1569
Assaults on Staff Members of FCI's
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United States Attorneys in those districts where Federal penal and
correctional institutions are located should give special prosecutive
attention
to cases involving assaults on staff members. Assaults by inmates upon
Federal
officers are considered most serious offenses. In order to deter such acts,
to
show support for the Federal employees working in these hazardous
assignments,
and thereby to strengthen the operation of the correctional segment of the
Department's criminal justice program, prompt and vigorous prosecution of
cases
involving inmate assaults upon employees should be pursued.
The foregoing policy does not eliminate the necessity of reviewing
a
prospective defendant's file and consulting with institution authorities to
rule
out the existence of factors which would tend to favor declination of
prosecution
under 18 U.S.C. § 111 for such an incident. Such factors would
include;
amount of good time subject to forfeiture, possible vacation of any
suspension
of sentence, effect of the incident on parole eligibility, and local
conditions
tending to mitigate or extenuate culpability. In some cases prosecution
under
18 U.S.C. §§ 751 and 1791 may prove a useful adjunct or
alternative
to
prosecution under 18 U.S.C. § 111.
[cited in USAM 9-65.600] | |