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PRE-TRIAL DIVERSION - BILK OR BARGAIN

NCJ Number
12200
Journal
NLADA Briefcase Volume: 31 Issue: 6 Dated: (NOVEMBER-DECEMBER 1973) Pages: 490-493,499-501
Author(s)
N E GOLDBERG
Date Published
1973
Length
7 pages
Annotation
ANALYSIS OF THE DIVERSION CONCEPT, EMPHASISING THE POSSIBILITY THAT THE PROGRAMS MAY INVADE CERTAIN OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS.
Abstract
CERTAIN PROCEDURAL ASPECTS OF DIVERSIONARY PROGRAMS SUCH AS DISCRETION IN THE DECISION TO DIVERT, PROSECUTORIAL DOMINANCE, AND THE PROGRAM'S VISIBILITY AND RELATIONSHIP TO THE CRIMINAL JUSTICE SYSTEM AS A WHOLE ARE CONSIDERED. THE AUTHOR PRESENTS DISCUSSIONS OF PROJECT CROSSROADS IN WASHINGTON, D.C. AND THE INTAKE SERVICE CENTER, A CORRECTIONAL MASTER PLAN DEVELOPED BY THE NATIONAL CLEARINGHOUSE FOR CRIMINAL JUSTICE PLANNING AND ARCHITECTURE. DIVERSIONARY PROGRAMS, SHE CONTENDS, MIGHT ENDANGER THE RIGHTS TO BAIL, PRIVACY, COUNSEL, AND A SPEEDY TRIAL. TO SAFEGUARD THESE RIGHTS, PARTICIPATION BY DEFENSE COUNSEL IS ESSENTIAL.