Policing (Includes OJP programs)

202,000

190,618

208,000

123,450

Community Policing

212,000

221,500

175,403

223,450

COPS Salaries and Expenses

[37,374]

[37,374]

[37,120]

0

Rescission of prior year balance

-10,000

-15,000

-15,000

0

Other Agency Forfeiture, Total

7,724,822

8,321,527

8,319,832

7,935,062

U.S. Sentencing Commission

17,570

17,570

17,570

17,570

White House Office of National Drug Control Policy

379,135

379,135

368,587

350,000

Food and Drug Administration Center for Tobacco Policy

564,117

578,822

592,675

607,492

State Department International Narcotics Control and Law Enforcement (INCLB)

1,292,000

1,212,000

1,212,000

1,138,000

State Department International Military Education and Training (IMET)

106,000

108,000

108,000

108,000

State Department Foreign Military Financing

5,366,000

6,026,000

6,021,000

5,714,000

Source: State Department FY 18, DOJ FY 19, Judiciary FY 17, FDA FY 17

5. United States governments spent an estimated $192 billion on the justice system in 2004. The federal government spent more than $34 billion on direct expenditures for criminal and civil justice in fiscal year 2004. State governments spent over $61 billion and local governments spent over $97 billion. Per capita expenditure across the three government types and criminal justice functions was approximately $660 in 2004. Between 1982 and 2004 justice spending increased 467%, an average of 22.2% annually. By 2012, the last year for which key national justice employment and expenditure statistics are available, total justice system spending had increased at an average annual rate of 4.75% from 2004 to $265 billion $56.2 billion federal, $86.3 billion state and $132.5 billion local. In 2012 $126 billion was spent on police, $57.9 billion on the judiciary and $80.8 billion on corrections, and increase of 4.6%, 5.1% and 4.1% average annual inflation respectively.  The American legal system is estimated to employ a total of 2,290,520 people in 2016 by the Bureau of Labor Statistics (BLS).  There were 1.2 million lawyers, 1.3 million law enforcement and corrections officers, 2.2 million detainees and 4.7 million adults under community supervision. BLS estimates there were 1,075,520 Americans employed in legal occupations in 2016 including: lawyers, judicial law clerks, administrative law judges, adjudicators and hearing officers, arbitrators, mediators and conciliators, judges, magistrate judges and magistrates, paralegals and legal assistants, court reporters, title examiners, abstractors and searchers, legal support workers and others, earning a median wage of $105,980 per year, $50.95 an hour. BLS estimates there were 807,000 police and detectives earning $61,600 per year, $29.62 per hour. There were 468,000 corrections officers and bailiffs earning $42,820 per year, $20.59 per hour. Law enforcement employment grew 7% while corrections declined 7%.  The Bureau of Justices Statistics reported that in 2000 the federal department of justice employed 88,496 full-time law enforcement officers authorized to make arrests and carry fire arms. 17,784 state and local law enforcement agencies employed 708,022 full time officers. 12,666 local police agencies employed 440,920 full time officers. 3,070 county sheriffs employed 164,711 deputies. 49 primary state agencies employed 56,348 officers. 1,376 special jurisdictions employed 43,413 officers. 623 Texas constable offices employed 2,630 law enforcement officers. In 2016 the Department of Homeland Security employed 37,211 law enforcement officers authorized to make arrests and carry fire arms. US Customs and Border Protection 16,388. US Immigration and Customs Enforcement 7,942. US Coast Guard 10,673. US Secret Service 2,208. Although the Bureau of Labor Statistics only estimates that there are 880,000 police officers and detectives, 1.5 million is a good estimate of the number of full-time civilian law enforcement officers employed in the United States, plus another 470,000 corrections officers, for a grand total of 2 million employees authorized to make arrests and carry a firearm in the United States.

