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Non-Referral Decision
In Washington D.C., a "Non-Referral Decision" refers to a law enforcement agency's determination not to forward a criminal case to the prosecutor due to lack of sufficient evidence, jurisdictional issues, or procedural grounds. These Non-Referral Decisions, which effectively end the case at the police level and utilize considerable police discretion, play a significant role in the administration of justice and affect both suspects and complainants, offering a crucial filter in the criminal justice system by preventing weak cases from entering the courts.
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1. Non-Referral Decisions in Washington D.C. | Definition and Closure Types
A Non-Referral Decision in Washington D.C. marks the termination of a criminal investigation by police without forwarding it to the Office of the Attorney General or U.S. Attorney’s Office for prosecution. This administrative closure is typically made under the District’s law enforcement discretion, when the alleged offense is unfounded or lacks prosecutorial merit, signifying the police's final judgment on the investigation's viability and the strength of the evidence collected. It is a critical step that dictates whether the case moves forward to the prosecution phase or is halted at the investigative level, emphasizing the police officer's authority as a street-level decision-maker concerning the preliminary disposition of a case involving a potential Non-Referral Decision.
Insufficient Evidence
This type of decision, categorized as "No Probable Cause," occurs when the police conclude there is no reasonable basis to believe that a crime was committed or that the suspect committed it. Under Fourth Amendment standards, probable cause is required for further prosecutorial steps, meaning the officer must believe a crime occurred and the suspect is responsible, making the presence of compelling evidence crucial. If the police determine this necessary threshold is not met, the case is closed at the law enforcement stage, leading to a Non-Referral Decision that effectively exonerates the suspect in the eyes of the police, marking this closure type as the most frequent reason for such Non-Referral Decisions.
Procedural Dismissal
When a case lacks procedural prerequisites—such as a formal complaint, jurisdiction over the subject, or when the suspect is a minor under a threshold age—it may be administratively closed. This type of closure is comparable to the concept of "rejection" or "dismissal on procedural grounds" (specifically, "dismissal due to procedural defects") in many legal systems and is formalized as a Non-Referral Decision. Such a closure focuses strictly on technical or administrative barriers, for instance, a case where the statute of limitations has expired, rather than the merits of the alleged crime itself, making it a critical aspect of why police make Non-Referral Decisions.
2. Non-Referral Decisions in Washington D.C. | Finalization and Record Implications
Once a Non-Referral Decision is made, it is formally recorded in the Metropolitan Police Department's internal system as a non-referral, which begins the post-investigation review period. However, the case is not automatically closed from oversight, as the prosecutor’s office maintains a critical review period, particularly for sensitive cases. Prosecutors—especially in sensitive cases such as domestic violence or juvenile crimes—may review non-referral files for up to 90 days to ensure proper procedure was followed and evidence was fully considered. If any issue is found, they may request re-investigation; otherwise, the case is finalized as “declined without prosecution,” indicating the final administrative disposition of the Non-Referral Decisions.
Criminal Record Implications
A Non-Referral Decision does not constitute a conviction or formal charge because the case never reached the prosecution stage, which is a significant distinction from a court dismissal. Accordingly, it does not appear in a person’s public criminal record, protecting the subject's public reputation and making these Non-Referral Decisions invisible during standard employment background checks. However, internal law enforcement records, known as the Criminal Justice Information System (CJIS), retain such entries for future reference. These internal records are typically only disclosed during background checks for highly sensitive government roles or jobs involving law enforcement or national security matters, preserving a level of internal accountability for police Non-Referral Decisions.
3. Non-Referral Decisions in Washington D.C. | Response Options for Complainants
When a complainant disagrees with the police’s Non-Referral Decision, certain procedural options are available depending on the complainant’s legal status as defined by D.C. law, particularly in cases where the evidence was deemed insufficient. These limited avenues allow for a formal challenge to the police's determination and are crucial for ensuring accountability, demonstrating a necessary check on police discretion and the grounds for the Non-Referral Decision. The ability to contest a police Non-Referral Decision depends primarily on whether the individual qualifies as a direct victim under the relevant statutes and can provide compelling new information to the prosecutor's office.
Reconsideration Request by Victims
Under D.C. law, crime victims have specific rights, including the ability to submit a written objection to the prosecutor’s office, accompanied by new evidence or clarification of facts. This victim-initiated appeal is a crucial check on the power of the police to unilaterally close a case through a Non-Referral Decision. The U.S. Attorney's Office or the Office of the Attorney General may then reopen the investigation at its discretion after reviewing the victim's submission, providing a mechanism for correcting a questionable Non-Referral Decision and re-engaging the law enforcement system with new evidence.
Limitations for Non-Victim Complainants
In the District, only direct victims have statutory rights to object to a Non-Referral Decision made by the police. Third-party reporters, such as whistleblowers or organizational representatives, lack the formal legal standing to demand a re-investigation based on the original complaint. They must instead file a new crime report with added or substantially compelling evidence if they wish to challenge the original Non-Referral Decision, a requirement that highlights the limited scope of citizen oversight in this area of police procedure concerning Non-Referral Decisions.
4. Non-Referral Decisions in Washington D.C. | Law Enforcement Statistics
Based on recent data from the D.C. Office of Police Complaints and the Criminal Justice Coordinating Council, the volume of Non-Referral Decisions is significant compared to cases forwarded for prosecution, highlighting the role of police discretion as a key gatekeeper in the justice system. The statistics reveal the frequency with which cases are closed at the investigative stage, emphasizing the sheer number of police closures and the filtering effect of the police's initial assessment of the evidence before making a Non-Referral Decision.
| Decision Type | Case Volume (Annual Avg.) |
|---|---|
| Forwarded to Prosecution | ~210,000 |
| Non-Referral (all types) | ~92,000 |
| Referred Back for Review | ~3,500 |
Non-Referral Decisions based on insufficient evidence were the most common type, making up the largest percentage of the closed cases, followed by procedural dismissals and jurisdictional exclusions. These statistics underscore that the primary reason for a Non-Referral Decision is the police's determination that the evidence does not meet the necessary prosecutorial standards, a critical use of police discretion that diverts tens of thousands of cases annually through the process of making Non-Referral Decisions. The small percentage of cases referred back for review also indicates that the initial police determination is largely upheld.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
