PRECOURT DIVERSIONARY PROGRAM IN MASSACHUSETTS 'DIVERSION' AND ITS RELATIONSHIP TO PROBATION

• NCJ Number: 54760
• Journal: International Journal of Offender Therapy and Comparative Criminology Volume: 20 Issue: 1
• Author(s): P K BENOIT
• Date Published: 1976
• Length: 5 pages
• Corporate Author: Assoc for Psychiatric Treatment of Offenders
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE THEORETICAL FOUNDATIONS OF DIVERSION ARE DISCUSSED, AND ISSUES TO BE ADDRESSED IN THE DEVELOPMENT OF DIVERSIONARY PROGRAMS ARE CONSIDERED.

Abstract

THE VIEWS OF LABELING THEORISTS, TOGETHER WITH STUDIES QUESTIONING THE EFFECTIVENESS OF INCARCERATION, HAVE PROVIDED THE MOMENTUM FOR A MOVEMENT AWAY FROM A CORRECTIONAL MODEL STRESSING REHABILITATION TOWARD A MODEL STRESSING REINTEGRATION--MEETING OFFENDERS MOST BASIC NEEDS IN ORDER TO INCREASE THEIR ABILITY TO FUNCTION UNSUPERVISED IN THE COMMUNITY. A NUMBER OF PRETRIAL DIVERSION PROGRAMS HAVE BEEN ESTABLISHED IN MASSACHUSETTS AND ELSEWHERE TO HELP PROBATION FULFILL ITS ROLE AS THE PRIMARY COMMUNITY--BASED CORRECTIONAL AGENT AND VEHICLE FOR REINTEGRATION. DIVERSIONARY PROGRAMS TYPICALLY REMOVE FIRST OFFENDERS AND/OR CERTAIN MINOR OFFENDERS FROM COURT SUPERVISION, PERMITTING PROBATION OFFICERS TO FOCUS ON SERIOUS OFFENDERS. THERE HAS BEEN A TENDENCY TO EMBRACE DIVERSION AS THE SAVIOR OF COMMUNITY-BASED CORRECTIONS, BUT LITTLE EVALUATION OF DIVERSIONARY PROGRAMS HAS TAKEN PLACE. SEVERAL DIVERSION-RELATED ISSUES NEED TO BE EXPLORED. WHEN THE COURT CONTRACTS WITH A PRIVATE AGENCY TO CONDUCT DIVERSION, IT ESTABLISHES A QUASI-CRIMINAL JUSTICE AGENCY, AT LEAST IN THE MIND OF THE CLIENT. UNDER SUCH CIRCUMSTANCES, CARE MUST BE TAKEN TO INSURE THE PROTECTION OF THE DIVERTED PERSON'S RIGHTS. IT IS ALSO POSSIBLE THAT DIVERSIONARY PROGRAMS MAY ACTUALLY INCREASE THE COURT'S INTAKE IF POLICE BEGIN TO REDUCE THE NUMBER OF CASES THEY HANDLE INFORMALLY IN FAVOR OF PASSING THE DIVERSION DECISION ON TO THE COURT. ANOTHER POSSIBILITY IS THAT DIVERSION PROGRAMS MAY REDUCE RATHER THAN ENHANCE THE SELF-IMAGE OF CLIENTS, WHO COULD INTERPRET THE INTENSIVE SERVICES THEY RECEIVE AS AN OFFICIAL INDICATION THAT THEY ARE WORSE THAN THEY HAD REALIZED. SUCH A POSSIBILITY IMPLIES THAT DIVERSION MAY NOT BE APPROPRIATE FOR FIRST OFFENDERS. A LIST OF REFERENCES IS INCLUDED. (LKM)