NCJ Number
56666
Journal
Federal Probation Volume: 42 Issue: 4 Dated: (DECEMBER 1978) Pages: 10-15
Date Published
1978
Length
6 pages
Annotation
THIS ARTICLE REVIEWS THE HISTORY OF FEDERAL DIVERSION PROGRAMS AND IDENTIFIES THE CONCEPTUAL SHIFT AWAY FROM REHABILITIATIVE AND COST BENEFIT JUSTIFICATIONS TOWARD THOSE OF PRAGMATISM AND APPROPRIATENESS.
Abstract
DIVERSION FROM THE CRIMINAL JUSTICE SYSTEM HAS BEEN VIEWED AS A CATALYST STIMULATING A DESIRE TO CHANGE IN THE ALLEGED OFFENDER. THIS CONCEPT RECOGNIZED THE TRAUMATIZING EFFECT OF ARREST AND DETENTION AND INSPIRED PROGRAMS DURING THE 1960'S EMPHASIZING THE REHABILITATION OF OFFENDERS. PSYCHOLOGICAL AND EDUCATIONAL SERVICES ATTEMPTED TO CORRECT THE PROBLEMS WHICH PROVOKED CRIMINAL BEHAVIOR. DIVERSION LEGISLATION OF THE 92ND AND 93RD CONGRESSES CONTINUED THE REHABILITATION PROGRAMS, BUT THE 95TH CONGRESS REASSESSED THE ASSUMPTIONS OF PREVIOUS LEGISLATION. THE ACTUAL EFFECTIVENESS OF DIVERSION APPEARED QUESTIONABLE. ALTHOUGH THE PROGRAMS' SUBJECTS DID HAVE LOW RECIDIVISM RATES, THE PROGRAMS WERE DELIBERATELY SCREENING OUT PERSONS LIKELY TO HAVE RECURRING PROBLEMS. THE SUPERVISION OF PERSONS NOT ADJUDICATED AS CRIMINALS ALSO RAISED ISSUES OF CONSTITUTIONAL DUE PROCESS OF LAW, AND FLAWS WERE DETECTED IN THE ECONOMIC AND PSYCHOLOGICAL BASES FOR THE PROGRAMS. PRAGMATIC REASONS DO EXIST FOR THE CONTINUATION OF MANY PROGRAMS IN THAT THEY EXPAND THE AVAILABLE METHODS OF CASE DISPOSITION. THE PROPOSAL OF THE 95TH CONGRESS, SENATE BILL 1819, SETS MINIMUM ELIGIBILITY STANDARDS FOR PARTICIPATING IN FEDERAL DIVERSION PROGRAMS, INCLUDING THE NONVIOLENT NATURE ALLEGED OFFENSE AND THE LIKELIHOOD THAT THE SUSPECT WILL NOT COMMIT VIOLENT ACTS IF RELEASED. EVENTUALLY A FEDERAL DIVERSION BILL WILL BE APPROVED BY THE CONGRESS. STATUTORY AND CASE LAW CITATIONS ARE PROVIDED. (TWK).