DIVERSION - THE SEARCH FOR ALTERNATE FORMS OF PROSECUTION

• NCJ Number: 15043
• Author(s): R T NIMMER
• Date Published: 1974
• Length: 133 pages
• Grant Number(s): NI-71-043
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: American Bar Foundation
• Sale Source: American Bar Foundation
• Language: English
• Country: United States of America

Annotation

SURVEY OF TRADITIONAL AND NEW PRACTICES OF DIVERSION AS IT IS USED AS A DISPOSITION OF A CRIMINAL COMPLAINT WITHOUT A CONVICTION, THE NONCRIMINAL DISPOSITION BEING CONDITIONED ON PERFORMANCE OF SPECIFIED OBLIGATIONS.

Abstract

DIVERSION, AS THE TERM IS USED IN THIS STUDY, IS THE DISPOSITION OF A CRIMINAL COMPLAINT WITHOUT A CONVICTION, THE NONCRIMINAL DISPOSITION BEING CONDITIONED ON EITHER THE PERFORMANCE OF SPECIFIED OBLIGATIONS BY THE DEFENDANT, OR HIS PARTICIPATION IN COUNSELING OR TREATMENT. THIS STUDY INVOLVED OVER TWO YEARS OF RESEARCH DURING WHICH SPECIFIC PROGRAMS WERE VISITED FOR VARIOUS LENGTHS OF TIME. IN COMMENTING ON TRADITIONAL DIVERSION PRACTICES, THE AUTHOR DISCUSSES THE DISPOSITION PROCESSES AND AREAS OF OCCURRENCE (TYPES OF CASES AND OFFENDERS). HIGHLIGHTS ARE ALSO GIVEN OF THE SUPERVISION PRACTICES, USING THE TYPES OF SUPERVISION ADMINISTERED BY THE COOK COUNTY BOYS COURT AS AN EXAMPLE. DISCUSSION THEN CENTERS ON SETTLEMENT OF THE GRIEVANCES THAT PRODUCED THE CRIMINAL COMPLAINT AND REFERRAL AND COMMITMENT (EMERGENCY DETENTION AND COURT-ORDERED COMMITMENT TO MENTAL ILLNESS PROGRAMS) AS PRACTICES OF TRADITIONAL DIVERSION. THE REMAINDER OF THE DOCUMENT DEALS WITH NEW DIVERSION PROGRAMS AND COVERS COURT EMPLOYMENT PROGRAMS, PRECONVICTION PROBATION, SETTLEMENT OF DISPUTES THROUGH THE HELP OF CRISIS UNITS AND ARBITRATION CENTERS, AND TREATMENT APPROACHES. FINAL COMMENTS DEAL WITH OFFICIALS' DISCRETION, THE USE OF STATUTES TO CREATE DIVERSION, THE INTERESTS OF THE DEFENDANT, THE INTERESTS OF THE VICTIMS, AND PROGRAM STAFF.