DIVERSION - A NEW PERSPECTIVE IN CRIMINAL JUSTICE

• NCJ Number: 67203
• Journal: Canadian Journal of Criminology Volume: 22 Issue: 2 Dated: (APRIL 1980) Pages: 168-187
• Author(s): J K CANAGARAYAR
• Date Published: 1980
• Length: 8 pages
• Corporate Author: Canadian Assoc for the Prevention of Crime
• Publication Format: Article
• Language: English
• Country: Canada

Annotation

A MORE COMPREHENSIVE CONCEPT OF DIVERSION IS SUGGESTED TO REPLACE THE PRESENT (1980) LIMITED CONCEPT OF DIVERSION.

Abstract

CONTRARY TO THE MORE LIMITED CONCEPTS OF 'DIVERSION,' THE TERM IS HERE UNDERSTOOD TO INCLUDE ALL EFFORTS TO PREVENT (POTENTIAL) OFFENDERS AND VICTIMS FROM ENGAGING IN ACTIVITIES WHICH LEAD TO CRIME. THEREFORE, DIVERSION IS THEREFORE, SEEN TO OCCUR ON TWO LEVELS: (1) AT A PREOFFENSE STATE, AND (2) AT THE POSTOFFENSE STATE. DIVERSION AT THE PREOFFENSE STATE INCLUDES (1) A CHANGE OF THE POTENTIAL OFFENDER'S URBAN AND DOMESTIC ENVIRONMENT (E.G., TAKING A CHILD FROM A VIOLENT HOME); (2) DECRIMINALIZATION TO PROVIDE LEGAL OUTLETS FOR POTENTIALLY CRIMINAL BEHAVIOR (E.G., THE REMOVAL OF THE ALCOHOL RESTRICTIONS IN 1930 TO CURB THE INCREASE IN DRUG USE); (3) DECRIMINALIZATION AND THE PROVISION OF FACILITIES REQUIRED TO SOLVE THE SOCIAL PROBLEMS ASSOCIATED WITH CRIMINALITY; AND (4) LEGISLATING TO CHANGE BEHAVIOR BY IDENTIFYING AND SETTING THE LIMITS OF CRIMINALITY (E.G., LIMITING AN OFFENDER'S CRIMINAL RESPONSIBILITY IN INSTANCES WHERE THE SHOPKEEPERS HAS NOT TAKEN ADEQUATE PRECAUTIONS AGAINST SHOPLIFTING). POSTOFFENSE DIVERSION INCLUDES (1) SUCH INFORMAL MEANS AS BEHAVIOR MODIFICATION THROUGH SCHOOLS, PARENTAL AUTHORITY, OR YOUTH SERVICES, AND THE VICTIM'S REACHING AN INFORMAL AGREEMENT WITH THE OFFENDER, (2) AS WELL AS THE OFFICIALS MEANS OF POLICE, PROSECUTORIAL, AND JUDICIAL DISCRETION. DIVERSION AT THE PREOFFENSE LEVEL SEEKS TO IDENTIFY INSTITUTIONAL VALUES THAT ARE REDUNDANT OR NO LONGER WORTHY OF PROTECTION AND IS THUS CLOSELY RELATED TO DECRIMINALIZATION. DIVERSION AT THE POSTOFFENSE STATE INCLUDES THE ADOPTION OF MODES THAT IMPRESS UPON OFFENDER AND VICTIM THEIR NEW CONCEPTS OF RESPONSIBILITY. THUS, DIVERSION MAY BE IDENTIFIED AS BEING BOTH COMPLIMENTARY AND, AT THE SAME TIME, AN ALTERNATIVE APPROACH TO THE EXISTING CRIMINAL JUSTICE SYSTEM, IN AN EFFORT TO CONTAIN CRIMINALITY. REFERENCES ARE PROVIDED. (SAJ)