DIVERSION OF JUVENILE OFFENDERS FROM THE CRIMINAL JUSTICE SYSTEM (FROM ALTERNATIVE STRATEGIES FOR COPING WITH CRIME, 1978, BY NORMAN TUTT - SEE NCJ-53694)

• NCJ Number: 53696
• Author(s): A MORRIS
• Date Published: 1978
• Length: 19 pages
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

AN OVERVIEW OF JUVENILE OFFENDER DIVERSION IN ENGLAND, SCOTLAND, THE UNITED STATES, AND CANADA IS PRESENTED.

Abstract

THE DISCUSSION FOCUSES ON SCREENING AGENCIES AND PRETRIAL DIVERSION--MECHANISMS FOR MINIMIZING PENETRATION INTO THE JUVENILE/CRIMINAL JUSTICE SYSTEM. HOWEVER, CONSIDERATION ALSO IS GIVEN TO THE DIVERSION OF YOUNG OFFENDERS FROM THE SYSTEM ALTOGETHER. ADVANTAGES AND DISADVANTAGES COMMONLY CITED FOR JUVENILE DIVERSION ARE SUMMARIZED. DIVERSIONARY PRACTICES IN ENGLAND (INCLUDING POLICE CAUTIONING AND THE ACTIVITIES OF JUVENILE BUREAUS), SCOTLAND (WHERE LAY-STAFFED WELFARE TRIBUNALS HAVE REPLACED JUVENILE COURTS), AND THE UNITED STATES ARE DISCUSSED, AS ARE PROPOSALS FOR A TWO-STAGE SCREENING/DIVERSION SYSTEM FOR JUVENILES IN CANADA. IT IS POINTED OUT THAT ENTHUSIASM FOR DIVERSION HAS IN SOME CASES ACTUALLY RESULTED IN INCREASES IN THE NUMBER OF YOUTHS OFFICIALLY PROCESSED AND HAS PROBABLY POSTPONED MORE NECESSARY AND RADICAL REFORMS, SUCH AS CHANGES IN SCHOOL SYSTEMS. IT IS ALSO NOTED THAT ONLY THE CANADIAN PROPOSALS, WHICH RECOGNIZE YOUTHS' RIGHT TO COUNSEL AT ALL STAGES OF DIVERSION, TAKE INTO CONSIDERATION THE LEGAL RIGHTS OF JUVENILES DURING THE DIVERSIONARY PROCESS. THE POSSIBILITY THAT DIVERSION MAY BECOME ANOTHER MEANS OF SOCIAL SELF-DECEPTION, IN WHICH TERMINOLOGY IS REVAMPED BUT LITTLE ELSE CHANGES, IS RAISED. (LKM)