International Review of Pre-Trial Diversion for Adult Offenders (From Pre-Trial Diversion for Adult Offenders, P 21-33, 1985, Ron Snashall, ed. - See NCJ-103703)

• NCJ Number: 103704
• Author(s): R Snashall
• Date Published: 1985
• Length: 13 pages
• Publication Format: Document
• Publication Type: Program/Project Description
• Language: English
• Country: Australia

Annotation

This paper summarizes the rationale for and the use of pretrial diversion in 21 countries.

Abstract

In this paper, diversion refers to any nonpenal programmatic deviation from customary criminal processing which terminates the case prior to any court adjudication. The 21 countries reviewed all use treatment (attempt to modify problem behavior before or after offenses are committed), settlement (including negotiation with victims or police for restitution or dropping of charges), and alternative punishment to avoid imprisoning an offender. Pretrial diversion is possible only when the public prosecutor has the authority to abstain from prosecution even though evidence is sufficient to prove guilt. Such prosecutorial discretion generally characterizes common law systems, and in some countries, such as Poland, the German Democratic Republic, and Rumania, the public prosecutor may forego prosecution if an offense has minor social consequences. Types of diversion programs and offenses with which they are typically used are outlined for India, Italy, the Federal Republic of Germany, the German Democratic Republic, Israel, the United States, Sweden, Yugoslavia, Finland, Singapore, Japan, the Union of Soviet Socialist Republics, Thailand, Poland, Scotland, England, Holland, Canada, Hungary, Rumania, and Czechoslovakia. 23 references.