Diversion and the Criminal Justice System, Research Paper Example

Diversion in the criminal justice system are programs run by either police departments, court systems, district attorney’s offices, or outside agencies designed purposefully to enable alleged criminal offenders to avoid direct contact with court proceedings which often come with criminal record attached. Generally, diversions are thought of as a relief to the court system, police departments and probation offices, to better manage minor offences that would otherwise consume time and resources unnecessarily (McGrath, 2008). Diversions are always carried out with certain guidelines to be followed, and these include:

• counseling aimed at preventing future recidivism by the offender
• compensation to victims of the offense and
• Completion of community service hours

Diversion guidelines often frame these conditions as an alternative to court or police involvement that that carries with it the burden of criminal past. Successful adherence to these requirements often leads to the dropping or reduction of the charges leveled against a supposed offender. Failure to comply may heighten the penalties involved.

Special Circumstances that may warrant a Diversion Program are numerous, but the most notable ones includes juvenile cases, cases involving those with mental illnesses, and in cases drug addiction is involved. Those offenders who have impaired ability to make sensible decisions as a result of Intellectual disability, mental illness, brain and neurological disorders, cognitive impairment may be granted court diversion due their status of health (Steadman,et al, 1999). The objective of any diversion program should be to provide bail or a sentence option, which places an offender with support services that will help him or her deal with the cause(s) of their behavior.

Children involved in criminal activities may not be fully aware of the magnitude of their actions, and the possibility their actions were learned from certain quarters remains a reality. Taking a young mind into incarceration may be more damaging than helpful, and as such an out of court settlement may be more appropriate.

It would be a mistake and a show of lack of professionalism jailing a drug addict caught in the act of using dangerous stimulants without actually ascertaining the extent of the damage. As much as prison system is meant to instill corrective characters, such individuals need more than just being in imprisoned. A rehab may work more effectively to this group of people than being in confined walls of prisons.

What are the benefits of diversion?

Diversion utilizes extra judicial measures especially in handling minor offenses. Instead of attending court proceedings, offenders are usually given a reprieve of out of court settlement but with clear guidelines that they must remain accountable to (Dupont, 2002). These may include, but not limited to community services or lesser penalties for instance home curfews. Diversions of court cases offer many advantages over incarceration and these include:

Lowering Caseloads

The criminal justice systems often function with very limited resources and budgets. Under these circumstances, Prosecutors are obligated to go after serious offenses. It would beat logic for a professional judge to continue the Trial of a first time candy bar thief to create a backlog of cases that are more demanding lie murder cases. Indeed, this would not only be a waste of time but even the meager resources allocated to judicial system. Diversion thus allows volunteers on a board to handle minor incidences and to lighten the workload of official courts (Dupont, 2002).

Away out of Sentencing dilemma

Courts are sometimes faced limited choices in how to handle and punish minors. Incarceration, fines or probation are all options available to the prosecutors. Juvenile diversion boards are often created to get an out of court settlement with greater emphasis on accountability and reparation. A delinquent who vandalizes a home for example may be ordered by the board   to clean up the mess. An assault on the other hand may need approval of anger management classes. Because diversions are also inclined to mould positive and constructive character development, counseling done to the entire family may well be appropriate.

Deterrence

Diversion may ineffectively act as a deterrent measure against recidivism. Since court powers are usually limited with regard to incarceration of juveniles; these kids may feel more at home committing more serious crimes should he or she be exposed to hardcore criminals put behind bars. As a result, the juvenile may become a habitual offender.

Effects of diversion on law enforcement

Operational diversion programs can only yield tangible results if parties involved keep their ends of their bargain. In particular, the impact of a diversion program on felony referees or juvenile offenders will only work under keen supervision of the authorities (Steadman, et. al, 2001). Under the probation period, which is usually one, a remarkable change in behavior must be fully observed; otherwise the dismissal of criminal charges should be forfeited, withheld and possibly replaced with stiffer penalties instill a sense of responsibilities. Without this these measures put in place, law enforcement agencies may actually end up with a society full of criminals, and in away endanger peace and tranquility that they meant to preserve.

Cost effectiveness of diversion

Active involvement in community services by offenders in response to the harm inflicted upon the victims serves more as restitution for offenders’ actions. Moreover the likelihood of a Court or police Diversion participant to re-offend is far much unexpected due shame encountered while fulfilling the restrictions set by authorities. Equally observable, are the resources spent on reforming such offenders, which is way below what would have been spent should court proceedings materialize to the end. In fact, additional resources consumed in prison would raise the costs much higher. Clearly, Diversion is cost-effective.

Conclusion

Generally, criminal justice systems are created to prevent crime and generate peaceful, law-abiding societies, and this is best provided through restorative rather than retributive / punitive approaches. Diversion and many alternatives to being locked up behind prison walls  should thus  adopt rights-based approaches which capitalize on restorative justice approaches where applicable because  the few researches done to date confirms great reduction on recidivism trends as well as improved public safety. Evidence from a number of project reviews show that diversion programmes do reduce offending rates by up to 70%, but again this depends on the quality of programme used.

References

Dupont, R. (2002). Final report: Criminal justice diversion project. Rockville, MD:

Department of Health and Human Services, Substance Abuse and Mental Health Services Administration

McGrath, A. (2008). The effect of diversion from court: A review of the evidence. Psychiatry, Psychology, and Law, 15(2), 317-339

Steadman, H. J., Stainbrook, K. A., Griffin, P., Draine, J., Dupont, R., & Horey, C. (2001). A specialized crisis response location as a core element for police-based diversion programs. Psychiatric Services, 52, 219-222.

Steadman, H. J., Cocozza, J. J., & Veysey, B. M. (1999). Comparing outcomes for diverted and nondiverted jail detainees with mental illnesses. Law and Human Behavior, 23(6), 615-627.