US · guidance
Justice Manual § 9-27.260
Initiating and Declining Charges—Impermissible Considerations
In determining whether to commence or recommend prosecution or take other action against a person, the attorney for the government may not be influenced by:
The person's race, religion, gender, ethnicity, national origin, sexual orientation, or political association, activities, or beliefs;
The attorney's own personal feelings concerning the person, the person's associates, or the victim; or
The possible effect of the decision on the attorney's own professional or personal circumstances.
Charges or statutory sentencing enhancements may not be filed, nor the option of filing charges or enhancements raised, simply to exert leverage to induce a plea or because the defendant elected to exercise the right to trial.
In addition, federal prosecutors and agents may never make a decision regarding an investigation or prosecution, or select the timing of investigative steps or criminal charges, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party. See § 9-85.500.
History
[updated June 2023]
Provenance
- Source
- justice.gov
- Retrieved
- 2026-09-20
- Edition
- jm-2026-09-20
- Content hash
143fdf1afa5e37af3daa7ff6769e670b1c60ea4592d0402899ed577dc5174af1
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