CRIMINAL PRACTICE - PRETRIAL INTERVENTION PROGRAMS - AN INNOVATIVE REFORM OF THE CRIMINAL JUSTICE SYSTEM

• NCJ Number: 30739
• Journal: Rutgers Law Review Volume: 28 Issue: 5 Dated: (SUMMER 1975) Pages: 1203-1224
• Author(s): ANON
• Date Published: 1975
• Length: 22 pages
• Corporate Author: Rutgers University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PURSUANT TO NEW JERSEY COURT RULE 3:28, THIS SYSTEM OF FORMALIZED DISCRETIONARY DIVERSION PROGRAMS PROVIDES REHABILITATION AND TREATMENT OPPORTUNITIES FOR SELECTED DEFENDNATS IN LIEU OF CRIMINAL PROSECUTION.

Abstract

PROGRAM PARTICIPATION OCCURS PRIOR TO TRIAL OR ENTRY OF PLEA. THIS ARTICLE EXAMINES THE BACKGROUND OF THE FORMALIZED PRETRIAL INTERVENTION (PTI) CONCEPT AND SOME OF THE LEGAL, PROCEDURAL, AND CONSTITUTIONAL ISSUES INHERENT IN THE NEW JERSEY PROCEDURES. CONSIDERED ARE THE POTENTIALLY COERCIVE NATURE OF PROGRAMS WHICH WOULD REQUIRE A GUILTY PLEA FROM THE POTENTIAL PARTICIPANT AS A PREREQUISITE TO ACCEPTANCE; THE NEED FOR DUE PROCESS HEARINGS AT THE INITIAL DETERMINATION OF PROGRAM SUITABILITY AND AT THE DECISION TO TERMINATE PTI PARTICIPATION; AND THE RESPECTIVE ROLES OF THE PROSECUTOR AND THE JUDICIARY.