May 13, 1996
MEMORANDUM TO ALL EMPLOYEES OF THE: United States Attorneys Offices,
Federal Bureau of Investigation, Criminal Division,United States
Marshals Service, Drug Enforcement Administration,Immigration and
Naturalization Service, Office of Justice Programs Community Relations
Service
FROM: The Attorney General; Director, Federal Bureau of
Investigation;Administrator, Drug Enforcement Administration;
Director, United States Marshals Service; Commissioner, Immigration and
Naturalization Service;Assistant Attorney General, Criminal Division;
Chair, Attorney General's Advisory Committee; Director, Executive Office
of United States Attorneys; Assistant Attorney General, Office of
Justice Programs; Administrator, Office of Juvenile Justice and
Delinquency Prevention; Acting Director, Community Relations Service
RE: Anti-Violent Crime Initiative/Youth Violence
It has been almost two years since we announced the Anti-Violent
Crime Initiative. Your outstanding effort in establishing coordinated
strategies with federal, state and local law enforcement agencies has
had a substantial impact on some of the most serious violent crime
problems in your districts. We now need a similar, coordinated response
to expand and reinforce our ongoing efforts to combat the crisis of
juvenile violence. This is an issue of substantial importance to the
Department of Justice, and it is important that the employees of the
components working on this issue understand how we will address this
challenge. For this reason, we are taking the extraordinary step of
jointly sending this memorandum to all of you.
While the increase in violent crimes committed by adults appears to
be easing, juvenile violent crime is projected to escalate. Between 1985
and 1994, arrests of juveniles for violent crime increased 75 percent,
while the number of murders committed by juveniles using guns more than
tripled. What makes this problem worse is that by the year 2010, the
number of juveniles age 15 to 17 is expected to grow by more than 22
percent. If current trends persist, we will see further dramatic
increases in juvenile violent crime -- unless we take action now.
We all recognize that law enforcement initiatives alone will not be
sufficient to stem the rising tide of youth violence unless they are
joined with efforts to keep children from becoming involved in crime. We
also know that the majority of this work must be undertaken by state and
local officials. Nevertheless, federal law enforcement agencies have a
critical role to play in fighting youth violence by investigating and
prosecuting certain serious juvenile offenders and adults who involve
juveniles in federal criminal activities. Further, these agencies can,
through their leadership and infrastructure, support and enhance state
and local initiatives -- both law enforcement and otherwise -- to fight
youth violence.
With this in mind, we are taking significant steps to address this
emerging problem. First, the Attorney General recently appointed a
senior Department official to serve as Counsellor to the Attorney
General for Youth Violence. In this position, Kent Markus will work to
ensure that the Department's efforts to combat youth violence are
coordinated and kept at a high priority.
Second, the Attorney General recently announced the release of the
Coordinating Council on Juvenile Justice and Delinquency Prevention's
report entitled, Combating Violence and Delinquency: The National
Juvenile Justice Action Plan. This document outlines eight objectives
that Americans should engage in to fight youth violence. For each key
objective, the Action Plan reviews effective strategies and programs
from across the nation, describes federal initiatives to assist states
and localities, and gives state and local officials and the public
information on establishing community-based initiatives to fight youth
violence.
Third, the Department of Justice is proposing major revisions to the
Federal Juvenile Delinquency Act. As many of you have noted, the present
federal system is ill-equipped to respond to extremely violent youthful
offenders. This legislation, if passed, will simplify federal juvenile
prosecutions and will closely follow state statutes which allow certain
serious and violent juveniles to be prosecuted as adults. Although we do
not necessarily anticipate an increase in the number of juveniles
prosecuted federally, this legislation will better enable us to bring
successful prosecutions in appropriate cases.[FN1]
FN1.We note that pursuant to 18 U.S.C. § 5032,
provisions regarding adult prosecution of certain juvenile offenders may
not apply to persons subject to the criminal jurisdiction of an Indian
tribal government unless the governing body of the tribe has elected to
have such provisions have effect over land and persons subject to its
jurisdiction.
Fourth, in an attempt to ease the restrictions of the existing
system, the Attorney General has delegated to United States Attorneys
the authority to determine whether to seek the transfer of juveniles for
adult prosecution. In addition, because the prosecution and detention of
juveniles often involve unique problems, we have designated individuals
at the United States Marshals Service, Bureau of Prisons, and Criminal
Division to provide you with assistance when issues cannot be solved at
the local level.[FN2] We have also scheduled seminars and prepared
manuals for prosecutors and others to provide guidance on issues related
to the prosecution of violent juvenile offenders.
FN2.The contacts are: Kristine M. Marcy, Assistant
Director for Prisoner Services, United States Marshals Service, (703)
416-8900; James L. Beck, Assistant Administrator, Bureau of Prisons,
(202) 307-3171; and E. Thomas Roberts, Terrorism and Violent Crime
Section, Criminal Division, (202) 307-3950 or (202) 514-0849.
