NCJ Number
60240
Journal
Deviance et societe Volume: 1 Issue: 4 Dated: (DECEMBER 1977) Pages: 459-470
Date Published
1977
Length
12 pages
Annotation
THE DIFFERENT KINDS OF DIVERSION AND THE PROGRAMS CURRENTLY USED IN THE UNITED STATES ARE EXPLAINED AND EVALUATED.
Abstract
THE CONCEPT OF DIVERSION ORIGINATED IN THE UNITED STATES AS A RESULT OF THE RECOMMENDATION OF THE PRESIDENT'S COMMISSION. IT IS INTENDED TO LESSEN THE BURDEN ON CRIMINAL COURTS, TO ERASE THE STIGMATIZATION CONNECTED TO THE CRIMINAL JUSTICE SYSTEM, TO PREVENT VIOLATIONS OF HUMAN DIGNITY CONNECTED WITH TRIAL AND IMPRISONIZATION, AND TO ACTIVELY INVOLVE THE COMMUNITY IN THE TREATMENT OF CRIMINAL OFFENSES. THE STUDY DISTINGUISHES BETWEEN THREE LEVELS OF DIVERSION: (1) COMPLETE AVOIDANCE OF THE CRIMINAL JUSTICE SYSTEM (DECRIMINALIZATION), (2) PARTIAL INVOLVEMENT OF THE JUDICIAL SYSTEM BUT NO COURT PROCEDURE (CASES OF PROSECUTORIAL DISCRETION, PRETRIAL DISCRETION), AND (3) AVOIDANCE OF CERTAIN MEASURES COMMONLY TAKEN BY THE JUDICIAL SYSTEM (ESPECIALLY ALTERNATIVE FORMS OF PUNISHMENT). VARIOUS U.S. COMMUNITY PROGRAMS SUCH AS THE BRONX NEIGHBORHOOD YOUTH DIVERSION PROGRAM, THE NEW JERSEY JUVENILE CONFERENCE COMMITTEES, THE NEIGHBORHOOD YOUTH RESOURCE CENTER, AND PROGRAM 2407 ARE DESCRIBED FOR THE BENEFIT OF FOREIGN CORRECTIONAL EXPERTS. MANY EXPERTS HAVE HIGH HOPES FOR DIVERSION PROGRAMS: A REDUCTION OF RECIDIVISM, A DECREASE IN PUBLIC EXPENSE, AVOIDANCE OF STIGMATIZATION, VICTIM RECOMPENSATION BY THE OFFENDER, AND MORE TIME FOR COURTS AND POLICE TO CONCENTRATE ON SERIOUS OFFENSES. SOME OF THESE HOPES ARE EITHER EXAGGERATED OR UNFEASIBLE FROM AN ADMINISTRATIVE POINT OF VIEW. THE PROBLEMS CREATED BY DIVERSION MAY BE CONSIDERABLE: AN INCREASE IN OFFENSES RESULTING FROM THE LOSS OF THE DETERRENT EFFECT OF PUNISHMENT, AND A DANGER TO PUBLIC SECURITY. DIVERSION AND ITS PROGRAMS MUST BE STUDIED IN GREATER DETAIL. THE ARTICLE INCLUDES FOOTNOTES. --IN FRENCH. (SAJ)