Frequently Asked Questions

Sworn officers have full arrest powers granted by a state or local government. Nonsworn officers do not have the ability to arrest and serve in the capacity of a security officer.

CBP officers are tasked with stopping terrorists, terrorist weapons, illegal drugs, aliens, and materials harmful to agriculture from entering the United States. These officers perform patrol and response functions along, and in the vicinity of, the 8,000 miles of U.S. boundaries.

In 2005, 24% of prosecutors’ offices reported problems recruiting new staff, and 35% had problems retaining staff attorneys. Thirty-seven percent of full-time medium offices and 27% of full-time large offices reported problems recruiting new staff attorneys, compared to 11% of part-time offices. Among offices identifying staff retention and recruitment problems, salary was the number one concern.

Overall, plaintiffs won in 56% of all tort and contract trials in 2005. The rate of plaintiff success varied according to the type of case litigated. Plaintiff win rates were not applicable to real property trials.

Plaintiffs were more likely to win in contract cases (66%) than in tort cases (52%). Mortgage foreclosure (89%), animal attack (75%), and seller plaintiff (75%) cases had the highest percentage of plaintiffs who prevailed. Plaintiffs won in over half of the trials for motor vehicle accidents (64%), employment discrimination (61%), and product liability (55%) cases, but prevailed in less than a third of medical malpractice (23%) cases.

Eligible applicants are professional or scholarly societies that must—

1. be a U.S. based national or international organization whose members pursue scholarly, scientific, and professional knowledge concerning the measurement, etiology, consequences, prevention, control, and treatment of crime and delinquency 
2. have a history of promoting criminal justice education, scholarly research, and policy analysis
3. have a membership that includes scholars who are national or international in scope and multidisciplinary in orientation, research professionals in agencies from all sectors of the criminal justice system, and students pursuing studies in criminal justice or related social sciences areas
4. convene an annual meeting that provides a forum for sharing and discussing research and policy analyses relevant to crime and delinquency, at which funded fellowships will be featured
5. if it is a for-profit organization, agree to forgo any profit or management fee.

Foreign governments, foreign organizations, and foreign institutions of higher education are not eligible to apply.

Under this program, the recipient organization, BJS, and selected research fellows will have specific responsibilities.

Professional or scholarly society responsibilities. The selected organization will ensure that the following requirements are fulfilled:

1. A program coordinator is identified who will oversee the administration of the fellowship program on behalf of the professional or scholarly society.
2. A solicitation for fellowship applications is developed and published annually in collaboration with BJS.
3. Eligible fellowship applicants will be defined as members of the selected professional or scholarly society who are—

Preference will be given to new faculty members and persons who recently received their doctorate degree. Funded fellowships will be limited to one per institution or agency per year.

1. 1. full-time faculty members of all ranks and non-faculty research staff (including post-doctoral research fellows) who have doctorate degrees and who are employed by a fully accredited degree-granting educational institution in the United States. The recipient organization will ensure that members at historically black colleges and universities, and Hispanic-serving institutions are encouraged to apply for a fellowship.
   2. researchers holding doctorate degrees and who are currently employed full time in a local or state governmental criminal justice agency.
       

4. The research project proposed by fellowship applicants must—

1. 1. use, in whole or in part, existing data made available by BJS
   2. have direct implications for criminal justice policy and practice in the United States
   3. clearly demonstrate how the proposed project will use or improve BJS data or statistical series
   4. advance criminal justice knowledge, practice, or policy for criminal justice agencies in the United States
   5. be completed within 9 months.

