IMPACT OF DIVERSION ON ADULT WOMEN - A BIAS, BUT IN WHICH DIRECTION? (FROM DISCRETION AND CONTROL, 1978, BY MARGARET EVANS - SEE NCJ-52542)

• NCJ Number: 52549
• Author(s): L J FRY; J MILLER
• Date Published: 1978
• Length: 17 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

A CALIFORNIA PRETRIAL DIVERSION PROGRAM WAS EXAMINED TO STUDY THE EVIDENCE RELATED TO THE PROPOSITION THAT FEMALES RECEIVE CHIVALROUS TREATMENT WHEN PROCESSED THROUGH THE CRIMINAL JUSTICE SYSTEM.

Abstract

THE SELECTION CRITERIA PROVIDED A MAJOR LINE OF INVESTIGATION. THEY DID NOT LIMIT CLIENTS TO FIRST OFFENDERS BUT DID REQUIRE THEM TO BE GOOD CITIZENS WITH MINIMAL RECORD DISCLOSING NO PATTERN OF CRIMINALITY AND NO RECENT SERIOUS CHARGES. DATA WERE COLLECTED FROM STATE AND LOCAL ADULT DIVERSION PROJECTS WHICH RECORDED SOCIAL, DEMOGRAPHIC, AND CRIMINAL HISTORY INFORMATION REGARDING RESPONDENTS AS WELL AS RECIDIVISM INDICATORS. STATISTICAL SUMMARIES OF FINDINGS REGARDING CLIENT CHARACTERISTICS ARE TABULATED. WOMEN ARE OVER REPRESENTED. THE FOLLOWING WERE CONCLUDED: (1) WOMEN ARE MORE LIKELY TO COMMIT CRIMES WHICH MEET THE RESTRICTIVE CRITERIA WHICH GENERALLY GUIDE PRETRIAL DIVERSION PROGRAMS; (2) WOMEN ARE MORE LIKELY THAN MEN TO HAVE CRIMINAL HISTORIES WHICH MEET DIVERSION CRITERIA; (3) WOMEN ARE MORE LIKELY THAN MEN TO CONTRIBUTE TO PROJECT EFFECTIVENESS GOALS; AND (4) THERE HAS BEEN A LACK OF IMAGINATION IN PROGRAM PLANNING FOR WOMEN, ESPECIALLY OLDER WOMEN. A CLOSER LOOK AT THE CLIENTS, HOWEVER, SUGGESTS THAT THE WOMEN WOULD HAVE BEEN BETTER OFF HAD THEY BEEN PROCESSED THROUGH THE REGULAR CRIMINAL JUSTICE SYSTEM. ABOUT 15 PERCENT WERE OVER AGE 50 AND HAD BEEN ARRESTED FOR THE SHOPLIFTING OF A SINGLE SMALL ITEM. THE INAPPROPRIATENESS OF THE DIVERSION PROJECT FOR THESE WOMEN IS ILLUSTRATED BY THE STORY OF AN OLDER WOMEN WHO WAS ARRESTED FOR SHOPLIFTING A BOTTLE OF ASPIRIN AND WHO WAS GOING TO STEAL ANOTHER BOTTLE UPON DISCHARGE BECAUSE SHE SO ENJOYED HAVING A PROBATION OFFICER TO SHOW CONCERN FOR HER. INTERVIEWS WITH SELECTED CRIMINAL JUSTICE PERSONNEL, ESPECIALLY JUDGES, REVEALED THAT THE TENDENCY TO PREFER WOMEN FOR DIVERSION RESULTED FROM THE CONSIDERATION OF THE LONG-TERM IMPLICATIONS OF INCARCERATING WOMEN, PARTICULARLY THOSE WITH CHILDREN. JUDGES PEFERRED TO USE JAIL AS A LAST RESORT. IT IS SUGGESTED THAT IF CORRECTION FACILITIES ARE PROVIDED FOR WOMEN, THEY WILL BE FILLED UP REGARDLESS OF THE APPROPRIATENESS FOR THE CLIENT. REFERENCES ARE APPENDED. (GLR)