NCJ Number
48717
Journal
Canadian Journal of Criminology Volume: 20 Issue: 3 Dated: (JULY 1978) Pages: 296-300
Date Published
1978
Length
5 pages
Annotation
A POLICE AND PROSECUTOR DIVERSION PROGRAM IS DESCRIBED, AND ITS ADVANTAGES AND POTENTIAL PROBLEMS ARE IDENTIFIED AND DISCUSSED.
Abstract
THE PROGRAM DESCRIBED OPERATES IN A SEGMENT OF THE VICTORIA COMMUNITY WHICH HAS ESTABLISHED A COMMUNITY DIVERSION CENTER. THE PROJECT PROVIDES THAT A POLICE OFFICER OR PROSECUTOR, SATISFIED THAT A LAW HAS BEEN BROKEN AND THAT EVIDENCE EXISTS TO WARRANT PLACING A CHARGE, CAN USE HIS DISCRETION TO DIVERT THE ACCUSED RATHER THAN CHARGE HIM. A DIVERSION WORKER MEETS WITH INVOLVED CRIMINAL JUSTICE PERSONNEL AND MEMBERS OF THE ACCUSED'S FAMILY TO EXPLAIN THE OPTIONS AVAILABLE TO THE ACCUSED. THE ADVANTAGES OF A TRIAL (TO ESTABLISH INNOCENCE) AND OF THE DIVERSION PROGRAM (TO AVOID A MORE SEVERE SANCTION IF FOUND GUILTY AT A TRIAL) ARE CLEARLY PRESENTED AND THE ACCUSED CHOOSES HIS OPTION. A CHOICE OF DIVERSION AND SUBSEQUENT PARTICIPATION IN THE PROGRAM MEANS THE CHARGES ARE DROPPED. THE DIVERSION PROGRAM CONSISTS OF THE FOLLOWING ALTERNATIVES, USED IN LIGHT OF THE OFFENSE INVOLVED: (1) MAKE RESTITUTION OF STOLEN GOODS OR MONEY; (2) MEET WITH THE VICTIM TO APOLOGIZE FOR THE WRONG DONE; (3) ATTEND A SERIES OF MEETINGS TO WORK OUT WITH A DIVERSION OFFICIAL AN APPROPRIATE RECONCILIATION CONTRACT; (4) PERFORM A PERIOD OF COMMUNITY SERVICE WITHOUT PAY; (5) AND ATTEND A WORKSHOP DESIGNED TO HELP THE CLIENT EXAMINE THE CAUSES AND CONSEQUENCES OF HIS OFFENSE. FORMAL FOLLOWUP OF THE CLIENTS WHO HAVE BEEN IN THE PROGRAM, FOR 2 1/2 YEARS WAS AVOIDED TO PRESERVE ANONYMITY; HOWEVER, THE MONITORING OF COURT LISTS INDICATES THAT APPARENTLY WELL BELOW 5 PERCENT OF THE DIVERTEES HAVE BEEN CHARGED WITH A SUBSEQUENT OFFENSE. GENERALLY, THE DIVERSION PROGRAM PROVIDES FLEXIBILITY AND DISCRETION IN THE CHOICE OF REMEDIAL ACTION, WITH THE SANCTION BEING MORE DIRECTLY RELATED TO THE OFFENSE. POSSIBLE DANGERS CITED INCLUDE: FAILURE TO SAFEGUARD THE LEGAL RIGHTS OF THE ACCUSED TO SEEK ACQUITTAL IN THE COURTS; POSSIBILITY OF TOO READILY RESORTING TO DIVERSION WHEN A WARNING WOULD BE MORE APPROPRIATE; TEMPTATION OF DIVERSION BECOMING A TREATMENT AGENCY; AND THE INCLINATION OF BECOMING INSTITUTIONALIZED SUCH THAT INVOLVEMENT WITH THE CLIENT AND THE COMMUNITY IS DEPERSONALIZED.