DIVERSION PROGRAMMING IN CRIMINAL JUSTICE - THE CASE OF MINNESOTA

• NCJ Number: 26229
• Journal: Federal Probation Volume: 39 Issue: 1 Dated: (MARCH 1975) Pages: 11-19
• Author(s): J HUDSON; B GALAWAY; W HENSCHEL; J LINDGREN; J PENTON
• Date Published: 1975
• Length: 9 pages
• Corporate Author: Administrative Office of the United States Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

FOUR MINNESOTA DIVERSION PROGRAMS OPERATING AT THE LEVELS OF THE POLICE, THE PROSECUTOR, THE JUDGE, AND THE PAROLE BOARD ARE DESCRIBED AND ANALYZED IN RELATION TO ISSUES IN OPERATIONALIZING DISCRETION AND DIVERSION.

Abstract

EACH OF THE PROGRAMS IS VIEWED IN RELATION TO THE FOLLOWING QUESTIONS. WHAT IS THE NATURE OF THE DIVERSIONARY PROCESS? WHAT ARE INDIVIDUALS DIVERTED FROM? HOW IS DISCRETION OPERATIONALIZED? WHO HAS THE AUTHORITY TO MAKE DIVERSIONARY DECISIONS AND ON WHAT BASIS ARE THESE DECISIONS MADE? WHAT PROGRAM COMPONENTS ARE UTILIZED TO PROVIDE SERVICES TO THE DIVERTED OFFENDER AND TO INSURE PUBLIC PROTECTION? THE AUTHORS STATE THAT WHILE IT CANNOT BE DEMONSTRATED THAT DIVERSIONARY PROGRAMS ARE ALWAYS MORE EFFECTIVE IN ACHIEVING REHABILITATION, THEIR LOWER COST, MORE HUMANE TREATMENT AND RELATIVE EFFECTIVENESS MAY BE JUSTIFICATION ENOUGH FOR THEIR USE. HOWEVER, THEY CAUTION THAT WHEN OPENLY ESTABLISHED PROGRAM POLICIES AND PROCEDURES ARE LACKING, DIVERSIONARY PROGRAMS DESIGNED TO AID THE OFFENDER COULD TURN INTO MORE OPPRESIVE PROGRAMS THAN THE CONVENTIONAL CORRECTIONAL ALTERNATIVE. (AUTHOR ABSTRACT MODIFIED)