NCJ Number
63753
Date Published
1979
Length
12 pages
Annotation
DIVERSION ISSUES ARE RAISED AND THEN A REFORMED APPROACH TO DIVERSION IS ADVOCATED WITH THE INTENT BEING TO CAUSE A WIDESPREAD VARIETY OF PROCEDURES, ELIMINATION OF THE 'EXPERIMENT,' AND A REALISTIC ATTITUDE TO DIVERSION.
Abstract
CURRENT DIVERSION PRACTICES ARE ROOTED IN THE 1967 RECOMMENDATION OF THE PRESIDENT'S COMMISSION ON LAW ENFORCEMENT AND ADMINISTRATION OF JUSTICE THAT ENTRY OF OFFENDING JUVENILES INTO THE FORMAL, STRUCTURED JUSTICE SYSTEM SHOULD BE SUPERSEDED BY THEIR REFERRAL TO LOCAL COMMUNITY AND YOUTH SERVICE BUREAUS. THE PRACTICES, HOWEVER, ARE SOMEWHATE CONFUSED DUE TO THE LACK OF TRUE THEORETICAL UNDERPINNINGS WITH PROVEN VALIDITY AND USEFULNESS; LACK OF GUIDELINES RESTRICTING DIVERSION WO WILLING JUVENILES WHO HAD EITHER VIOLATED THE LAW OR HAD BEEN FOUND LEGALLY IN NEED OF SUPERVISION OR ASSISTANCE; LACK OF APPROPRIATE EXAMINATION OF THE GOALS OF DIVERSION (RESOCIALIZATION, AVOIDANCE OF LABELING, COST-SAVING FOR STATE); AND LACK OF POLICY ON WHO SHOULD BE DIVERTED. OTHER ISSUES THAT MUST BE DEALT WITH ARE THE TIME FOR DIVERSION TO HAPPEN IN VIEW OF SOCIETY'S BENEFIT AND THE JUVENILE'S RIGHTS, THE AGENCY OR BODY TO ABSORB COSTS OF DIVERSION (THE OFFENDER, THE STATE, OR A PRIVATE AGENCY), AND METHODS OF EVALUATING DIVERSION IN THE FACE OF SIGNIFICANT LIMITATIONS TO EVALUATION SUCH AS THE DIFFICULTY IN FOLLOWING UP, THE INADEQUACY OF OFFICIAL DATA AND SELF-REPORTS, AND THE POSSIBLE BENEFITS OF DIVERSION THAT ARE NOT HIGHLY VISIBLE. FINALLY, THE EFFECT OF DIVERSION PROGRAMS ON OTHER ASPECTS OF THE JUSTICE SYSTEM MUST BE STUDIED. DIVERSION COULD CAUSE LARGE NUMBERS OF BEHAVIORS TO BE CLASSIFIED AS DEVIATE AND COULD BRING MANY JUVENILES WHO WOULD NOT OTHERWISE ENCOUNTER THE JUSTICE SYSTEM INTO CONTACT WITH IT AS A RESULT. DISCUSSION QUESTIONS AND NOTES ARE PROVIDED. (DAG)