Expenditure for the justice system by type of government, fiscal 2012

Amount (thousands of dollars)

Percent distribution

Activity

Federal

State

Local

Federal

State

Local

Total justice system

265,160,340

56,267,000

86,266,232

132,500,445

-

-

-

Direct expenditure

265,160,340

51,941,000

80,929,314

132,290,026

19.6

30.5

49.9

Intergovernmental expenditure

-

4,326,000

5,336,918

210,419

-

-

-

Police protection

126,434,125

31,395,000

14,815,502

84,053,185

-

-

-

Direct expenditure

126,434,125

28,977,000

13,411,966

84,045,159

22.9

10.6

66.5

Intergovernmental expenditure

-

2,418,000

1,403,536

8,026

-

-

-

Judicial and legal

57,935,169

15,894,000

22,770,081

22,049,483

-

-

-

Direct expenditure

57,935,169

14,670,000

21,256,019

22,009,150

25.3

36.7

38

Intergovernmental expenditure

-

1,224,000

1,514,062

40,333

-

-

-

Corrections

80,791,046

8,978,000

48,680,649

26,397,777

-

-

-

Direct expenditure

80,791,046

8,294,000

46,261,329

26,235,717

10.3

57.3

32.5

Intergovernmental expenditure

-

684,000

2,419,320

162,060

-

-

-

Source: Bureau of Justice Statistics

 

6. The Bureau of Justice Statistics (BJS) estimates there were 1,348 potential arrest related fatalities, with an average of 135 a month, 64% of the deaths were homicides, 18% were suicides, and 11% were accidents in 2016. The justified homicide rate on the police force can be estimated at 107 per 100,000 officers. In 2014, the last year for which deaths in detention are estimated, a total of 4,385 inmates died in custody - 1,053 in local jails, 3,297 in state and federal prison, and 35 executed by lethal injection. Suicide was the leading cause death during arrest and in jail while illness was in state and federal prison.  The Uniform Crime Reporting (UCR) Program was conceived in 1929 by the International Association of Chiefs of Police to meet the need for reliable uniform crime statistics for the nation. In 1930, the FBI was tasked with collecting, publishing, and archiving those statistics. Today, four annual publications, Crime in the United States, National Incident-Based Reporting System, Law Enforcement Officers Killed and Assaulted, and Hate Crime Statistics are produced from data received from over 18,000 city, university/college, county, state, tribal, and federal law enforcement agencies voluntarily participating in the program. The crime data are submitted either through a state UCR Program or directly to the FBI’s UCR Program. The UCR estimated a total U.S. Population of 323,127,513 in 2016.  In 2016 there were estimated to be a total of 10,662,252 arrests made for 9,167,220 crimes known to law enforcement agencies, 7,919,035 property crimes and 1,248,185 violent crimes. 10 million people are reported to be released and around 2.2 million remain incarcerated in jails and prisons in the United States, any given day. In 2016 it can be estimated that about 50% of all arrests are false.  Of the 10.7 million people arrested and booked in jail in 2016 it can be estimated that 5 million were immediately dismissed, 5 million were released with a misdemeanor conviction, probation or parole and slightly more than 600,000 were sentenced to 2.2 million penal population.  The claim that is most often asserted against police is false arrest. Persons bringing malicious prosecution and false arrest claims assert that police violated their Fourth Amendment right against unreasonable search, seizure and arrest without probable cause, and that the officer was unwarranted without the signature of a judge under Rule 4 Fed. Crim. P. Excessive force claims receive the most publicity, perhaps because the results of excessive force seem the most outrageous, involving serious physical injury or death. Whether the officer's use of force was reasonable depends on the surrounding facts and circumstances. The officer's intentions or motivations are not controlling. If the amount of force was reasonable, it doesn't matter that the officer's intentions were bad. The reverse is also true: if the officer had good intentions, but used unreasonable force, the excessive force claim will not be dismissed. Officers must take care to avoid fighting and committing territorially aggressive acts of violence. Officers have a duty to protect individuals from constitutional violations by fellow officers.

