NCJ Number
44039
Journal
CRIMINOLOGY - AN INTERDISCIPLINARY JOURNAL Volume: 15 Issue: 3 Dated: (NOVEMBER 1977) Pages: 335-352
Date Published
1977
Length
18 pages
Annotation
THE POSSIBILITY THAT YOUTH DIVERSION PROGRAMS MAY BE FAILING TO PROVIDE A FAIR TEST FOR THE CONCEPT OF DIVERSION IS EXAMINED.
Abstract
DIVERSION HAS BEEN DEFINED AS A PROCESS OF REFERRING YOUTH TO EXISTING COMMUNITY TREATMENT OR PREVENTION PROGRAMS IN LIEU OF FURTHER JUVENILE JUSTICE SYSTEM PROCESSING AT ANY POINT BETWEEN APPREHENSION AND ADJUDICATION. ALTHOUGH THE TERM 'DIVERSION' HAS BEEN APPLIED TO A VARIETY OF DISCRETIONARY ACTIONS TAKEN BY POLICE, PROBATION, COURT, AND CORRECTION OFFICERS, THE DEFINITION PLACES THE FOLLOWING RESTRICTIONS ON THE APPROPRIATE USE OF THE TERM: (1) DIVERSION PRESUPPOSES A RECEIVING AGENCY THAT OFFERS SOME FORM OF YOUTH DEVELOPMENT OR DELINQUENCY PREVENTION SERVICE, THUS DISTINGUISHING DIVERSION FROM SCREENING; (2) DIVERSION IS A SUBSTITUTE FOR FURTHER OFFICIAL PROCESSING, NOT AN ALTERNATIVE TO SCREENING; (3) THE RECEIVING AGENCY LIES OUTSIDE THE FORMAL JURISDICTION OF THE JUVENILE JUSTICE SYSTEM; (4) DIVERSION OCCURS BETWEEN APPREHENSION AND ADJUDICATION AND DOES NOT APPLY TO POST-ADJUDICATION REFERRALS; AND (5) THE DECISION TO DIVERT SHOULD NOT INVOLVE COERCION. ANALYSIS OF SEVERAL YOUTH DIVERSION PROGRAMS SUGGESTS THAT PROGRAM PERSONNEL EITHER ARE UNAWARE OF THESE RESTRICTIONS, UNDERSTAND THE RESTRICTIONS BUT UNDERESTIMATE THEIR IMPORTANCE, OR HAVE CHOSEN TO IGNORE THEM. IT IS POSSIBLE THAT THE CONCEPT OF DIVERSION MAY BE REJECTED NOT BECAUSE IT IS INVALID BUT BECAUSE IT HAS NOT BEEN FAIRLY TESTED. A LIST OF REFERENCES IS INCLUDED.