NCJ Number
59937
Journal
Canadian Criminology Forum Volume: 1, INTRODUCTORY ISSUE Dated: (SPRING 1979) Pages: 25-31
Date Published
1979
Length
7 pages
Annotation
A CRITICAL REVIEW OF THE FOUR-STAGE DIVERSION CONCEPT PROPOSED IN A WORKING PAPER BY THE CANADIAN LAW REFORM COMMISSION IS PRESENTED.
Abstract
THE FOUR STAGES ARE AS FOLLOWS: (1) ABSORPTION OF THE CONFLICT BY THE COMMUNITY, WITHOUT RECOURSE TO POLICE OR THE COURTS; (2) POLICE SCREENING, RESULTING REFERRAL OF THE INCIDENT BACK TO THE FAMILY OR COMMUNITY; (3) PRETRIAL DIVERSION, IN FAVOR OF OUT-OF-COURT MEDIATION; AND (4) ALTERNATIVES TO IMPRISONMENT (DISCHARGE, RESTITUTION, FINES, SUSPENDED SENTENCES, PROBATION, COMMUNITY-SERVICE ORDERS, ETC.). PROBLEMS INVOLVED IN DEVELOPING A FORMAL DIVERSION PROGRAM AT EACH STAGE ARE IDENTIFIED, INCLUDING THE POSSIBILITY THAT MORE RATHER THAN FEWER PEOPLE WILL BE BROUGHT INTO THE CRIMINAL JUSTICE SYSTEM THROUGH DIVERSION, THE LEGAL ISSUES IMPLIED BY THE ASSUMPTION OF GUILT UNDERLYING THE DIVERSION CONCEPT, THE POSSIBILITY THAT DIVERSION WILL MERELY REDEFINE LABELS AND NOT REALLY ELIMINATE STIGMATIZATION, AND THE QUESTION OF WHETHER PROCEEDINGS MAY BE RESUMED AGAINST A DIVERTED PERSON WHO HAS SUCCESSFULLY COMPLETED A PRETRIAL SETTLEMENT. IT IS CONCLUDED THAT, IN LIGHT OF SUCH PROBLEMS, OF EVIDENCE THAT A GREAT DEAL OF INFORMAL DIVERSION APPEARS TO BE TAKING PLACE ALREADY, AND OF THE LACK OF EVIDENCE ON THE EFFECTIVENESS OF DIVERSIONARY PROGRAMS, DIVERSION SHOULD NOT BE FORMALIZED. A LIST OF REFERENCES IS INCLUDED.--IN ENGLISH, WITH A SUMMARY IN FRENCH. (LKM)