NCJ Number
44775
Journal
Crime and Delinquency Volume: 24 Issue: 1 Dated: (JANUARY 1978) Pages: 59-71
Date Published
1978
Length
13 pages
Annotation
RATIONALE BEHIND SUPPORT FOR YOUTH DIVERSION PROGRAMS IS ASSESSED, AND ARGUMENTS AGAINST EXPANSION OF DIVERSIONARY SERVICES FOR JUVENILE OFFENDERS ARE PRESENTED.
Abstract
THE SUPPORT FOR DIVERSION OF YOUTH FROM THE JUVENILE JUSTICE SYSTEM REFLECTS SEVERAL WIDELY HELD NOTIONS: (1) THAT TRADITIONAL STRATEGIES FOR DEALING WITH JUVENILE OFFENDERS HAVE NOT WORKED; (2) THAT INFORMAL DIVERSION IS BEING USED WIDELY AND EFFECTIVELY; AND (3) THAT THE MOST HUMANE TREATMENT OF TROUBLED YOUTH IS BASED ON THE PARENS PATRIAE PHILOSOPHY OF JUSTICE, I.E., THE BELIEF THAT TREATMENT SHOULD BE THERAPEUTIC AND NONPUNITIVE AND THAT PROCEDURES SHOULD BE INFORMAL AND NONSTIGMATIZING. IT IS ARGUED, HOWEVER, THAT DIVERSION MAY BE POTENTIALLY DANGEROUS AND HARMFUL. THE AMBIGUITY OF THE DIVERSION CONCEPT IS SAID TO ALLOW MANY TO PROMOTE EXPANSION OF THE JUVENILE JUSTICE SYSTEM IN THE FORM OF DIVERSION 'TO' OTHER PROGRAMS, WHILE TRUE DIVERSION 'FROM' THE SYSTEM IS NONEXISTENT. THE GOALS OF DIVERSIONARY PROGRAMS, INCLUDING THE ELIMINATION OF STIGMATIZING LABELS AND FORMAL DUPLICATION OF EXISTING INFORMAL PROCESSES, ARE SAID TO BE UNATTAINABLE. FORMALIZED DIVERSION IS VIEWED AS INCOMPATIBLE WITH DUE PROCESS IDEALS. PROFESSIONALS ARE URGED TO STOP VIEWING DIVERSION IN OPTIMISTIC GENERALITIES AND ADDRESS THE SERIOUS QUESTIONS ABOUT THE CONCEPT'S PRACTICABILITY. (AUTHOR ABSTRACT MODIFIED).