POLICE JUVENILE DIVERSION - A SUMMARY OF FINDINGS

• NCJ Number: 48182
• Journal: Police Chief Volume: 45 Issue: 6 Dated: (JUNE 1978) Pages: 74-77
• Author(s): D M ROTHENBERGER; J R SHEPHERD
• Date Published: 1978
• Length: 4 pages
• Corporate Author: International Assoc of Chiefs of Police
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE DEFINITION, RATIONALE, HAZARDS, AND KEY INGREDIENT FOR POLICE JUVENILE DIVERSION ARE DISCUSSED, ALONG WITH OTHER FINDINGS FROM THE WORK OF A JUVENILE DIVERSION RESEARCH TEAM.

Abstract

IN RESPONSE TO A STATED GOAL OF THE MICHIGAN ADVISORY COMMISSION 'TO DIVERT THOSE JUVENILES WHO DO NOT NEED THE OFFICIAL INTERVENTION OF THE JUVENILE JUSTICE SYSTEM', THE STATE POLICE AND MEMBERS OF THE ADVISORY COMMISSION ASSIGNED A RESEARCH TEAM TO ASSESS THE DIVERSION EFFORT AS OF 1977, AND DEVELOP GUIDELINES TO STANDARDIZE JUVENILE DIVERSION STATEWIDE. THE RESEARCH EVOLVED INTO A MASSIVE EFFORT, WHICH IS STILL UNDERWAY AFTER CONSUMING ONE YEAR OF FULL-TIME EFFORT BY TWO PERSONS. AN ASSESSMENT OF THE STATE-OF-THE-ART THROUGH LITERATURE REVIEW, AN EXAMINATION OF OPERATIONAL JUVENILE DIVERSION PROGRAMS IN MICHIGAN, AND ON-SITE VISITS TO SEVEN EXEMPLARY DIVERSION PROJECTS THROUGHOUT THE NATION WAS CONDUCTED. THIS REPORT SUMMARIZES SOME OF THE FINDINGS AND CONCLUSIONS DERIVED FROM THIS RESEARCH. JUVENILE DIVERSION PROGRAMS HAVE GROWN IN A HAPHAZARD MANNER WITHIN MICHIGAN, AND WHILE STANDARDIZATION DOES NOT SEEM FEASIBLE AT THIS TIME, THERE IS A NEED FOR EACH POLICE DEPARTMENT TO STATE IN WRITING ITS PRINCIPLES AND GUIDELINES FOR THE EMPLOYMENT OF DIVERSION WITH JUVENILES. THE ELEMENTS OF THE RATIONALE FOR DIVERSION INCLUDE: THE PROVISION OF NEEDED SERVICES TO JUVENILES, IMMEDIACY OF RESPONSE THAT PRECLUDES WAITING FOR COURT ACTION, AVOIDANCE OF STIGMA OR LABELING ASSOCIATED WITH COURT PROCESSING, REDUCTION OF COSTS, THE INVOLVEMENT OF THE COMMUNITY IN HELPING JUVENILES, AND THE FORMALIZATION OF POLICE DISCRETION. WHENEVER A DIVERSION PROCEDURE IS EMPLOYED, THE PARTICIPATION OF THE JUVENILE MUST BE VOLUNTARY, BECAUSE OF THE WAIVER OF DUE PROCESS RIGHTS GUARANTEED IN THE FORMAL ADJUDICATION PROCESS. IT IS EXPECTED THAT THE THREAT OF PROSECUTION WILL BE DROPPED WITH THE WAIVER OF THESE RIGHTS. THIS IS TO ASSURE THAT THE DIVERSION PROCESS DOES NOT BECOME AN INVOLUNTARY ADJUDICATION PROCESS WITHOUT DUE PROCESS RIGHTS. GUIDELINES FOR DEVELOPING A POLICE DIVERSION PROGRAM ARE PRESENTED; THE ESSENTIAL INGREDIENT OF ANY SUCCESSFUL PROGRAM IS CONSIDERED TO BE KNOWLEDGEABLE AND DEDICATED PERSONNEL WORKING ON PROGRAM IMPLEMENTATION. (RCB)