Finally, and most significantly, the Department of Justice will
undertake a comprehensive strategy to combat the crisis of juvenile
violence as part of the Anti-Violent Crime Initiative. This strategy
will build on our ongoing efforts under the Initiative and should
involve all pertinent law enforcement agencies, as well as broad-based
community action. As we mentioned above, the response to juvenile crime
has been the traditional responsibility of state, tribal and local law
enforcement agencies. Nevertheless, we must recognize that given the
nature of the problem, a coordinated federal/state/tribal/local effort
to reduce youth violence is appropriate and necessary.
While each district is best equipped to evaluate its particular
crime problems, your Anti-Violent Crime strategy should include a focus
on violent youth gangs and on those adults who use or involve juveniles
in unlawful activity. It should also assure that, when appropriate, the
most violent juvenile offenders will be prosecuted as adults. Finally,
it should use every tool available to stem the flow of guns to children.
With this in mind, we believe there are certain guiding principles that
exemplify how these goals can be reached.
Your strategies should use existing federal, state and local
partnerships to develop a comprehensive approach to juvenile
violence.[FN3]
FN3.We note that some state and local law
enforcement officials have expressed concern that federal laws and
regulations may place restrictions on the use or sharing of juvenile
criminal history records by law enforcement agencies. An initial
analysis by the Department of Justice finds that while there are no
federal restrictions on the use of juvenile criminal history
records by law enforcement agencies, there may be state laws
which limit how such records can be used. The Department is currently
preparing guidance for federal, state, and local law enforcement
agencies with respect to accessing a range of records concerning
juveniles.
In shaping and implementing your strategy, districts should
coordinate their plans using the federal, state, tribal and local law
enforcement partnerships that were formed or enhanced under the
Anti-Violent Crime Initiative. Suggestions for these efforts include:
- violent crime task forces composed of Department of Justice and
other federal, state, tribal and local law enforcement agencies that
focus on investigations of gangs and drug traffickers that involve
juveniles;
- Organized Crime Drug Enforcement Task Forces that focus on youth
offenders using firearms in drug conspiracies;
- task forces composed of federal, state, tribal and local law
enforcement agencies that address juvenile gun possession by focusing on
adults who unlawfully sell/distribute handguns to juveniles or by
tracing firearms seized from juveniles;
- Law Enforcement Coordinating Committees that facilitate training on
juvenile issues among federal, state, tribal and local law enforcement
agencies; and
- Empowerment Zones, Weed and Seed neighborhoods, the Comprehensive
Communities Program, PACT and SafeFutures sites, and other
community-based initiatives to focus resources on juvenile
violence.
Further, in order to reinforce existing partnerships and enhance
cooperation, districts should consider approaches that include:
- cross-designating state prosecutors and Assistant U.S. Attorneys to
assist each other in the prosecution of violent juveniles;
- establishing a network among gang investigators to facilitate
juvenile case referrals;
- sharing information and creating databases to identify geographic
areas having a high incidence of juvenile gun violence;
- providing training to state and local prosecutors in the
identification of cases which may qualify for prosecution under federal
statutes;
- coordinating state and local firearms tracing efforts with ATF to
determine if we can identify and effectively target those who supply
guns to juveniles;
- coordinating with HUD and other public housing officials to develop
strategies to deal with gangs and violent juveniles in those facilities.
The strategies should recognize that federal prosecution of
juvenile offenders is warranted in certain instances to assure that
appropriate sanctions are being imposed.
Effective implementation of your strategies requires the
coordination of prosecutive decision making with state and local
prosecutors who traditionally have the primary responsibility to
prosecute juveniles. In most instances, state and local juvenile justice
systems will be able to provide the appropriate sanctions and resources
to deal with juvenile offenders. However, there may be instances where
federal prosecution is warranted. Priority areas for federal prosecution
may include the following:
Violent crimes committed by juveniles, particularly in cases
involving one or more of these factors:
- the juvenile is a member of a violent gang or major drug
organization;
- the juvenile has a violent criminal history;
- the case involves violent conduct occurring in multiple jurisdictions;
- there is evidence that the juvenile has recruited younger juveniles
to engage in criminal activity;
- the juvenile has committed violent crime, or repeated crimes on
federal enclaves, including Indian reservations;
- the violent crime resulted in death or serious bodily injury to the
victim.
- Adults who use juveniles to assist in committing federal crimes;
- Adults who unlawfully provide weapons to juveniles, particularly:
- where it can be proved that the adult knew or had reasonable
cause to know that the juvenile intended to use the weapon in the
commission of a crime of violence, or
- in a case involving multiple sales or transfers of
firearms to juveniles;
- Juveniles who are engaged in weapons trafficking;
and
- Juvenile weapons possession in specific areas, such as
schools, public or assisted housing, or recreational
facilities.
In cases involving juveniles, federal, state, and local
prosecutors should decide how the case may best be handled. A key factor
in that decision will be a comparison of the potentially applicable
statutes and sanctions. In many instances, because of the availability
of state statutes, the districts will defer to the states to prosecute
cases of juvenile handgun possession. In other instances, federal
prosecutions will be undertaken.