5. Applications that involve multiple recipients of fellowships may be submitted. However, such projects may not involve more than three fellowships, and individuals who are proposed as fellows may only be connected to one application.
6. Priority for fellowships will be given to applicants who use existing BJS datasets. However, applications that propose using other available data that could inform gaps in BJS's current statistical collection portfolio may also be considered. Applicants proposing to use non-BJS data must demonstrate how these data meet standards related to validity and reliability for the research question posed, and how the data inform technical and substantive issues related to the identified gap in knowledge.
7. Fellowship applicants interested in analyzing BJS restricted-use data to create linkages to other BJS data or auxiliary files from other statistical agencies or sources, or to identify local geographic areas, are strongly encouraged to contact BJS to—

This outreach and communication must be reflected in fellowship applications.

1. 1. assess the feasibility of the proposed research topic and availability of the data to be used
   2. clarify processes for accessing such data.

8. The fellowship program encourages quantitative, qualitative, primary, and secondary data analysis. Special consideration will be given to applicants who use the most rigorous statistical methods applicable to their proposed research topic to maximize the validity and reliability of findings.
9. Human subjects protection paperwork are completed (if applicable), including Institutional Review Board (IRB) documentation, forms, and a privacy certificate. The documentation is not required at the time of application. However, if awarded and if applicable to the project, successful applicants will be required to submit this paperwork.
10. Submitted fellowship applications will be evaluated through a peer-review process, which ensures that—

1. 1. fellowship applications include the assurances described herein
   2. proposed projects are consistent with the goals and objectives of the fellowship program.

11. BJS is provided with final recommendations for its research fellows so BJS may approve these selections prior to any public announcement.

BJS responsibilities. BJS will—

1. provide funding to the recipient organization for up to 10 fellowships at $7,500 each, depending on the appropriated funds available
2. supply a list of priority research topics and datasets to the recipient organization so applicants may consider them
3. make BJS staff available to respond to questions regarding datasets under consideration
4. facilitate the access to restricted-use datasets, if needed
5. consider publishing the successful applicants' completed report (see below) as a BJS working paper.

Research fellow responsibilities. The research fellow will—

1. ensure that the application includes a letter of support from their academic institution or agency of employment
2. assess the relevant literature and develop appropriate methods for analysis based on that review, regardless of the topic proposed, and include this information in the application
3. produce at least one product with substantive or methodological focus that BJS will disseminate as a working paper or report
4. ensure that the application proposes at least the following three deliverables:

1. 1. A publishable 20- to 30-page report on the research project that, at a minimum, includes—
   1. 1. synopses of relevant literature and previous research
      2. a discussion of the research questions or hypotheses that guided the research
      3. the methodology employed, including a thorough discussion of all data used and any dataset linking or merging methods
      4. analytical techniques used
      5. key findings derived from the analysis
      6. major conclusions or recommendations emanating from the project, including those that may address BJS data quality issues.
    
   2. An in-person presentation based on the completed research project at the Office of Justice Programs in Washington, DC. The presentation will be arranged by BJS in consultation with the faculty research fellow.
   3. An in-person presentation based on the completed research project at the selected professional or scholarly society's annual meeting. The presentation will be arranged and funded by the professional or scholarly society, in consultation with the faculty research fellow and BJS.

In addition to the deliverables listed above and any required datasets, interim and final progress reports, and financial reports, BJS expects scholarly products may result from fellowships awarded under the faculty research fellowship, including one or more published, peer-reviewed, scientific journal articles, or (if appropriate) law review journal articles, books or book chapters in the academic press, or similar scientific product.

The research project carried out by the fellow must to be completed within 9 months.

Possible projects will be identified in the solicitation developed jointly by the selected professional or scholarly society and BJS. The program will be announced by BJS and the selected organization, including placement on the BJS website.

Respond to the solicitation, which is located on the Funding tab of the BJS website. The solicitation will contain more information about the application deadline, where to send the application, specific application requirements, and the selection process.

For more information, select the Funding tab on the BJS website or email [email protected].

Only degree-granting educational institutions in the United States are eligible to apply. The applicant must be fully accredited by a regional institutional accreditation agency recognized by the U.S. Secretary of Education and must apply as the sponsor of a doctoral candidate whose dissertation research substantially uses BJS data or fills a gap in BJS’s statistical portfolio.

