NCJ Number
13306
Journal
Yale Law Journal Volume: 83 Issue: 4 Dated: (MARCH 1974) Pages: 827-854
Date Published
1974
Length
28 pages
Annotation
DISCUSSION OF PRETRIAL DIVERSION OF MARGINAL, USUALLY NON-DANGEROUS OFFENDERS FROM THE CRIMINAL SYSTEM INTO ORGANIZED COUNSELING, TRAINING, AND EMPLOYMENT PROGRAMS.
Abstract
THIS NOTE DEALS WITH PRETRIAL DIVERSION OF NONADDICT, ADULT ACCUSED OFFENDERS. IT DESCRIBES FOUR ASPECTS OF PRETRIAL DIVERSION - THE DIVERTED POPULATION, THE 'INTAKE' DECISION, SOCIAL INTERVENTION, AND THE TERMINATION DECISION - AND DISCUSSES ACCOMPANYING ISSUES OF LAW, POLICY, AND EVALUATION RESEARCH. TWO MAIN QUESTIONS ARE RAISED - (1) ARE CURRENT PRETRIAL DIVERSION PROGRAMS EFFECTIVE IN ACHIEVING THEIR STATED GOALS? (2) WHAT KINDS OF CONTROLS, BASED ON LEGAL AND POLICY CONSIDERATIONS, EXIST OR SHOULD BE BUILT INTO OPERATIONAL PROCEDURES TO SAFEGUARD BASIC RIGHTS OF PROGRAM PARTICIPANTS AGAINST POTENTIAL ABUSES OF DISCRETION BY CRIMINAL JUSTICE OFFICIALS AND PROGRAM STAFF IN THE COURSE OF PRETRIAL DIVERSION? AMONG SPECIFIC PROJECTS DISCUSSED ARE THE MANHATTAN COURT EMPLOYMENT PROJECT AND PROJECT CROSSROADS IN WASHINGTON, D.C. (AUTHOR ABSTRACT)