NCJ Number
13434
Date Published
1974
Length
68 pages
Annotation
ISOLATION, DEFINITION AND ANALYSIS OF THOSE LEGAL ISSUES THOUGHT TO HAVE RELEVANCE IN THE PLANNING AND EXECUTION OF PRETRIAL INTERVENTION PROGRAMS.
Abstract
PROGRAMS OF PRETRIAL INTERVENTION, (PTI), REPRESENT A UNIQUE APPROACH TO CRIMINAL JUSTICE REFORM WHEREBY REHABILITATION AND TREATMENT OPPORTUNITIES ARE MADE AVAILABLE TO SELECT DEFENDANTS IN LIEU OF CRIMINAL PROSECUTION. IN THIS CONTEXT, THE 'EARLY DIVERSION' CONCEPT WAS FIRST TRIED IN THE MID-1960'S AND HAS GROWN DRAMATICALLY THROUGH A SUCCESSION OF DEMONSTRATION PROGRAMS. THIS MONOGRAPH ATTEMPTS TO OFFER THE LAY PERSON A LEGAL PERSPECTIVE AS TO THE SCOPE, AUTHORIZATION, PROCEDURES, AND CONSTITUTIONAL ISSUES OF PRETRIAL INTERVENTION PROGRAMS. IT DEALS WITH LEGAL ISSUES THROUGH A SERIES OF 'CRITICAL QUESTIONS' THAT HAVE BEEN RAISED IN ONE FORM OR ANOTHER AND ARE MUCH ON THE MINDS OF THOSE CONCERNED WITH THE MOVEMENT. CONSTITUTIONAL QUERIES CONCERN RIGHTS INVOLVED IN ANY POSTPONEMENT OF TRIAL FOR DEFENDANTS WHO HAVE FORMALLY ENTERED THE PROSECUTION PROCESS, CONSTITUTIONAL REQUISITES IN ESTABLISHING CRITERIA FOR THE SELECTION AND TERMINATION OF INDIVIDUALS AFFORDED THE BENEFIT OF SPECIAL PROGRAMS SUCH AS PRETRIAL INTERVENTION, AND THE IMPORTANT ISSUE OF RIGHT TO COUNSEL. IN ADDITION, THE MONOGRAPH DEALS WITH BASIC AUTHORIZATIONS FOR DISPOSITION OF ACCUSED OFFENDERS WITHOUT TRIAL AND CONVICTIONS, THE RELATIONSHIP OF PTI PROGRAMS TO CURRENT CONCEPTS OF PRETRIAL RELEASE OF DEFENDANTS, AND A VARIETY OF COLLATERAL ISSUES OF PARTICULAR IMPORTANCE TO PROGRAM ADMINISTRATORS. THE MONOGRAPH SHOULD BE REGARDED AS A PRELIMINARY GUIDE AND TOOL FOR PROGRAM ADMINISTRATORS AND NON-LAWYERS. (SNI ABSTRACT)