BJS encourages eligible institutions to sponsor outstanding and promising doctoral students whose dissertation research may impact criminal justice policy and practice in the United States. BJS prioritizes applications for research that use BJS data.
Applications for research using other data that could fill a gap in BJS’s statistical portfolio will also be considered. These applications should show how the novel data are reliable and valid and how they add technical and substantive knowledge to a specific gap.

Applicants may be interested in linking BJS restricted-use data to other BJS data or to other statistical sources’ auxiliary files. Or applicants may want to use BJS data to identify local geographic areas. Such applicants should contact BJS to—

Successful applicants must clearly show how the dissertation research will use BJS data and advance criminal justice knowledge, practice, or policy in federal agencies. BJS encourages quantitative, qualitative, primary and secondary data analysis, and mixed-methods studies. BJS favors applications for research that use the most rigorous methods to maximize the validity and reliability of the study’s findings.

BJS will make awards in the form of grants. The amount of each award is $40,000, usable over the project period for the student's salary, tuition and fees, research expenses, and related costs.

The award’s performance period is typically 12 to 18 months and no more than 3 years.

Each fiscal year’s fellowship solicitation lays out some potential projects. Before applying, institutions can contact BJS staff to find a mutually agreeable project or discuss how to focus the dissertation research to meet BJS needs. Choosing to collaborate early with BJS can help ensure that the project grasps the frequent complexities of BJS data. Such consultations are not required and in no way guarantee BJS will choose the application. Email [email protected] to find out if your project relates to BJS’s work.

Find the solicitation at the Funding page on the BJS website. The solicitation contains details about the application deadline, where to send the application, application requirements, and the selection process.

For more information, select the Funding tab on the BJS website or email [email protected].

The Gun Control Act of 1968, as amended, 18 U.S.C. 921, et seq., establishes the following categories of persons who are prohibited from receiving or possessing a firearm — any person pursuant to 18 U.S.C. 922(g) and (n) who:

-- has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
-- is a fugitive from justice;
-- is an unlawful user of or addicted to any controlled substance;
-- has been adjudicated as a mental defective or who has been committed to a mental institution;
-- is an illegal or unlawful alien or a non-immigrant alien (with certain exceptions);
-- has been discharged from the Armed Forces under dishonorable conditions;
-- having been a citizen of the United States, has renounced his citizenship;
-- is subject to a domestic violence protection order that meets certain requirements;
-- has been convicted in any court of a misdemeanor crime of domestic violence; or
-- is under indictment for a crime punishable by imprisonment for a term exceeding one year.
 

The NICS Improvement Act was enacted in the wake of the April 2007 shooting tragedy at Virginia Tech. The Virginia Tech shooter was able to purchase firearms from an FFL because information about his prohibiting mental health history was not available to the NICS and the system was therefore unable to deny the transfer of the firearms used in the shootings.  The NICS Improvement Act seeks to address the gap in information available to NICS about such prohibiting mental health adjudications and commitments and other prohibiting backgrounds.  Filling these information gaps will better enable the system to operate as intended to keep guns out of the hands of persons prohibited by federal or state law from receiving or possessing firearms.

The NICS is administered by the Federal Bureau of Investigations (FBI).  A NICS check includes a check of three databases maintained by the FBI, including the:

• Interstate Identification Index (III), a database of criminal history record information,
• National Crime Information Center (NCIC) which includes information on persons subject to civil protection orders and arrest warrants, and
• NICS Index which includes the information contributed by federal and state agencies identifying persons prohibited from possessing firearms who are not included in the III or NCIC, such as persons with a prohibiting mental health history or who are illegal or unlawful aliens.

If a NICS check identifies a person as falling within a prohibited category, the FBI advises the FFL that the transfer is "denied." Individuals can appeal denials and seek the correction of the information in the FBI databases by either applying to the FBI or the federal or state agency that contributed the information to the FBI.