The strategies should include a plan to work with local
officials and educators to provide safe havens for our children
especially in our schools.
It is important to focus our limited federal resources on places
where children and teenagers should feel safe -- at home, at school, and
in recreation centers. Children should not be afraid to go to school
because of gun violence. The President has directed vigorous enforcement
of the Gun-Free Schools Act of 1994 (GFSA) which provides expulsion for
students who carry guns to schools.[FN4] Importantly, the GFSA also
requires school officials to report gun incidents in schools to criminal
justice or juvenile delinquency authorities. We urge each of you, along
with state, tribal and local law enforcement agencies, to meet with
school officials in your district to develop referral mechanisms that
are prompt and fair.
FN4.The Gun-Free Schools Act of 1994 should not be
confused with the Gun-Free School Zones Act of 1990. In U.S. v.
Lopez (115 S.Ct. 1624), the Supreme Court found that the provision
of the Gun-Free School Zones Act, codified as 18 U.S.C. § 922(q),
which made it a federal offense for any individual knowingly to possess
a firearm in a place that individual believes or has reasonable cause to
believe is a school zone, violates the Commerce Clause. The Department
of Justice has drafted legislation which would amend the statute by
requiring prosecutors to prove that the firearm had been involved in
interstate commerce.
Your plans may want to utilize some of the following strategies
to enhance the cooperation between law enforcement and school officials:
- using Assistant U.S. Attorneys, Deputy U.S. Marshals, FBI
agents, DEA agents, INS agents, and others to educate students about the
hazards and criminal consequences of carrying guns;
- developing a school program in which ex-offenders
(e.g., convicted felons, former gang members or others)
warn children about the consequences of violent or gun-related criminal
conduct;
- exploring the possibility of using asset forfeiture funds, or
tapping other funding sources, to fund anti-gun programs, such as metal
detectors, safe corridor programs, hotlines, or other efforts that are
appropriate for the jurisdiction.
The district plans should also include law enforcement
approaches to the problem, such as:
- meeting with school officials and security personnel, as well as
state and local prosecutors and law enforcement officials, to establish
a system to coordinate criminal referrals;
- identifying cases for prosecution in schools with a history of
violence or incidents of gun possession;
- coordinating with local law enforcement, school officials and ATF to
assure that all guns seized from juveniles or at schools are traced; and
- conducting a limited amnesty program for students who wish to turn
in guns, followed by prosecution of juveniles possessing handguns after
the amnesty program has ended.
Finally, the strategies should involve broad-based community
action to enhance public awareness and utilize effective programs for
prevention and intervention.
Many federal prosecutors recognize the importance of being
involved in efforts beyond prosecution to deter juveniles from engaging
in criminal activity. We know that the problem of juvenile violence
cannot be addressed by prosecution alone. As the leaders of the law
enforcement community in your jurisdiction, you have the unique ability
to bring together state and local officials -- both law enforcement and
otherwise -- to develop strategies to prevent youth from turning to
violent crime while assuring that the few that do are prosecuted
appropriately. Components of the Department of Justice are supporting
programs to address youth violence, and many of these programs are being
implemented in consultation with your offices.
Given the significant diversity among jurisdictions, each
district is best equipped to determine the most effective strategies for
its community. However, as a common element, your plans should reflect a
commitment by federal prosecutors to increased community involvement, as
well as enhanced participation by crime victims. The Action Plan and
other resources at the Department of Justice can assist you in this
regard. Among the ideas you should consider:
- meeting with different organizations within the community
(e.g., business groups, non-profits, local media) to encourage
them to get involved in the fight against youth violence, and to show
them how they can impact the problem, improve the juvenile justice
system, and break the cycle of violence;
- working with local juvenile justice agencies and federal probation
officers to identify or develop effective juvenile programs designed to
stop the cycle of violence;
- expanding the role of Law Enforcement and Victim Witness
Coordinators to include community outreach, the emphasis of crime
victims' rights and new enforcement initiatives;
- involving crime victims in forums with citizens and students
discussing the effects of crime and the importance of crime prevention;
- including community groups and social service providers in violent
crime task force meetings to improve the gathering of information
related to violent crime investigations; and
- participating in broad-based community action groups directed at
violent crime or juvenile issues.
Conclusion
As each of you implement a strategy responsive to the particular
problems of your district, you should not hesitate to call upon the
expertise of the various components of the Department of Justice.
Further, as you identify successful strategies to fight youth violence,
we would encourage you to contact Kent Markus so that we may disseminate
this information to federal, state, local officials and others involved
in this initiative. Kent Markus can be reached at (202) 514-3008.
Many of you have already begun working with your state and local
counterparts to address the problem of violent juvenile crime and we
applaud your efforts. With your participation in a national strategy to
reduce youth violence, we can take a major step in the direction of
making communities safer for our children. As the Anti-Violent Crime
Initiative has so clearly demonstrated, a well-coordinated strategy
among federal, state and local law enforcement officials and prosecutors
is critical to an effective utilization of our scarce resources.
[cited in USAM 9-63.1200] |