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DIVERSION - LAW REFORM COMMISSION OF CANADA - WORKING PAPER NO. 7

NCJ Number
19918
Date Published
1975
Length
32 pages
Annotation
THIS DOCUMENT EXAMINES THE VARIOUS FORMS AND APPLICATIONS OF PRE-TRIAL DIVERSION AND EXPLORES THE PLACE OF DIVERSION IN THE ADMINISTRATION OF CRIMINAL JUSTICE.
Abstract
THE MANY FUNCTIONS WHICH MAY COME UNDER THE GENERAL HEADING OF DIVERSION ARE FIRST DISCUSSED. THESE INCLUDE COMMUNITY ABSORPTION, SCREENING, PRETRIAL DIVERSION, AND ALTERNATIVES TO IMPRISONMENT. THE VARIOUS STAGES OF DIVERSION ARE THEN EXAMINED TO CLARIFY WHERE AND WHEN CERTAIN DIVERSION PROCEDURES MAY APPLY. FINALLY, ISSUES IN PRETRIAL SETTLEMENT ARE CONSIDERED, INCLUDING REQUIREMENTS TO ADMIT CRIMINAL RESPONSIBILITY, THE POSSIBILITY OF DOUBLE JEOPARDY, THE RIGHT TO A SPEEDY TRIAL, ASSURANCE OF EQUAL CONSIDERATION IN DIVERSION, AND FINANCIAL BENEFITS OF DIVERSION PROGRAMS. (AUTHOR ABSTRACT MODIFIED) --IN ENGLISH AND FRENCH