DIVERSION FROM THE CRIMINAL PROCESS - INFORMAL DISCRETION, MOTIVATION, AND FORMALIZATION

• NCJ Number: 9986
• Journal: Denver Law Journal Volume: 48 Dated: (1971) Pages: 211-238
• Author(s): S J BRAKEL
• Date Published: 1971
• Length: 28 pages
• Corporate Author: University of Denver
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DESCRIPTION AND ANALYSIS OF THE CONCEPT OF DIVERSION BASED ON FIELD RESEARCH IN THE MIDWEST, AND A DISCUSSION OF THE VARIOUS ATTEMPTS TO FORMALIZE THESE PRACTICES.

Abstract

FOCUSING ON DIVERSIONARY PRACTICES IN THE AREAS OF WHITE-COLLAR CRIME, SHOPLIFTING, FAMILY DISPUTES, AND FIRST OFFENSES, THE ARTICLE PRESENTS SOME PRELIMINARY CONCLUSIONS ABOUT THE NATURE OF DIVERSIONARY PRACTICES, THEIR MOTIVATIONS, AND OFFICIAL ATTEMPTS TO FORMALIZE THESE PRACTICES. THE DATA GATHERED DURING THE COURSE OF THE FIELD WORK SUGGEST THAT THERE ARE SERIOUS PROBLEMS CONNECTED WITH (PERHAPS INHERENT IN) THE INFORMALITY WHICH CHARACTERIZES MANY DIVERSIONARY PRACTICES. THE EXPERIENCES WITH FORMALIZED DIVERSION HAVE, HOWEVER, RAISED EQUALLY TROUBLESOME QUESTIONS. THE AUTHOR FIRST DISCUSSES THE FOUR CATEGORIES OF OFFENSES IN TERMS OF THEIR RATIONALES AND SUGGESTS THAT INFORMAL DIVERSION CARRIES WITH IT A SUBSTANTIAL POTENTIAL FOR DISCRIMINATORY APPLICATION. THEN, HE EXAMINES ATTEMPTS AT FORMALIZATION WHICH HE CONCLUDES HAVE FAILED. (AUTHOR ABSTRACT MODIFIED)