NCJ Number
37431
Journal
Crime and Delinquency Volume: 22 Issue: 4 Dated: (OCTOBER 1976) Pages: 393-410
Date Published
1976
Length
18 pages
Annotation
THIS PAPER CRITICALLY EXAMINES THE USE AND MISUSE OF JUVENILE COURT DIVERSION BY DESCRIBING AND ASSESSING THE CHARACTERISTICS OF JUVENILE COURT DIVERSION PROJECTS.
Abstract
THE AUTHOR FIRST EXAMINES PROBLEMS IN THE DEFINITION OF DIVERSION AND DISCUSSES THE IMPORTANT ROLE DIVERSION PLAYS IN THE OPERATION OF THE JUVENILE COURT. FOUR DIVERSION PROJECTS ARE THEN DESCRIBED. THESE ARE: THE NEW JERSEY JUVENILE CONFERENCE COMMITTEES, THE SACRAMENTO COUNTY 601 DIVERSION PROJECT, THE VAN DYKE YOUTH SERVICE BUREAU, AND THE BRONX NEIGHBORHOOD YOUTH DIVERSION PROGRAM. COMMON CHARACTERISTICS OF THESE FOUR PROGRAMS ARE NOTED - THE USE OF PARAPROFESSIONALS FROM THE COMMUNITY, A RELIANCE ON CRISIS INTERVENTION, THE CENTRAL ROLE OF ARBITRATORS AND ADMINISTRATORS RATHER THAN JUDGES, THE TREND TO AVOID STIGMA, A CONCENTRATION ON STATUS OFFENSES AND MINOR DELINQUENCY, AND A LACK OF EVALUATION. A PROPOSED BALANCE SHEET SET FORTH TO WEIGH THE VALUE OF DIVERSION DISCUSSES THE CLIENTS OF THESE PROGRAMS AND THEIR TREATMENT, FAIRNESS AND THE POWER OF THE STATE, THE AVAILABLE RESOURCES, AND EVALUATIONS OF THESE PROGRAMS. THE AUTHOR ARGUES THAT DIVERSION PROJECTS ARE DANGEROUS TO THE EXTENT THAT THEY MAY DESTROY THE NECESSARY BALANCE OF SOCIAL WELFARE AND DUE PROCESS. THE COURT STILL HAS AN IMPORTANT ROLE TO PLAY BY REVIEWING CASES FOR ABUSE OF DISCRETION, BY CREATING SPECIAL MASTERS AS OMBUDSMEN TO DETERMINE WHAT IS HAPPENING IN THE SYSTEM, AND BY INCREASING THE RESEARCH CAPABILITIES AVAILABLE TO THE JUDICIAL BRANCH. FINALLY, THE ARTICLE NOTES THAT DIVERSION MAY BE ONLY A HALFWAY MEASURE WHICH TAKES THE PRESSURE OFF THE SYSTEM TO ELIMINATE STATUS OFFENSES AND, INSTEAD, CREATES AN EQUALLY COERCIVE SOCIAL CONTROL SYSTEM WITH LESS VISIBILITY AND ACCOUNTABILITY. (AUTHOR ABSTRACT MODIFIED)