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DIVERSION FROM THE JUSTICE SYSTEM

NCJ Number
12872
Journal
CRIME AND DELINQUENCY LITERATURE Volume: 6 Issue: 1 Dated: (MARCH 1974) Pages: 108-131
Author(s)
N KLAPMUTS
Date Published
1974
Length
24 pages
Annotation
DISCUSSION OF THE CONCEPT OF 'DIVERSION', THE PROCESS BY WHICH ACCUSED PERSONS ARE CHANNELED AWAY FROM TRADITIONAL PROSECUTION TOWARD REHABILITATION AND TREATMENT PROGRAMS.
Abstract
AN ATTEMPT IS MADE TO DEFINE DIVERSION AND THE LIMITS ON ITS APPLICATION. THE AUTHOR SEPARATES PRETRIAL DIVERSION INTO THREE DISTINCT CATEGORIES - COMMUNITY ABSORPTION, POLICE DIVERSION, AND COURT BASED DIVERSION. IN ORDER TO ANALYZE THESE THREE CONCEPTS, NUMEROUS EXAMPLES OF EACH ARE DISCUSSED. PRESENTED ARE YOUTH SERVICES SYSTEM, POLICE FAMILY CRISIS INTERVENTION PROGRAMS, POLICE ALCOHOLIC DIVERSION, AND COURT-LEVEL COUNSELING AND EMPLOYMENT PROGRAMS. THE ARTICLE CONCLUDES THAT THE DEFINITION OF PRE-TRIAL DIVERSION REMAINS NEBULOUS, PARTIALLY DUE TO THE WIDE RANGE OF PROGRAMS THAT ARE INCLUDED IN THE CONCEPT. AMONG UNANSWERED QUESTIONS ARE WHO SHOULD BE DIVERTED, WHAT ADMINISTRATIVE AND FISCAL ARRANGEMENTS SHOULD BE MADE, WHAT RIGHTS ARE RESERVED BY THE DIVERTED PERSON, AND WHETHER DIVERSION IS EFFECTIVE.