The NICS Improvement Amendments Act of 2007, Pub. L. 110-180 ("NICS Improvement Act"), was signed into law by the President on January 8, 2008.  The NICS Improvement Act amends the Brady Handgun Violence Prevention Act of 1993 ("the Brady Act") (Pub. L. 103-159), under which the Attorney General established the National Instant Criminal Background Check System (NICS).  The Brady Act requires Federal Firearms Licensees (FFLs) to contact the NICS before transferring a firearm to an unlicensed person for information on whether the proposed transferee is prohibited from receiving or possessing a firearm under state or federal law.

The NICS Improvement Act grant programs do not supplant NCHIP. Rather, the NICS Improvement Act grants are to be made in a manner "consistent with" and "in accordance with" NCHIP. The major difference from NCHIP is that the NICS Improvement Act grants may only be used for specified purposes related to achieving the completeness goals for the records directly related to NICS checks. In addition, the NICS Improvement Act authorizes a separate grant program for funding that is dedicated to be used by state courts systems, where most of the disposition information missing from the national repositories originates.

For further information on any of these topics, please email the Office of Intergovernmental and Public Liaison, U.S. Department of Justice.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is available to answer questions about whether existing state laws meet the standards for state relief from disability programs contemplated in the National Instant Criminal Background Check System (NICS) Improvement Act. ATF is also available to provide technical assistance to states seeking to establish such programs under the Act. State questions and requests for assistance can be directed to ATF at [email protected]. See also State Relief from Disabilities Program Criteria and Federal Relief From Disabilities Program Criteria.

For fiscal year 2009, $10 million has been appropriated. There are two conditions that each state must satisfy before being eligible to receive grants:

-- First, a state must provide to the Attorney General a "reasonable estimate," based on a methodology established by the Attorney General, of records subject to the Act's completeness requirements; and

-- Second, a state must certify, to the satisfaction of the Attorney General, that the state has implemented a program permitting persons who have been adjudicated a mental defective or committed to a mental institution to obtain relief from the firearms disabilities imposed by law as a result of such adjudication or commitment. This relief must be granted, in accordance with principles of due process, by a state court, board, commission, or other lawful authority. The relief must be based on a finding that the circumstances of the disability and the person's record and reputation are such that the person will not be likely to act in a manner dangerous to the public safety and that the granting of relief would not be contrary to the public interest.

Before the enactment of the National Instant Criminal Background Check System (NICS) Improvement Act, a person's adjudication as a mental defective or commitment to a mental institution was effectively a lifetime prohibition. Concerns were expressed to Congress about the permanence of this prohibitor and the life-long effect it would have on persons whose mental health adjudication or commitment records would be provided to the NICS under the Act's provisions. To address these concerns, the Act included not only provisions to require or promote the sharing of information about this disability for use by the NICS, but also provisions that require or authorize the establishment of federal and state programs that allow individuals to seek relief from the federal mental health firearms disability.

The NICS Improvement Act seeks to improve the information available to the NICS, so that the system can more accurately identify prohibited persons, by: 

-- Enhancing the Brady Act requirement that federal departments and agencies provide relevant information to the NICS; and
-- Providing incentives to states to submit complete information to the Attorney General on persons prohibited from receiving or possessing firearms through:
-- Authorizing new grant programs for state executive and judicial branch agencies to improve information sharing with NICS; and
-- Providing for Byrne Justice Assistance Grant (JAG) program penalties for states that do not comply with the Act's record completeness goals.

Ten million dollars has been appropriated for fiscal year 2009. Additionally, the Byrne grant penalties are deferred until 2011, are discretionary from 2011 to 2017, and become mandatory in 2018.

No. Only records of court or other lawful authority findings or orders that the meet the above ATF definition, not medical records or other details underlying the findings or orders, are entered in the NICS Index. The records entered in the NICS Index include only a name and other biographic identifiers to identify a person in this category.

