NCJ Number
81935
Date Published
Unknown
Length
0 pages
Annotation
Representatives of three pretrial diversion programs (Project Crossroads in Washington, D.C.; Project DeNovo in Minneapolis; and the Florida statewide pretrial intervention system) discuss their operations and their methods of dealing with difficult legal issues, such as the right to counsel and restitution.
Abstract
Gaining the confidence of criminal justice personnel and the community was a crucial element in Project DeNovo's success. Cooperation must be established, especially with the public defender's office. The project started with low-risk clients (misdemeanants) and expanded to include first-time felons and minority defendants accused of economic crimes. The program now can consider for diversion any category of offender from truant to murderer. Project Crossroads found that the optimal time and approach to use in presenting a defendant with the choice of diversion had to be considered. The defendant is not notified after arraignment of the opportunity to be considered for diversion, and the defense attorney participates in the screening process. Diversion clients in Florida should receive an attorney's advice because they must waive basic legal rights under State law. Restitution in a pretrial program can be troublesome if the defendant has no money. A discussion session addresses the need for pretrial programs to remain unlike probation and to offer services that ameloriate the underlying causes of crime. The danger of 'overtreatment,' coerced confessions, restitution without proof of guilt, and program evaluation problems are also considered.