 

Estimated Number of Arrests, 2016

 

Total

10,662,252

Murder and non-negligent manslaughter

11,788

Rape

23,632

Robbery

95,754

Aggravated Assault

383,977

Burglary

207,325

Larceny-theft

1,050,058

Motor vehicle theft

86,088

Arson

9,812

Violent Crime, subtotal

515,151

Property Crime, subtotal

1,353,283

Other Assaults

1,078,808

Forgery and Counterfeiting

56,661

Fraud

128,531

Embezzlement

15,937

Stolen property, Buying, Receiving, Possessing

93,981

Vandalism

195,951

Weapons; Carrying, Possessing, Etc.

156,777

Prostitution and Commercialized Vice

38,306

Sex Offenses (Except Rape and Prostitution)

51,063

Drug Abuse Violations

1,572,579

Gambling

3,705

Offenses Against the Family and Children

88,748

Driving Under the Influence

1,017,808

Liquor Laws

234,899

Drunkenness

376,433

Disorderly Conduct

369,733

Vagrancy

24,851

All Other Offenses

3,254,871

Suspicion

576

Curfew and Loitering Law Violation

34,176

Source: FBI Uniform Crime Reporting Program Table 18

 

7. From a low of 1,153,022, or 361.6 violent crimes reported to law enforcement per 100,000 in 2014 the number of violent crimes known to law enforcement has not only increased, to 1,199,310 in 2015 to 1,248 in 2016 as sometimes happens, but that increase is proportionally greater than the increase in population and the rate of all types of violent crime per 100,000 has increased, from 361.6 in 2014, to 373.7 in 2015 to 386.3 in 2016.  The term “crime of violence” means an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense under 18USC§16. Violent crime is composed of four offenses: murder and non-negligent manslaughter, rape, robbery, and aggravated assault. Violent crimes are defined in the UCR Program as those offenses that involve force or threat of force. In 2013, the UCR Program initiated the collection of rape data under a revised definition and removed the term “forcible” from the offense name. The UCR Program now defines rape as follows: Rape (revised definition): Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (This includes the offenses of Rape, Sodomy, and Sexual Assault with an Object as converted from data submitted via the National Incident-Based Reporting System). Rape (legacy definition): The carnal knowledge of a female forcibly and against her will. The total number of violent crimes known to law enforcement tends to fluctuate, however except in 2016 the violent crime rate has consistently gone down. In 2010, an estimated 1,246,248 violent crimes occurred nationwide, a decrease of 6.0 percent from the 2009 estimate. When considering 5- and 10-year trends, the 2010 estimated violent crime total was 13.2% below the 2006 level and 13.4% below the 2001 level. There were an estimated 403.6 violent crimes per 100,000 inhabitants in 2010. Aggravated assaults accounted for 62.5% of violent crimes reported to law enforcement, robbery comprised 29.5%, forcible rape accounted 6.8%, and murder 1.2%. Information collected regarding type of weapon showed that firearms were used in 67.5% of the Nation’s murders, 41.4% of robberies, and 20.6% of aggravated assaults.

 

Violent Crimes Known to Law Enforcement 1997-2016

 

