Examples of Exceptional
Generally, an offense can be exceptionally
cleared when it falls into one of the following categories. The
list is not, however, all-inclusive, and there may be other circumstances
when a law enforcement agency is entitled to an exceptional
- Suicide of the offender (the person responsible is
- Double murder (two person kill each
- Deathbed confession (the person responsible dies
after making the confession).
- Offender killed by police or citizen.
- Confession by offender already in your custody or
serving sentence (this is actually a variation of a true clearance by arrest
-the offender would not be "apprehended" but in most situations would be
prosecuted on the new charge).
- Offender prosecuted by state or local authorities
in another city for a different offense or prosecuted in another city or state
by the Federal government for an offense which may be the same (an attempt is
made to return the offender for prosecution, but the other jurisdiction will
not allow the release).
- Extradition denied.
refuses to cooperate in the prosecution (this
action does not "unfound" the offense, and the answer must also be "yes" to
the first three questions relating to exceptional clearances).
- Warrant is outstanding for felon but before being
arrested the offender dies, for instance, of natural causes, as a result of an
accident, or is killed in the commission of another offense.
- The handling of a juvenile offender either orally
or by written notice to parents in instances involving minor offenses such as
petty larceny. No referral is made to juvenile court as a matter of
publicly accepted law enforcement policy.
It is recognized that
departmental policy in various law enforcement agencies permits the
discontinuance of investigation and the administrative closing of cases in which
all investigation has been completed. The administrative closing of a case
or the "clearing" of it by departmental policy does not permit exceptionally
clearing an offense unless all four questions mentioned earlier can be answered
"yes". The recovery of property does not clear a case for UCR
See FBI Uniform Crime Reporting Handbook for more information.