Federal Justice System

A federal law enforcement agency is an organizational unit, or subunit, of the federal government with the principal functions of preventing, detecting, and investigating crime, and apprehending alleged offenders. Examples of federal law enforcement agencies include the U.S. Customs and Border Protection, the Federal Bureau of Investigation, the United States Secret Service, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Law enforcement agencies serve numerous functions such as criminal and non-criminal investigations, inspections, security, response and patrol, corrections and detention, and court operations (e.g., probation and parole supervision and witness protection).

Law Enforcement and Detention Data Collections

• Census of Federal Law Enforcement Officers
• Federal Law Enforcement Agency Deaths in Custody Reporting Program
• Federal Justice Statistics Program
  • Persons arrested and booked by U.S. Marshals Service
  • Persons arrested by the Drug Enforcement Administration

Federal criminal charges may be filed by the U.S. Attorney's Office, the Criminal Division of the U.S. Department of Justice, or other authorized law enforcement agencies, such as the U.S. Marshals Service. The 93 U.S. attorneys serve as the chief federal law enforcement officers within their respective districts. Investigations are most commonly referred to a U.S. attorney by a federal investigative agency. Investigations are also referred by a state or local investigative agency. Investigations may also be initiated—and cases brought directly—by U.S. attorneys or by the Criminal Division of the U.S. Department of Justice.

After criminal investigations are initiated and criminal suspects are referred to them, U.S. attorneys may file charges against defendants in either a U.S. district court or with a U.S. magistrate judge with the authority to adjudicate misdemeanor offenses (18 U.S.C. § 3401). The decision to prosecute a suspect in a criminal matter depends on many factors, including the Attorney General's priorities, U.S. attorney priorities and resources, laws governing each type of offense, and the strength of the evidence in each case.

Prosecution Data Collections

• Federal Justice Statistics Program
  •  Suspects in matters investigated/defendants in cases charged by U.S. Attorneys’ offices

The Bail Reform Act of 1984 (18 U.S.C. § 3141) sets the terms for release and detention of defendants facing charges in federal courts. At the time defendants first appear before a judicial officer, they may be (1) released on personal recognizance or unsecured bond; (2) released subject to conditions imposed by the court, possibly including traditional bail; (3) temporarily detained without bail (limited to 10 working days) to permit deportation, exclusion, or the revocation of previously granted conditional release; or (4) detained pending the outcome of a detention hearing.

According to The Bail Reform Act, a defendant must be brought before a judicial officer without "unnecessary delay" upon arrest for an “initial appearance”. The judicial officer, who may be a judge, but is generally a U.S. magistrate, determines whether the defendant will be released or detained prior to trial. If a hearing is required, the release decision may be delayed no longer than 3 days (or 5 days if requested by the defendant). The recommendation to detain the defendant is made by the U.S. attorney and/or the pretrial services officer. If the court concurs with the recommendation to detain the defendant, a pretrial detention hearing is held to show cause why the defendant should be detained pending adjudication of the charges.

Pretrial Release Data Collections

• Federal Justice Statistics Program
  • Defendants interviewed by pretrial agents for pretrial release, by Administrative Office of the U.S. Courts

U.S. district courts adjudicate defendants in matters handled by U.S. attorneys or other authorized federal prosecutors. For criminal matters, this includes felony defendants, as well as both Class A and other misdemeanants. 

Courts Data Collections

• Federal Justice Statistics Program
  • Defendants in cases filed and terminated in U.S. district courts, Administrative Office of the U.S. Courts
  • Defendants sentenced under the U.S. Sentencing Guidelines pursuant to the provisions of the Sentencing Reform Act of 1984, U.S. Sentencing Commission

Depending upon the type and severity of the offense, convicted offenders may be sentenced to incarceration, probation, a fine, or a combination of sanctions such as a split or mixed sentence (imprisonment as well as a period of probation supervision). The information covers the time that offenders enter prison until their release from the jurisdiction of the Bureau of Prisons. The federal sentencing guidelines require a term of supervised release following service of any prison sentence of more than 1 year. In addition, courts have the discretion to impose supervised release in any other case. This section contains information about persons placed on probation or supervised release from prison. The files contain records of individuals entering or currently on supervision, as well as records of offenders terminating supervision.

Prison and Community Supervision Data Collections

• Federal Justice Statistics Program
  • Federal Bureau of Prisons, defendants entering, exiting, or on federal supervision in the community at yearend
  • Administrative Office of the U.S. Courts, defendants entering, exiting, or in federal prison at yearend