ALTERNATIVES TO PROSECUTION - DIVERSION FROM THE CRIMINAL JUSTICE PROCESS - DRAFT OF FINAL REPORT OF AMERICAN BAR FOUNDATION STUDY OF NON-CRIMINAL DISPOSITION OF CRIMINAL CASES - DRAFT 2

• NCJ Number: 10019
• Author(s): R T NIMMER
• Date Published: Unknown
• Length: 210 pages
• Grant Number(s): NI-71-067
• Corporate Author: American Bar Foundation
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE RATIONALE OF THE CONCEPT OF DIVERSION AND A SURVEY OF DIVERSION COUNSELING AND TREATMENT SERVICES IN THE THREE AREAS IN WHICH PRE-TRIAL DISPOSITION IS APT TO OCCUR.

Abstract

THE TWO MOST IMPORTANT CHARACTERISTICS ARE THAT DIVERSION PROVIDES A TOOL FOR DISPOSITION FOR THOSE CASES IN WHICH A CRIMINAL CONVICTION IS UNDESIRABLE AND THAT THE DIVERSION PROCESS CONSTITUTES AN EARLY, TIME-SAVING DISPOSITION. THE AREAS IN WHICH DIVERSION SERVES AS A FREQUENTLY APPLIED ALTERNATIVE ARE COMPLAINTS ARISING FROM PERSONAL DISPUTES, CHARGES AGAINST DEFENDANTS WHOSE UNDERLYING PROBLEMS ARE BORDERLINE BETWEEN PUBLIC HEALTH AND CRIMINAL JUSTICE CONCERNS, AND CRIMINAL CHARGES AGAINST OFFENDERS WITH NO EXTENSIVE PRIOR CRIMINAL RECORD. THE VIEWS OF THE JUDGES AND THE PROSECUTING ATTORNEYS ARE THE MOST IMPORTANT IN THE DISCRETIONARY SYSTEM WHICH LEADS TO A DECISION ON PRE-TRIAL DIVERSION. AN EFFORT IS MADE TO ACCOMMODATE VICTIM AND DEFENDANT INTERESTS. THE VARIETY OF FORMATS WHICH THE PROGRAMS EMPLOY AND THE EVALUATIVE STUDIES WHICH THE PROGRAMS THEMSELVES CONDUCTED ARE DESCRIBED. NO ATTEMPT IS MADE TO INDEPENDENTLY EXAMINE THE EXTENT TO WHICH CURRENT DIVERSION PROGRAMS ACHIEVE A REDUCTION IN FUTURE CRIMINALITY.