Diversion From Prosecution (From Prediction of Criminal Violence, P 93-100, 1987, Fernand N Dutile and Cleon H Foust, eds. - See NCJ-104584)

• NCJ Number: 104588
• Author(s): J G Miller
• Date Published: 1987
• Length: 8 pages
• Sale Source: Charles C. Thomas
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Prosecutorial diversion decisions are related to potential risks for the prosecutor, the objectification of offenders, treatment options, and the offender's socioeconomic class.

Abstract

Any prosecutorial decision is influenced by the prosecutor's perception of the bureaucratic, professional, or political risk posed by exposing the community to a potentially violent offender. This produces a tendency to overpredict 'dangerousness.' Predictions are also related to the types of treatment options available; e.g., if intensive supervision is available, an offender will likely be diagnosed less 'dangerous' than when intensive supervision is not available. Prosecutorial diversion decisions are structured by objectifying offenders. This occurs when individual offenders are managed according to predictions based on statistical clusters. The socioeconomic and cultural status of the offender also influences prosecutorial diversion decisions. Middle-class and upper-class offenders predicted to be 'dangerous' are more likely to be diverted to mental hospitals (usually private hospitals within the offender's financial capability), and poor offenders predicted to be violent are likely to receive severe sentences. Prosecutorial diversion decisions should be standardized to limit discriminatory influences. 7 notes.