U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

MODEL FOR COMMUNITY DIVERSION

NCJ Number
48717
Journal
Canadian Journal of Criminology Volume: 20 Issue: 3 Dated: (JULY 1978) Pages: 296-300
Author(s)
J AUBUCHON
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.