Investigation and Prosecution of Homicide Cases in the United States, 1995-2000: The Process for Federal Involvement

This study addressed questions related to potential geographic and racial disparity in the investigation and prosecution of federal capital cases and examined the process by which criminal cases, specially homicide cases, enter the federal criminal justice system. The primary method of data collection used was face-to-face interviews of key criminal justice officials within each district included in the study. Between 2000 and 2004, the researchers visited nine federal districts and interviewed all actors in the state and federal criminal justice systems who potentially would play a role in determining whether a homicide case was investigated and prosecuted in the state or federal systems. The study focused on homicide cases because federal homicides represented the offense of conviction in all capital case convictions in the federal system under the 2000 and 2001 DOJ reports (see U.S. Department of Justice, "The Federal Death Penalty System: A Statistical Survey (1988-2000)," Washington, DC: U.S. Department of Justice, September 12, 2000, and U.S. Department of Justice, "The Federal Death Penalty System: Supplementary Data, Analysis and Revised Protocols for Capital Case Review," Washington, DC: U.S. Department of Justice, June 6, 2001). In addition, federally related homicides are frequently involved with drug, gang, and/or organized crime investigations. Using 11 standardized interview protocols, developed in consultation with members of the project's advisory group, research staff interviewed local investigative agencies (police chief or his/her representative, section heads for homicide, drug, gang, or organized crime units as applicable to the agency structure), federal investigative agencies (Special Agent-in-Charge or designee, section heads of relevant units), local prosecutors (District Attorney, Assistant District Attorney, including the line attorneys and section heads), and defense attorneys who practiced in federal court. Due to the extensive number of issues to be covered with the U.S. Attorneys' Offices, interviews were conducted with: (1) the U.S. Attorney or designated representative, (2) section heads, and (3) Assistant U.S. Attorneys (AUSAs) within the respective sections. Because the U.S. Attorneys were appointed following the change in the U.S. Presidency in 2000, a slightly altered U.S. Attorney questionnaire was designed for interviews with the former U.S. Attorney who was in office during the study period of 1995 through 2000. In some instances, because the project focus was on issues and processes from 1995 through 2000, a second individual with longer tenure was chosen to be interviewed simultaneously when the head or section head was newer to the position. In some instances when a key respondent was unavailable during the site visit and no acceptable alternative could be identified, arrangements were made to complete the interview by telephone after the visit. The interviews included questions related to the nature of the local crime problem, agency crime priorities, perceived benefits of the federal over the local process, local and federal resources, nature and target of joint task forces, relationships between and among agencies, policy and agreements, definitions and understanding of federal jurisdiction, federal investigative strategies, case flow, and attitudes toward the death penalty.