STATEMENT OF DORIS MEISSNER, DEPUTY ASSOCIATE ATTORNEY GENERAL, BEFORE THE SENATE SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY, CONCERNING S. 1819 - PRETRIAL DIVERSION ON SEPTEMBER 19, 1977

• NCJ Number: 43288
• Author(s): D MEISSNER
• Date Published: 1977
• Length: 7 pages
• Corporate Author: US Dept of Justice
• Publication Format: Document
• Publication Type: Legislative/Regulatory Material
• Language: English
• Country: United States of America

Annotation

THE DIRECTOR OF FEDERAL DIVERSION PROGRAMS ESTABLISHED IN U.S. ATTORNEY'S OFFICES DURING 1975-1976 PRESENTS TESTIMONY ABOUT THE APPLICABILITY AND IMPACT OF DIVERSION IN THE FEDERAL SYSTEM.

Abstract

GUIDELINES WHICH WERE ADOPTED FOR THE U.S. ATTORNEYS TO USE IN EXERCISING PROSECUTORIAL DISCRETION ARE ENUMERATED. FOR THE PURPOSE OF MONITORING THE PROGRAMS, FIVE DISRICTS IN WHICH DIVERSION WAS EMPHASIZED AS A PRIORITY ACTIVITY WERE IDENTIFIED: OREGON; NORTHERN DISTRICT, ILLINOIS; NORTHERN DISTRICT, TEXAS; EASTERN DISRICT, VIRGINIA; AND EASTERN DISTRICT, NEW YORK. BASED ON INFORMATON DEVELOPED IN THOSE FIVE TEST DISTRICTS, THE CHARACTERISTICS OF THE DIVERTED DEFENDANTS AND THE IMPACT OF DIVERSION ON THE CRIMINAL JUSTICE SYSTEM ARE DICUSSED AT LENGTH. STANDARD PROBATION SUPERVISION WAS UTILIZED IN 88 PERCENT OF THE CASES AS A DIVERSIONARY MEASURE. THE USE OF RESTITUTION AMONG DIVERSION DEFENDANTS INCREASED, BUT LITTLE EVIDENCE WAS FOUND THAT DIVERSION OFFERS THE POSSIBILITY FOR CREATIVE NEW FORMS OF TREATMENT AND REHABILITATION. THE RESULTS OF A TEST CONDUCTED IN THE EASTERN DISTRICT, NEW YORK, IN WHICH A GROUP OF DEFENDANTS ALL ELIGIBLE FOR DIVERSION WAS SPLIT INTO A CONTROL GROUP RETURNED TO PROSECUTION AND A DIVERTED GROUP, SHOW THAT THE AMOUNT OF TIME EXPENDED BY A PROSECUTOR ON A DIVERSION CASE IS ROUGHLY EQUIVALENT TO THAT INVOLVED IN OBTAINING A GUILTY PLEA. DIVERSION DOES SAVE TIME, HOWEVER, IN THE COURTROOM, WHERE ARRAIGNMENT, MOTIONS, HEARINGS, AND SENTENCING WOULD BE AVOIDED. THOSE PROSECUTED IN THE NEW YORK EXPERIMENT FACED A FAR LONGER PERIOD OF SUPERVISION -- 65 PERCENT OF THOSE PROSECUTED WERE SENTENCED TO 3 YEARS PROBATION -- THAN THE DIVERTEES, THE MAJORITY OF WHOM RECEIVED A 1-YEAR PERIOD OF SUPERVISION AND SERVICES. THE AUTHOR'S CONCLUSIONS INCLUDE: (1) DIVERSION PROVIDES A USEFUL ALTERNATIVE TO PROSECUTION IN CERTAIN CAUSES; (2) DIVERSION DOES NOT OFFER A DIRECT ALTERNATIVE TO INCARCERATION; (3) INDIVIDUALS WHO ARE DIVERTED SPEND LESS TIME OVERALL IN THE CRIMINAL JUSTICE SYSTEM THAN DO THOSE PROSECUTED.