NCJ Number
11064
Date Published
1972
Length
291 pages
Annotation
REVIEW OF THREE PROSECUTOR-SPONSORED PRETRIAL DIVERSION PROGRAMS CURRENTLY IN OPERATION IN HAWAII, MICHIGAN, AND MINNESOTA.
Abstract
MORE AND MORE PROSECUTORS ARE SEEKING A THIRD ALTERNATIVE TO THE 'CHARGE OR DISMISS' DECISIONS THEY NOW HAVE THE DISCRETION TO MAKE. ALL THREE PROGRAMS FOCUS ON THE PERIOD PRIOR TO ADJUDICATION AND SERVE TO DIVERT SELECTED OFFENDERS FROM THE FULL WEIGHT OF THE CRIMINAL JUSTICE PROCESS. IN GENESEE COUNTY, THE PROGRAM OF THE CITIZENS PROBATION AUTHORITY IS A GOVERNMENT - FUNDED ALTERNATIVE TO ADJUDICATION. AN INVESTIGATION IS MADE OF ALL OFFENDERS MEETING BROAD SELECTION CRITERIA AND THE RESULTS ARE REPORTED TO THE PROSECUTOR WHO MAKES THE DECISION TO CHARGE OR ENROLL THE OFFENDER IN THE PROGRAM. THE MINNEAPOLIS PROGRAM ALSO EXAMINES ALL DEFENDANTS MEETING ITS SELECTION CRITERIA. THESE RESULTS ARE GIVEN TO THE PROSECUTOR WHO, WITH THE CONCURRENCE OF THE APPROPRIATE JUDGE, MAY POSTPONE THE ENTIRE CASE FOR SIX MONTHS TO ONE YEAR. THE PROFESSIONAL AND PARAPROFESSIONAL MEMBERS OF THE STAFF PROVIDE COUNSELING AND REFERRAL SERVICES. HAWAII, BY CONTRAST, HAS A PRETRIAL SCREENING PROGRAM WHICH INVOLVES UNSUPERVISED RELEASE ON THE CONDITION THAT THERE BE NO FURTHER INVOLVEMENT WITH THE LAW FOR A SPECIFIED PERIOD. IN THIS JURISDICTION, THE AVAILABILITY OF THIS ALTERNATIVE IS USED AS PART OF THE PLEA BARGAINING PROCESS. ALSO DISCUSSED ARE THE WAYS IN WHICH EACH JURISDICTION HANDLES THE POTENTIAL CONSTITUTIONAL PROBLEMS OF THE WAIVER OF THE RIGHT TO A SPEEDY TRIAL AND THE PRIVILEGE AGAINST SELFINCRIMINATION. (SNI ABSTRACT)