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DIVERSION FROM THE CRIMINAL PROCESS - THE 'MENTAL-HEALTH'

NCJ Number
15198
Journal
Connecticut Law Review Volume: 6 Issue: 3 Dated: (SPRING 1974) Pages: 432528
Author(s)
E DEGRAZIA
Date Published
1974
Length
97 pages
Annotation
REPORT OF A 24 MONTH WASHINGTON, D.C. PROJECT DESIGNED TO DIVERT DEFENDANTS TO MENTAL HEALTH TREATMENT AND OTHER SOCIAL SERVICE PROGRAMS WITHIN THE COMMUNITY.
Abstract
IN 1968, THE CENTER FOR STUDIES IN CRIME AND DELINQUENCY OF THE NATIONAL INSTITUTE OF MENTAL HEALTH (MIMH) FUNDED A 24 MONTH PILOT RESEARCH PROJECT IN WASHINGTON, D.C. WHICH WAS DESIGNED TO TEST THE FEASIBILITY OF PRE-TRIAL 'DIVERSION' OF ACCUSED CRIMINALS TO COMMUNITY MENTAL HEALTH TREATMENT PROGRAMS. PART I OF THIS ARTICLE DEPICTS THE ORIGIN OF THE DIVERSION CONCEPT AND ITS RELATIONSHIP TO PROSECUTORIAL DISCRETION AND COMMUNITY CORRECTIONS, WITH PARTICULAR ATTENTION TO THE DISTRICT OF COLUMBIA WHERE THE CONCEPT FIRST WAS TESTED. THE ACCOUNT IN PART II IS THE FIRST PUBLISHED REPORT OF THE PROJECT'S GOALS, METHODS, PROBLEMS, AND RESULTS. ALL NECESSARY ELEMENTS OF THE EXISTING CRIMINAL JUSTICE SYSTEM COLLABORATED WITH THE PROJECT'S POLICIES AND PROCEDURES - INCLUDING ACCUSED OFFENDERS, THEIR LAWYERS, PROSECUTORS, JUDGES, AND PSYCHIATRISTS AND OTHER WORKERS IN PRIVATE AND PUBLIC MENTAL HEALTH TREATMENT AGENCIES. IT WAS SHOWN THAT IT WAS POSSIBLE TO IDENTIFY CATEGORIES OF DIVERTIBLE ACCUSED OFFENDERS, TO OBTAIN REFERRALS OF PERSONS WITHIN THESE CATEGORIES, AND CONSENTS FROM PROSECUTING AND DEFENSE ATTORNEYS, AND TO EVALUATE AND PLACE THESE PERSONS WITH MODERATE TO HIGH RATES OF SUCCESS IN MENTAL HEALTH TREATMENT AND OTHER SOCIAL SERVICE PROGRAMS WITHIN THE COMMUNITY. THIS WAS ACCOMPLISHED ON A VOLUNTARY BASIS, WITHOUT PREJUDICING THEIR RIGHTS, AND WITH DISCOURAGEMENT OF FURTHER CRIMINALITY FROM THEM AT LEAST AS GREAT AS COULD BE EXPECTED WERE THEY TO BE PROSECUTED NORMALLY. (SNI ABSTRACT)