# Justice Manual § 9-2.021: Armed Forces Enlistment as an Alternative to Federal Prosecution

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-2.021

## Section

- **Citation:** Justice Manual § 9-2.021
- **Heading:** Armed Forces Enlistment as an Alternative to Federal Prosecution
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-2.000 - Authority Of The U.S. Attorney In Criminal Division Matters/Prior Approvals / Justice Manual § 9-2.021

## Text

Present regulations of the Armed Services prohibit the enlistment of an individual against whom criminal or juvenile charges are pending or against whom the charges have been dismissed to facilitate the individual's enlistment. This policy is based, in part, on the premise that the individual who enlists under such conditions is not properly motivated to become an effective member of the Armed Forces.

Determination as to whether prosecution should be instituted or pending criminal charges dismissed in any case should be made on the basis of whether the public interest would thereby best be served and without reference to possible military service on the part of the subject. The Armed Forces are not to be regarded as correctional institutions and United States Attorneys are urged to give full cooperation to the Department of Defense in the latter's efforts to ensure a highly motivated all-volunteer Armed Forces and to bolster public confidence in military service as a respectable and honorable profession.

There may be exceptional cases in which imminent military service, together with other factors, may be considered in deciding to decline prosecution if the offense is trivial or insubstantial, the offender is generally of good character, has no record or habits of anti-social behavior, and does not require rehabilitation through existing criminal institutional methods, and failure to prosecute will not seriously impair observance of the law in question or respect for law generally. In no case, however, should the United States Attorney be a party to, or encourage, an agreement respecting foregoing criminal prosecution in exchange for enlistment in the Armed Services.

## Nearby sections

- [Justice Manual § 9-2.001 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-2.001.md)
- [Justice Manual § 9-2.010 Investigations](https://www.frixlaw.com/law-library/statutes/JM_S9-2.010.md)
- [Justice Manual § 9-2.020 Declining Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.020.md)
- [Justice Manual § 9-2.021 Armed Forces Enlistment as an Alternative to Federal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.021.md)
- [Justice Manual § 9-2.022 Pretrial Diversion as an Alternative to Federal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.022.md)
- [Justice Manual § 9-2.030 Authorizing Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-2.030.md)
- [Justice Manual § 9-2.031 Dual and Successive Prosecution Policy ("Petite Policy")](https://www.frixlaw.com/law-library/statutes/JM_S9-2.031.md)
- [Justice Manual § 9-2.032 Notification to the Criminal Division of Certain Prosecutions of Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-2.032.md)
- [Justice Manual § 9-2.040 Dismissal of Complaints](https://www.frixlaw.com/law-library/statutes/JM_S9-2.040.md)
- [Justice Manual § 9-2.041 Cancellation of Unexecuted Arrest Warrants](https://www.frixlaw.com/law-library/statutes/JM_S9-2.041.md)
- [Justice Manual § 9-2.050 Dismissal of Indictments and Informations](https://www.frixlaw.com/law-library/statutes/JM_S9-2.050.md)
- [Justice Manual § 9-2.060 Appeals, Mandamus, Stays, Rehearing, Certiorari](https://www.frixlaw.com/law-library/statutes/JM_S9-2.060.md)
- [Justice Manual § 9-2.100 Limitations on United States Attorneys](https://www.frixlaw.com/law-library/statutes/JM_S9-2.100.md)
- [Justice Manual § 9-2.101 American Bar Association Standards for Criminal Justice](https://www.frixlaw.com/law-library/statutes/JM_S9-2.101.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-2.021. Check the current official text before relying on it. Not legal advice.