Year

Violent Crime

Violent Crime Rate

Murder and nonnegligent manslaughter

Murder and nonnegligent manslaughter rate

Rape

Rape Rate

Robbery

Robbery Rate

Aggravated Assault

Aggravated Assault Rate

1997

1,636,096

611.0

18,208

6.8

96,153

35.9

498,534

186.2

1,023,201

382.1

1998

1,533,887

567.6

16,974

6.3

93,144

34.5

447,186

165.5

976,583

361.4

1999

1,426,044

523.0

15,522

5.7

89,411

32.8

409,371

150.1

911,8706

324.0

2000

1,425,486

506.5

15,586

5.5

90,178

32.0

408,016

145.0

911,706

324.0

2001

1,439,480

504.5

16,037

5.6

90,863

31.8

423,557

148.5

909,023

318.6

2002

1,423,677

494.4

16,229

5.6

95,235

33.1

420,806

146.1

891,407

309.5

2003

1,383,676

475.8

16,528

5.7

93,883

32.3

414,235

142.5

859,030

295.4

2004

1,360,088

463.2

16,148

5.5

95,089

32.4

401,470

136.7

847,381

288.6

2005

1,390,745

469.0

16,740

5.6

94,347

31.8

417,438

140.8

862,220

290.8

2006

1,435,123

479.3

17,309

5.8

94,472

31.6

449,246

150.0

874,096

292.0

2007

1,422,970

471.8

17,128

5.7

92,160

30.6

447,324

148.3

866,358

287.2

2008

1,394,461

458.6

16,465

5.4

90,750

29.8

443,563

145.9

843,683

277.5

2009

1,325,896

441.9

15,399

5.0

89,241

29.1

408,742

133.1

812,514

264.7

2010

1,251,248

404.5

14,722

4.8

85,593

27.7

369,089

119.3

781,844

252.8

2011

1,206,005

387.1

14,661

4.7

84,175

27.0

354,746

113.9

752,423

241.5

2012

1,217,057

387.8

14,856

4.7

85,141

27.1

355,051

113.1

762,0098

242.8

2013

1,168,298

369.1

14,319

4.5

113,695

35.9

345,093

109.0

726,777

229.6

2014

1,153,022

361.6

14,164

4.4

113,695

35.9

322,905

101.3

731,089

229.2

2015

1,199,310

373.7

15,883

4.9

126,134

39.3

328,109

102.2

764,057

238.1

2016

1,248,185

386.3

17,250

5.3

130,603

40.4

332,198

102.8

803,007

248.5

Source: FBI Uniform Crime Reporting Crime Known to Law Enforcement Table 1 Since 2013 the UCR Program uses a new definition of rape.

 

8. Property crime includes the offenses of burglary, larceny-theft, motor vehicle theft, and arson. The object of the theft-type offenses is the taking of money or property, but there is no force or threat of force against the victims. In 2016 there were estimated to be 7.9 million property crimes known to law enforcement, a rate of 2,500.5 per 100,000 residents. There is a long term trend reducing the number of property crimes known to law enforcement by about 2-3% annually, across all categories of property crime, except motor vehicle theft, that has been increasing since low of 686,803. In 2010, there were an estimated 9,082,887 property crime offenses in the Nation. The 5-year trend, comparing 2010 data with that of 2006, showed a 9.3% drop in property crime, a average of 1.9% annually. In 2010, the rate of property crime was estimated at 2,941.9 per 100,000 inhabitants, a 3.3% decrease when compared with the rate in 2009. The 2010 property crime rate was 12.1% lower than the 2006 rate and 19.6% below the 2001 rate. Larceny-theft accounted for 68.1% of all property crimes in 2010. Burglary accounted for 23.8% and motor vehicle theft for 8.1%. Property crimes in 2010 resulted in losses estimated at $15.7 billion. The UCR does not include any estimates for vandalism or arson for 2016 because the degree of reporting arson offenses varies from agency to agency, and property destruction is not compensated federally, although stolen property is returned or otherwise accounted for and is duly processed by law enforcement.  The UCR does not include any estimates for vandalism or arson because the degree of reporting arson offenses varies from agency to agency, and destruction is not compensated. In 2010, 15,475 law enforcement agencies reported 56,825 arsons. Arsons involving structures (e.g., residential, storage, public, etc.) accounted for 45.5% of the total number of arson offenses. Mobile property was involved in 26.0% of arsons, and other types of property (such as crops, timber, fences, etc.) accounted for 28.5% of reported arsons. The average dollar loss due to arson was $17,612. Arsons of industrial/manufacturing structures resulted in the highest average dollar losses (an average of $133,717 per arson). Arson offenses decreased 7.6% in 2010 when compared with arson data reported in 2009. Nationwide, there were 19.6 arson offenses for every 100,000 inhabitants. Although arson is also a property crime, the Hierarchy Rule does not apply to the offense of arson. In cases in which an arson occurs in conjunction with another violent or property crime, both crimes are reported, the arson and the additional crime.

