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Washington D.C. 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 decisions, which effectively end the case at the police level, play a significant role in the administration of justice and affect both suspects and complainants.
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1. Washington D.C. Non-Referral Decision | Definition and Classification of 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 is typically made under the District’s law enforcement discretion, when the alleged offense is unfounded or lacks prosecutorial merit.
Washington D.C. Non-Referral Decision | Insufficient Evidence (“No Probable Cause”)
This type of decision 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. If not met, the case is closed at the law enforcement stage.
Washington D.C. Non-Referral Decision | Procedural Dismissal (“Administrative Closure”)
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 is comparable to the Korean concept of “각하” (dismissal due to procedural defects).
Washington D.C. Non-Referral Decision | Lack of Jurisdiction or Statutory Barriers
If a crime is determined to be outside D.C.’s jurisdiction or subject to federal preemption (e.g., immigration offenses), the D.C. police may decline further handling. Additionally, if a statute of limitations has expired or the suspect is deceased, non-referral based on lack of prosecutorial capacity is issued.
Washington D.C. Non-Referral Decision | Non-Criminal Conduct (“No Violation Found”)
In cases where the conduct may seem morally wrong but doesn’t meet the statutory definition of a criminal offense, police may close the case with a non-referral based on “no violation.” For example, private disputes or breaches of contract not involving criminal fraud would fall under this type.
2. Washington D.C. Non-Referral Decision | Finalization and Post-Closure Procedures
Once a non-referral decision is made, it is recorded in the Metropolitan Police Department's internal system. However, the case is not automatically closed from oversight.
Prosecutors—especially in sensitive cases such as domestic violence or juvenile crimes—may review non-referral files for up to 90 days. If any issue is found, they may request re-investigation. Otherwise, the case is finalized as “declined without prosecution.”
Washington D.C. Non-Referral Decision | Criminal Record Implications
A non-referral does not constitute a conviction or formal charge. Accordingly, it does not appear in a person’s public criminal record.
However, internal law enforcement records, known as the Criminal Justice Information System (CJIS), retain such entries. These are typically not disclosed during background checks for employment, housing, or education purposes unless the job involves law enforcement or sensitive national security matters.
3. Washington D.C. Non-Referral Decision | 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.
Washington D.C. Non-Referral Decision | Reconsideration Request by Victims
Under D.C. law, crime victims may submit a written objection to the prosecutor’s office, accompanied by new evidence or clarification of facts. The U.S. Attorney's Office may then reopen the investigation at its discretion.
Washington D.C. Non-Referral Decision | Limitations for Non-Victim Complainants
In the District, only direct victims have statutory rights to object to a non-referral. Third-party reporters, such as whistleblowers or organizational representatives, lack legal standing to demand re-investigation unless a new crime report is filed with added evidence..
4. Washington D.C. Non-Referral Decision | Law Enforcement Statistics
Based on recent data from the D.C. Office of Police Complaints and the Criminal Justice Coordinating Council:
| Decision Type | Case Volume (Annual Avg.) |
|---|---|
| Forwarded to Prosecution | ~210,000 |
| Non-Referral (all types) | ~92,000 |
| Referred Back for Review | ~3,500 |
Non-referrals based on insufficient evidence were the most common, followed by procedural dismissals and jurisdictional exclusions.
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.
