Assaults on Postal Employees18 U.S.C. § 1114
The amendment of 18 U.S.C. § 1114 which brought all Postal
employees within the protection afforded in 18 U.S.C. § 111 creates
jurisdiction over a substantial number of offenses which do not normally
Federal prosecution under the general guidelines discussed above.
some special attention needs to be given to the processing of offenses in
Consideration must be given to the selection of those
which will be presented to the United States Attorneys for their prosecutive
determination. The Post Office inspectors will benefit from some guidance
this regard, for their reports are prepared differently depending upon
presentation will be made to a U.S. Attorney or, as an alternative, to a
prosecutor. In addition, the presentment to and declination by a United
Attorney of prosecution in an investigation tends to lessen the ardor of a
prosecutor who is subsequently presented with the same investigation.
Care must be taken to distinguish the three different types of
violations of 18 U.S.C. § 111 relating to postal employees. These
(1) those assaults involving postal inspectors; (2) those involving
non-inspector postal employees by members of the public; and (3) those
an assault by one postal employee upon another postal employee.
Postal inspectors are engaged in the investigation of cases and
of the importance of their investigative role all potential violations of 18
U.S.C. § 111 involving postal inspectors should be presented to the
States Attorney's office rather than to a local prosecutor. The efficient
operations of postal inspectors can be significantly impaired by forcible
assaults or obstructions. Consequently, such instances should be considered
priority cases for prosecution.
With regard to the other two classes of assaults involving postal
employees, only those involving forcible assault need be presented to a
States Attorney for evaluation. Incidents not involving physical abuse can
be handled by local courts as either civil or criminal proceedings, or by
administrative remedies of the Post Office Department. Accordingly, we have
asked the Chief Postal Inspector's Office not to present to the United
Attorney's Office for evaluation those matters which do not involve physical
injury which is of such substantial character that the extent of the injury
be demonstrated and conveyed to a jury in a trial in the event that such
accepted for prosecution.
Even as to demonstrable physical assaults by members of the public
postal employees, the local courts may well afford a sufficient remedy. It
requested that the United States Attorney's Office evaluate and compare the
capability of both the local and Federal courts to render an appropriate and
expeditious remedy and such cases be accepted or declined for Federal
according to that evaluation. It is not intended that the United States
Attorney's Office accept for prosecution such physical abuse cases unless
significant deficiency in the local court remedy is apparent.
[cited in USAM 9-65.600]