NCJ Number
65102
Journal
Canadian Journal of Criminology Volume: 22 Issue: 1 Dated: (JANUARY 1980) Pages: 36-50
Date Published
1980
Length
15 pages
Annotation
THIS CANADIAN ARTICLE DISCUSSES PREVENTIVE AND ACTUAL DIVERSION, EXAMINES THE RATIONALE FOR DIVERSION, AND REVIEWS EMPIRICAL EVIDENCE OF THE SUCCESS OR FAILURE OF DIVERSION IN PREVENTING FURTHER DELINQUENCY.
Abstract
PREVENTIVE DIVERSION IS INITIATED WHEN THE INDIVIDUAL IS SEEN AS POTENTIALLY DELINQUENT, OR PREDELINQUENT, AND WHEN DIVERSION MIGHT ALLEVIATE THE CONDITIONS CONDUCIVE TO A LIFELONG CRIMINAL CAREER. CENTURIES OLD, SUCH PREVENTIVE DIVERSION, INCLUDES TREATMENT--AN ATTEMPT TO PREVENT FURTHER PROBLEMATIC BEHAVIOR; SETTLEMENT--NEGOTIATING WITH VICTIMS OR POLICE FOR RESTITUTION OR THE DROPPING OF CHARGES; AND ALTERNATE PUNISHMENT--AN ATTEMPT TO AVOID INCARCERATING THE OFFENDER. FORMAL DIVERSION, WHICH IS, IN PART, AN ATTEMPT TO OFFER THE POOR AND DISADVANTAGED THE SAME OPTIONS AS THE WELL-OFF HAVE ALWAYS HAD, REFERS TO THE ROUTINE SUSPENSION OF FURTHER CRIMINAL JUSTICE PROCESSING AT ANY POINT OF DECISIONMAKING, COUPLED WITH REFERRAL TO A COMMUNITY PROGRAM AND THE CONDITION THAT FURTHER PROCESSING WILL BE TERMINATED IF PROGRAM OBLIGATIONS ARE FULFILLED. INCREASED USE OF DIVERSION HAS ARISEN AS A RESULT OF INEQUITIES AND OVERLOADS IN THE CRIMINAL JUSTICE SYSTEM; FEAR OF POSSIBLE NEGATIVE EFFECTS OF LABELS AND STIGMATIZATION; INEFFECTIVENESS OF THE SYSTEM IN CONTROLLING CRIME; AND A FEELING OF COMMUNITY RESPONSIBILITY FOR CRIME. A SUMMARY OF EMPIRICAL EVALUATION STUDIES OF JUVENILE DIVERSION SINCE 1976 SHOWS FEW NEGATIVE EFFECTS OF AND AN OVERALL RATE FOR DIVERSION PROJECTS. HOWEVER, METHODOLOGICAL SHORTCOMINGS, INCLUDING LACK OF TREATMENT CONTROL AND COMPARISON GROUPS, LACK OF PARTICIPANT DATA, SMALL SAMPLE SIZES, VARIATION ON LENGTH OF EVALUATION, AND LACK OF STANDARD MEASURES OF RECIDIVISM, PLAGUE THESE STUDIES. FUTURE RESEARCH RECOMMENDATIONS INCLUDE USE OF AN EXPERIMENTAL CONTROL PARADIGM IN WHICH JUVENILES ARE RANDOMLY ASSIGNED TO CONDITIONS, USE OF HIERARCHICAL MULTIPLE-CORRELATION ANALYSIS, USE OF MORE THAN ONE RECIDIVISM MEASURE, THE DEVELOPMENT OF A DIFFERENTIAL EFFECTS MODEL, AND EVALUATION REPORTS THAT PROVIDE BOTH ADEQUATE STATISTICAL ANALYSIS OF THE DATA RELATING TO PROGRAM EFFECTIVENESS AND EXAMINE AND DESCRIBE THE PROGRAM IN SUFFICIENT DETAIL. REFERENCES ARE GIVEN. (AOP)