NCJ Number
198862
Journal
Federal Probation Volume: 66 Issue: 3 Dated: December 2002 Pages: 30-37
Editor(s)
Timothy P. Cadigan
Date Published
December 2002
Length
8 pages
Annotation
By means of a summary of administrative records and statistics, the state of pretrial diversion in the Federal court system is examined.
Abstract
This article begins with a definition of pretrial diversion as being a voluntary program that provides an alternative to prosecution by means of placement of an offender in a program of supervision administered by a probation office or pretrial services office. A brief history of pretrial diversion in the Federal system is provided, along with a description of diversion procedures utilized by the U.S. Department of Justice. The methodology used in creating the pretrial services database is described. Descriptive findings are provided, such as the types of offenses for which diversion is used, and demographic characteristics including age, education, employment, and prior record. Administrative characteristics such as duration of diversion, community services and restitution, outcomes, and pretrial diversion practices across Federal judicial districts are reviewed. Other areas of focus are the link between major offense, criminal history, and pretrial diversion, and examination of successes and failures in pretrial diversion. Figures and tables provide information on major offenses charged in diversion supervision and regular pretrial services cases, race-ethnicity of defendants, age at entry into pretrial diversion supervision; and individuals received for pretrial diversion supervision by year. In conclusion, it is noted that overall pretrial diversion as it is practiced in the Federal court system generally works well, and data suggest the types of offenders for which it is most effective. The author recommends expanding and increasing opportunities for pretrial diversion to provide rehabilitation, impact recidivism, and preserve court resources. Endnotes