 

Property Crimes Known to Law Enforcement 1997-2016

 

Year

Total Population

Property Crime

Property Crime Rate

Burglary

Burglary Rate

Larceny-theft

Larceny-theft rate

Motor vehicle theft

Motor vehicle theft rate

1997

267,783,607

11,558,475

4,316.3

2,460,526

918.8

7,743,760

2,891.8

1,354,189

505.7

1998

270,248,003

10,951,827

4,052.5

2,332,735

863.2

7,376,311

2,729.5

1,242,781

459.9

1999

272,690,813

10,208,334

3,743.6

2,100,739

770.4

6,955,520

2,550.7

1,152,075

422.5

2000

281,421,906

10,182,584

3,618.3

2,050,992

728.8

6,971,590

2,477.3

1,160,002

412.2

2001

285,317,559

10,437,189

3,658.1

2,116,531

741.8

7,092,267

2,485.7

1,228,391

430.5

2002

287,973,924

10,455,277

3,630.6

2,151,252

747.0

7,057,379

2,450.7

1,246,646

432.9

2003

290,788,976

10,442,862

3,591.2

2,154,834

741.0

7,026,802

2,416.5

1,261,226

433.7

2004

293,656,842

10,319,386

3,514.1

2,144,446

730.3

6,937,089

2,362.3

1,237,851

421.5

2005

296,507,061

10,174,754

3,431.5

2,155,488

726.9

6,783,447

2,287.8

1,235,859

416.8

2006

299,398,484

10,019,601

3,346.6

2,194,993

733.1

6,626,363

2,213.2

1,98,245

400.2

2007

301,621,157

9,882,212

3,276.4

2,190,198

726.1

6,591,542

2,185.4

1,100,472

364.9

2008

304,059,724

9,774,152

3,214.6

2,228,887

733.0

6,586,206

2,166.1

959,059

315.4

2009

307,006,550

9,337,060

3,041.3

2,203,313

717.7

6,338,095

2,064.5

795,652

259.2

2010

309,330,219

9,112,625

2,945.9

2,168,459

701.0

6,204,601

2,005.8

739,565

239.1

2011

311,587,816

9,052,743

2,905.4

2,185,140

701.3

6,151,095

1,974.1

716,508

230.0

2012

313,873,685

9,001,992

2,868.0

2,109,932

672.2

6,168,874

1,965.4

723,186

230.4

2013

316,497,531

8,651,892

2,733.6

1,932,139

610.5

6,019,465

1,901.9

700,288

221.3

2014

318,907,401

8,209,010

2,574.1

1,713,153

537.2

5,809,054

1,821.5

686,803

215.4

2015

320,896,618

8,024,145

2,500.5

1,587,564

494.7

5,723,488

1,783.6

713,063

222.2

2016

323,127,513

7,919,035

2,450.7

1,515,096

468.9

5,638,455

1,745.0

765,484

236.9

Source: FBI Uniform Crime Reporting Crime Known to Law Enforcement Table 1

 

