ALTERNATIVES TO PROSECUTION - A SURVEY OF THE PRACTICE OF DIVERSION - DRAFT 3

• NCJ Number: 13988
• Author(s): R NIMMER
• Date Published: 1973
• Length: 211 pages
• Grant Number(s): NI-71-067
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: American Bar Foundation
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

AN INTENSIVE ANALYSIS OF DISPOSITION PATTERNS AND RATIONALES IN TWO MODERATE-SIZED URBAN AREAS, EXPLORING AREAS IN WHICH DIVERSION COMMONLY OCCURS AND HOW CRIMES ARE HANDLED IN THE ABSENCE OF FORMAL DIVERSION PROGRAMS.

Abstract

DIVERSION PROGRAMS ARE DESCRIBED IN THE THREE MOST COMMON CASE AREAS - PERSONAL AND MONETARY DISPUTES - DEVIANT BEHAVIOR DEEMED RELATED TO AN ILLNESS, SUCH AS NARCOTIC ADDICTION AND ALCOHOLISM - AND CASES INVOLVING DEFENDANTS WITH LIMITED OR NO PREVIOUS RECORD. DISCRETIONARY DECISIONS OF POLICE, PROSECUTOR, AND JUDGE, TOGETHER WITH THOSE OF VICTIM, DEFENDANT AND DIVERSION PROGRAM STAFF WERE FOUND IMPORTANT IN THE CASE DISPOSITIONS. IT WAS CONCLUDED THAT DIVERSION PROGRAMS ARE DEALING WITH RELATIVELY FEW CASES, AND THAT NO RELIABLE EXISTING DATA CONFIRMS THAT DIVERSION HAS MORE EFFECTIVE BENEFICIAL EFFECTS THAN TRADITIONAL PROCESSING. IT IS CONSIDERED THAT WHILE DIVERSION IS A SIGNIFICANT ADDITION TO DISPOSITIONAL ALTERNATIVES, IT WILL NEVER BE EXTENDED ROUTINELY TO INCLUDE SERIOUS OFFENDERS. DATA WAS GATHERED THROUGH THE USE OF QUESTIONNAIRES, SITE VISITS, LOCAL CONSULTANTS, AND AN ADVISORY COMMITTEE.