LIMITS OF DIVERSION (FROM PAPERS ON CRIME CONTROL, 19771978, BY INKERI ANTTILA - SEE NCJ-58108)

• NCJ Number: 58117
• Author(s): I ANTTILA
• Date Published: 1978
• Length: 11 pages
• Corporate Author: Research Institute of Legal Policy
• Sale Source: National Institute of Justice/
• Language: English
• Country: Finland
• Note: PAPER PRESENTED AT THE EIGHTH INTERNATIONAL CONGRESS ON CRIMINOLOGY, LISBON, PORTUGAL, SEPTEMBER 4-9, 1978

Annotation

A FINNISH CRIMINOLOGIST OFFERS A CRITICAL ASSESSMENT OF DIVERSION IN ITS VARIOUS FORMS AND SUGGESTS ALTERNATIVE MEANS OF ADDRESSING THE PROBLEMS FOR WHICH DIVERSION IS INTENDED AS A SOLUTION.

Abstract

DIVERSION CAN APPLY TO MANY DIFFERENT STAGES OF THE CRIMINAL JUSTICE PROCESS, TO EITHER PASSIVE OR ACTIVE INTERVENTION, AND TO A VARIETY OF DIFFERENT OFFENSES, OFFENDERS, AND PURPOSES. SIMPLE DIVERSION IS A MATTER OF RESTRAINT--NOT MAKING AN ARREST, NOT BRINGING CHARGES, NOT PASSING SENTENCE. DIVERSION WITH INTERVENTION INVOLVES THE TRANSFER OF A CASE TO ANOTHER AUTHORITY, SUCH AS A SOCIAL WELFARE OR MEDICAL AGENCY, FOR TREATMENT. THE TWO TYPES OF DIVERSION SHOULD BE CONSIDERED SEPARATELY. PROBLEMS WITH SIMPLE DIVERSION GENERALLY HAVE TO DO WITH THE WISDOM OF TRANSFERRING THE POWER OF THE COURTS TO OTHER COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM, WITH MECHANISMS OF ACCOUNTABILITY FOR DISCRETIONARY DECISIONMAKERS, AND WITH THE POSSIBILITY THAT DIVERSION WILL 'WATER DOWN' THE CRIMINAL JUSTICE SYSTEM AND DIMINISH ITS GENERAL DETERRENT IMPACT. DIVERSION WITH INTERVENTION, APPARENTLY THE MORE ATTRACTIVE FORM OF DIVERSION, IS ALSO THE MORE PROBLEMATIC, BECAUSE THE TRADITIONAL POWERS OF THE COURT ARE TRANSFERRED OUTSIDE THE CRIMINAL JUSTICE SYSTEM. CRITICISM OF DIVERSION WITH INTERVENTION IS BASICALLY CRITICISM OF THE TREATMENT IDEOLOGY AND SYSTEM OF INDIVIDUALIZED SANCTIONS ASSOCIATED WITH SUCH DIVERSION. UNBRIDLED ENTHUSIASM FOR THE DIVERSION CONCEPT SHOULD NOT BE ALLOWED TO OVERSHADOW THE POTENTIAL DANGERS OF DIVERSION AS A MEANS OF COERCING OFFENDERS. SOME OF THE GOALS OF DIVERSION COULD BE MET BY ALTERNATIVE ACTIONS: RADICALLY SIMPLIFYING COURT PROCEDURES; SUBSTITUTING POLICE SUPERVISION (REQUIRING DEFENDANTS TO CHECK IN WITH POLICE PERIODICALLY) FOR PRETRIAL DETENTION; INCREASING THE USE OF PROBATION, CONDITIONAL SENTENCES, AND OTHER ALTERNATIVES TO INSTITUTIONALIZATION; MAKING THE SERVING OF PRISON SENTENCES MORE SENSIBLE (E.G., BY ALLOWING INMATES TO CHOOSE AMONG STUDIES, WORK AND PSYCHIATRIC THERAPY); EXPERIMENTING WITH VICTIM RESTITUTION; AND DECRIMINALIZING SOME OFFENSES (DIVERSION AT THE LEGISLATIVE LEVEL). (LKM)