NCJ Number
32232
Date Published
1975
Length
104 pages
Annotation
THIS STUDY OF PROGRAMS TO SCREEN AND DIVERT SELECTED CASES FROM THE TRADITIONAL COURT SYSTEM PRESENTS LEGAL AND POLICY IMPLICATIONS AND PROBLEMS OF IMPLEMENTATION, FUNDING, AND EVALUATION.
Abstract
MORE THAN 138 SPECIFIC PROGRAMS WERE EXAMINED TO FIND BASIC PRINCIPLES UNDERLYING THE CURRENT DIVERSION TREND. RESULTS ARE TABULATED IN A MATRIX PRESENTING NINE STEPS IN THE JUDICIAL PROCESS AND POSSIBLE ALTERNATIVES INVOLVING BOTH LAY AND COURT PERSONNEL POSSIBLE AT EACH POINT. GENERALLY, ALTERNATIVES ARE DEVELOPED FOR MINOR OFFENDERS, STATUS OFFENDERS, FAMILY AND NEIGHBORHOOD DISPUTES, OR SPECIFIC OFFENSE RECIDIVISTS (E.G., SAFE-DRIVING SCHOOLS FOR TRAFFIC OFFENSE RECIDIVISTS). THE LEGAL PROBLEMS ASSOCIATED WITH EACH TYPE OF PROGRAM ARE EXAMINED; 21 RECOMMENDATIONS ARE MADE TO IMPROVE PLANNING, IMPLEMENTATION, AND EVALUATION OF ALTERNATIVE PROGRAMS. IN THE PAST TOO MUCH EMPHASIS HAS BEEN PLACED ON PRETRIAL INTERVENTION AS A PANACEA FOR THE OVERCROWDED CRIMINAL JUSTICE SYSTEM WHILE INADEQUATE ATTENTION HAS BEEN PAID TO THE POTENTIAL OF VARIOUS FORMS OF DECRIMINALIZATION, MORE EFFECTIVE CASE SCREENING, PRETRIAL RELEASE PROGRAMS, COMMUNITY COURTS, AND SPECIAL PROJECTS AS MEANS TOWARD IMPROVED HANDLING OF OFFENDERS. ALTHOUGH THE TREND HAS BEEN TOWARD LESS SEVERE ALTERNATIVES, IN SOME CASES MORE SEVERE HANDLING INVOLVING 'DAY-FINING' OR RESTITUTION TO THE VICTIM MAY BE NECESSARY TO MAKE THE TRUE COST OF CRIME MORE APPARENT TO THE PETTY RECIDIVIST. THESE ALTERNATIVES ARE EXAMINED. APPENDIXES PRESENT ALTERNATIVES FOUND IN FOREIGN LEGAL SYSTEMS, THE METHODS USED TO DEVELOP THE ALTERNATIVES MATRIX, AND A LIST OF PROGRAMS ILLUSTRATING THE MAJOR CLASSIFICATIONS OF THE MATRIX. (AUTHOR ABSTRACT)