NCJ Number
97383
Journal
Journal of Crime and Justice Volume: 7 Dated: (1984) Pages: 17-26
Date Published
1984
Length
10 pages
Annotation
The use of diversion and other alternatives to prevent alleged offenders from entering the trial process has attractive rationales and goals, but it also has some liabilities.
Abstract
Walter Miller's discussion of current ideological issues in criminal justice lists the rationales for early intervention. These are reductions in (1) overcriminalization, which is the inappropriate inclusion of certain behaviors in definitions of criminality; (2) stigmatization, which is also known as labeling theory; (3) overinstitutionalization, which produces prison overcrowding; and (4) overcentralization of criminal justice decisionmaking. These underlying rationales have been translated into many goals about which some consensus has emerged. Social goals include increasing citizen participation, minimizing discrimination, interrupting the 'revolving-door' phenomenon, and decriminalizing many behaviors. They also include halting labeling and stigmatization and relieving the overuse of institutionalization. Financial goals include reducing direct costs, reducing societal burdens, and increasing criminal justice system efficiency. The liabilities of early intervention are the possibility that innocent persons will receive this intervention, that offenders will inadvertently waive their right against self-incrimination, and that diversion penalties will be greater than sentences for offenses similar to those alleged as occasions for diversion. Diversion may also be subject to abuse and may not reduce the cost of individual case processing. Professionals involved in intervention programs must produce a typology of intervention programs to permit realistic comparisons. Eight references are listed.