When information about such adjudications and commitments is provided to the NICS, the FBI can deny firearms transactions to persons with disqualifying mental health histories, both in the state where the record was created and in other states to which the individual may have subsequently moved.

The information in the NICS is subject to the Privacy Act and the privacy of the information is protected in a number of ways. The only responses provided by the NICS to a request for a NICS check is "Proceed," "Denied" or "Unresolved." In cases of a "Denied" response, neither the general prohibiting category nor information about the specific event that places an individual in that prohibited category is provided to the FFL. The individual, however, is able to request information about the reason for the denial and can appeal the denial and seek to correct incomplete or inaccurate information in the system upon which the denial is based. 

In addition, as noted above, the information identifying mental health adjudications or commitments contributed by federal and state agencies is maintained in the NICS Index. The regulations governing the NICS limits the use of the NICS Index to: (1) checks under the Brady Act by FFLs of proposed firearms transferees; (2) checks by federal, state, or local criminal justice agencies in connection with the issuance of a firearms-related or explosives-related license or permit; and (3) requests by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in connection with civil or criminal law enforcement relating to the federal Gun Control Act (18 U.S.C. Chapter 44) or National Firearms Act (26 U.S.C. Chapter 53). Checks of the NICS Index for general law enforcement purposes are not permitted under the regulations. See 28 CFR. 25.6(j).

Finally, the NICS Improvement Act requires the Attorney General to work with state and local law enforcement and the mental health community to establish regulations and protocols specifically for protecting the privacy of information in the NICS relating to mental health. The Justice Department plans to engage in the required consultations on these regulations and protocols in the near future.

Grant opportunities available through the Department of Justice’s Office of Justice Programs are listed on the OJP website at https://ojp.gov/funding/index.htm. In addition, all federal grant opportunities – including those sponsored by the Department of Justice - are listed with Grants.gov at https://www.grants.gov/.

JUSTSTATS is an email notifying subscribers of new crime and justice statistical materials as they become available from the Bureau of Justice Statistics (BJS), FBI, and the Office of Juvenile Justice and Delinquency Prevention (OJJDP). To subscribe to JUSTSTATS, enter your name and email address into the "Stay Connected" box on our site.

The mission of BJS is to collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to federal, state, and local policymakers in combating crime and ensuring that justice is both efficient and evenhanded.

In many instances, spreadsheets or other files have been grouped and compressed to speed downloads. These archival files are presented in .zip format, which must be expanded to view and use. Commercial and free expanders are available for most platforms. Go to Info-ZIP for free, portable, high-quality versions of the Zip and UnZip compressor-archive utilities.
 

You can subscribe to BJS' JUSTSTATS email list to get electronic notices of new crime and justice statistical materials as they become available from—

• BJS
• FBI
• Office of Juvenile Justice and Delinquency Prevention (OJJDP)

Once you subscribe, you will receive an email notification from JUSTSTATS when updated or new information becomes available.

You may also be interested in subscribing the JUSTINFO, a biweekly electronic newsletter available from the National Criminal Justice Reference Service (NCJRS), BJS' clearinghouse. To view past issues of JUSTINFO or to subscribe, visit the JUSTINFO Newsletter section of the NCJRS website.

From 1987 to 2004, the percentage of trial courts requiring judges to hold a law degree increased from 87% to 88% in limited jurisdiction courts, and from 44% to 52% in general jurisdiction courts. More states established pre-bench and continuing education requirements for both limited and general jurisdiction trial judges in 2004 than in 1993, the first year such data were available. 

From 1993 to 2004, the number of states with pre-bench education requirements for general jurisdiction judges increased from 23 to 30 and for limited jurisdiction judges, from 22 to 28. There was also a 23% increase in the number of states requiring general jurisdiction judges to continue enrolling in specific training courses during their tenure, and a 19% increase in the number of states requiring the same for limited jurisdiction judges.