NCJ Number
178050
Journal
Policy Review Issue: 87 Dated: January/October 1998 Pages: 26-31
Date Published
1998
Length
6 pages
Annotation
Genesee County's (New York State) felony diversion track, which is operated by the sheriff's office in Batavia, unites county judges, prosecutors, and law enforcement officials under the objective to devise punishments that make criminals personally responsible for their offenses, both to their victims and their communities.
Abstract
Under this program the aim of punishment is not merely punitive, but restorative, in that it aims to repair the harm done to victims and their families. This is achieved through an emphasis on restitution and community-based service. Program participation is based on an offender's admitting his/her guilt and showing signs of remorse. A key component of the program is the meeting between the offender and the victim. With a mediator present, victim and offender discuss the crime and its effects on the individual and his/her family. Eventually they discuss how the offender can help repair the damage. Under restitution agreements, payment is made directly to victims, their families, or organizations they designate. All agreements are strictly enforced by the sheriff's department or the county probation office. Advocates of this program place it under the paradigm of restorative justice, a religiously rooted philosophy that redefines crime as an offense against human beings rather than against the state. Only 20 percent of the 150 felons placed in the diversion program have been rearrested, less than half the recidivism rate for offenders sentenced to prison.