9. There are estimated to be a total of 4,575 penal institutions - 3,283 local jails, 1,190 state confinement facilities, and 102 federal confinement facilities in the United States. The official capacity of the penal system was 2,157,769 with a occupancy level of 102.7% in 2013. The United States prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008, as the result of mandatory minimum sentencing, before quietly going down to 2,217,947 (696 per 100,000) in 2014. Mid-year 2014 there were 744,592 people detained in local jails, and 1,473,355 in state or federal prisons at year-end. The prison population rate was 693 detainees per 100,000 residents at year-end 2014 based on an estimated national population of 320.1 million at end of 2014.  In 2013 20.4% of people behind bars were pre-trial detainees. 9.3% were female. 0.3% were juveniles. 5.5% were foreign prisoners.  It was not until 2013, when racial disparities in sentencing were reviewed and the federal prison population began to decline, at an accelerating rate, from a high of 219,298 in 2013 to 192,170 in 2016.  As the result of mandatory minimum sentencing and their unfair application to drug seizure arrests beginning in 1984 the national prison population rose to a high of 2,307,504 (755 per 100,000) in 2008 before quietly going down to 2,217,947 (693 per 100,000) in 2014. It was not until 2013, when racial disparities in sentencing were reviewed and the federal prison population began to decline, at an accelerating rate, from a high of 219,298 in 2013 to 192,170 in 2016.  The Obama administration has assailed what it says are unfair and unduly harsh sentences for many inmates, particularly minorities and nonviolent offenders. Black Americans were incarcerated in state prisons at an average rate of 5.1 times that of white Americans, and in some states that rate was 10 times or more. The US is 63.7% non-Hispanic white, 12.2% black, 8.7% Hispanic white and 0.4% Hispanic black, according to the most recent census. In five states, the disparity rate was more than double the average. New Jersey had the highest, with a ratio of 12.2 black people to one white person in its prison system, followed by Wisconsin, Iowa, Minnesota and Vermont.  Overall, Oklahoma had the highest rate of black people incarcerated with 2,625 black inmates people per 100,000 residents. Oklahoma is 7.7% black. Among black men in 11 states, at least 1 in 20 were in a state prison. Hawaii, which is 2.5% black, had the lowest incarceration rate among black people (585 per 100,000), and the lowest ratio – 2.4 black Americans to 1 white – in its prisons.  In the 25-29 age group, 8.1% of black men - about one in 13 – were behind bars, compared with 2.6% of Hispanic men and 1.1% of white men. It's not much different among women. In 2005 the female population in state or federal prison increased 2.6 percent while the number of male inmates rose 1.9 percent. By year's end, 7% of all inmates were women. That percentage has increased to 9.3% of all inmates in 2013. The number of females incarcerated has increased from 55.6 detainees per 100,000 residents in 2000 to a high of 66 per 100,000 in 2006 before declining to 63.5 per 100,000 in 2010 and then increasing to 64.6 per 100,000 in 2013.  For Hispanics, there was also a disparity compared to white prison populations. The average ratio for all states was 1.4 to 1. 3.  Apprehensions for immigration violations peaked at 1.8 million in 2000 but dropped to 516,992 in 2010—the lowest level since 1972. The most common immigration offense charged in U.S. district court in 2010 was illegal reentry (81%), followed by alien smuggling (12%), misuse of visas (6%) and illegal entry (1%). Eighty-one percent of immigration defendants who were convicted in U. S. district court received a prison sentence in 2010. The median prison term imposed was 15 months.  In 2012, five federal judicial districts along the U.S.-Mexico border accounted for 60% of federal arrests, 53% of suspects investigated, and 41% of offenders sentenced to prison.  The number of federally sentenced prisoners in the Federal Bureau of Prisons (BOP) increased 84% between fiscal year (FY) 1998 and 2012, and the number of drug offenders in federal prison grew 63% during this time. At fiscal yearend 2012, offenders whose most serious offense (as defined by the BOP) was a drug offense accounted for about half (52%) of the federally sentenced prison population.  In one study almost all (99.5%) drug offenders in federal prison were serving sentences for drug trafficking. Cocaine (powder or crack) was the primary drug type for more than half (54%) of drug offenders in federal prison. Race of drug offenders varied greatly by drug type. Blacks were 88% of crack cocaine offenders, Hispanics or Latinos were 54% of powder cocaine offenders, and whites were 48% of methamphetamine offenders. More than a third (35%) of drug offenders in federal prison at sentencing, had either no or minimal criminal history. Nearly a quarter (24%) of drug offenders in federal prison used a weapon in their most recent offense. The average prison sentence for federal drug offenders was more than 11 years. Across all drug types, crack cocaine offenders were most likely to have extensive criminal histories (40%), used a weapon (32%), and received longer prison terms (170 months). More than half (54%) of drug offenders in the federal prison system had a form of cocaine (powder or crack) as the primary drug type. Methamphetamine offenders (24%) accounted for the next largest share, followed by marijuana (12%) and heroin (6%) offenders. Offenders convicted of crimes involving other drugs (including LSD, some prescription drugs, and MDMA or ecstasy) made up 3% of offenders.     

