NCJ Number
94314
Date Published
1981
Length
14 pages
Annotation
This paper considers the definition and purposes of pretrial diversion, diversion procedures and their use in incest cases, reasons for not using pretrial diversion in incest cases, juvenile and criminal court coordination in incest cases, and other innovative approaches in the handling of incest cases.
Abstract
In pretrial programs, offenders who meet certain eligibility criteria are diverted from the traditional criminal justice process either before or after charges are filed, but prior to conviction. The suspension of criminal proceedings is conditioned on the defendant's performance of specified obligations. Pretrial diversion program specifically designed for incest offenders have emerged in a number of jurisdictions throughout the country. It is well-recognized that treatment should be a fundamental part of dispositions in incest cases, and pretrial diversion programs are suited to providing treatment, since participation in treatment is a condition for avoiding prosecution. Based on a survey, at least 12 States have statutes which authorize pretrial diversion for incest offenders. Treatment for pretrial diversion of incest offenders is usually required for 1-2 years. Statistics on the success of incest diversionary programs are largely unavailable, because most of them were established within the last few years. One report notes, however, that the average experience of pretrial diversion programs nationally is a 70 percent rate of dismissal and a 7 percent recidivism rate. Jurisdicitons in the survey that reported not using pretrial diversion for incest offenders gave as a primary reason the seriousness of the offense. Several jurisdictions reporting in the survey have developed special procedures for coordinating juvenile and criminal court actions in incest cases in an effort to protect the child victim, prevent family disruption, and rehabilitate the offender. Sixty-eight footnotes are listed.