 

US Detainee Population and Rate 1980-2014

 

Year

Federal Prisoners

Detainees total

Detainee Population Rate

1980

24,640

503,586

220

1985

40,330

744,208

311

1990

64,936

1,148,702

457

1995

100,958

1,585,586

592

2000

145,125

1,937,482

683

2002

163,436

2,033,022

703

2004

179,895

2,135,335

725

2006

192,584

2,258,792

752

2008

201,668

2,307,504

755

2010

210,227

2,270,142

731

2012

218,687

2,228,424

707

2014

214,149

2,217 947

693

Source: World Prison List 2016

 

10.  The American Legal System must safely reduce the U.S. incarceration rate below the arbitrary legal limit of 250 detainees per 100,000 residents pursuant to Blakely v. Washington No. 02-1632 of 24 June 2004 as applied by Brown, Governor of California, et al v. Marciana & Plata et al USSC No. 09–1233 of May 23, 2011 when the Court ordered 40,000 prisoners to be released and qualified the mentally and physically disabled parolees for Eligibility for SSI Benefits in Sec. 1611 of Title XVI of the Social Security Act 42USC§1382 (E)(1)(A). The courts of appeals continue to receive petitions from the backlog of state prisoners affected by the Blakely decision, who must exhaust their state court remedies before seeking relief in federal court. The new prison rumor regarding a federal practice of involuntary antipsychotic consumption as competency to stand trial must cease. People who plead not guilty by reason of insanity must be informed that they will serve the maximum sentence for the crime they are accused of until they admit to understand the nature and consequences of the proceedings against them and assist the court properly in their defense. Under psychiatric rules the guilty remain to gentrify community, the not guilty move on. The Commissioner of Social Security has been ordered to develop a Pre-release procedure for institutionalized persons under which an individual can apply for supplemental security income benefits prior to the discharge or release of the individual from a public institution under Sec. 1631 of Title XVI of the Social Security Act 42USC§1383(m).   35 years ago the population of attorneys in the United States had surpassed 450,000, and law schools were graduating 34,000 new ones each year. By 2011, the annual production of law degrees was up to 44,000, and at 1.22 million, the number of lawyers in the country — which included me — had nearly tripled. Over the same period, the population of the United States had risen just 40 percent. There has been reported to be a 60% unemployment rate for recent law school graduates. In 2011, the number of students entering law school dropped by 7 percent, an unprecedented fall. In 2012, the drop accelerated: Enrollment of first-year law students sank another 8.6 percent. It plunged still further in 2013. According to the American Bar Association, 39,675 new law students matriculated in fall of 2013 — an 11 percent decrease from 2012. As of 2016, there are 1,315,561 Licensed Lawyers in the United States of America.  The principal finding is that to reduce unacceptably high rates of recidivism, unauthorized use of force, false arrest, torture and wrongful death, a Bachelor degree, including the first year of law school, plus police academy, must be required of all law enforcement officers employed in the United States. Secondarily, it is advised that law schools include police and correctional academy as a mandatory part of their curriculum, and law enforcement agencies employ law students and graduates, especially. Prison libraries need Internet access so that prisoners may participate in online university programs, all other activities might be censured by staff opinion, because a Bachelor degree is the cure for crime under 34USC§1257. Recidivism, re-incarceration within 3 years of release from prison, is reduced from 66% to 50% with vocational certificates, to 35% with Associate degree to 0% in those who earned a post-conviction Bachelor degree are free of recidivism under 34USC§60501. To promote rights and discipline minimizing extra-judicial killing, false arrest and other misconduct under 42USC§1983 and 34USC§1260 all law enforcement, corrections, foreign and civil service officers must possess a Bachelor degree and grant Internet privileges in prison so convicts can minimally attend university online under 34USC§12577.

 

Sanders, Tony J. Hospitals & Asylums. Book 2: Attorney General Enforcement, 18 March 2016. 12th Ed. 274 pgs. www.title24uscode.org/AGE.pdf