PRETRIAL DIVERSION - A RESPONSE TO THE CRITICS

• NCJ Number: 53969
• Journal: Crime and Delinquency Volume: 25 Issue: 1 Dated: (JANUARY 1979) Pages: 65-75
• Author(s): D L GOTTHEIL
• Date Published: 1979
• Length: 11 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A VOLUNTARY PRETRIAL DIVERSION PROGRAM IS DESCRIBED AS AN ANSWER TO CRITICS WHO OPPOSE AN EXPANSION OF SOCIAL CONTROL THROUGH DIVERSION PROGRAMS, AND THE USE OF EXPERIMENTAL EVALUATION FOR SUCH PROGRAMS IS DISCUSSED.

Abstract

THE GROUP OPPOSING DIVERSION'S INTERVENTION IN THE LIVES OF ALLEGED OFFENDERS CHARGES THAT SUCH PROGRAMS EXERCISE CONTROL OVER SUSPECTED OFFENDERS WITHOUT BENEFIT OF DUE PROCESS, THUS EXPANDING RATHER THAN REDUCING CONTACTS WITH THE CRIMINAL JUSTICE SYSTEM, PARTICULARLY AMONG JUVENILES. A DIVERSION PROGRAM IN CHAMPAIGN COUNTY, ILL., IS DESCRIBED TO REFUTE THE ARGUMENT THAT DIVERSION PROGRAMS ARE NECESSARILY COERCIVE AND CONTROLLING. THE CHAMPAIGN PROGRAM FOR ADULTS PROVIDES FOR THE DIVERSION OF A COMPARATIVELY HIGH RISK GROUP IN TERMS OF SOCIODEMOGRAPHIC BACKGROUND, OFFENSE TYPE, AND PRIOR RECORD. THE SERVICES OFFERED IN THE PROGRAM MUST BE ACCEPTED VOLUNTARILY, AND THE SPECIFIC SERVICES IN WHICH EACH CLIENT PARTICIPATES ARE SELECTED BY THE CLIENTS IN CONSULTATION WITH PROGRAM COUNSELORS. CLIENTS ARE FREE TO LEAVE THE PROGRAM AT ANY TIME; HOWEVER, IN THE EVENT OF ANOTHER ARREST OF THE SAME CLIENT, DIVERSION WILL NOT BE AN OPTION THE SECOND TIME. IN RESPONSE TO THE CHARGES OF A PARTICULAR CRITIC OF THE CHAMPAIGN PROJECT ON THE ABSENCE OF AN EXPERIMENTAL EVALUATION STRUCTURE TO MEASURE OUTCOMES OF THE DIVERSION PROGRAM, IT IS ARGUED THAT THE USE OF EXPERIMENTAL AND CONTROL GROUPS TO MEASURE DIVERSION PROGRAM EFFECTS WOULD NOT BE ETHICAL, BECAUSE MEMBERS OF THE CONTROL GROUP WOULD BE SUBJECTED TO THE ADVERSE EFFECTS OF TRADITIONAL CRIMINAL JUSTICE PROCESSING. ALSO, THE VOLUNTARY CHARACTER OF THE DIVERSION PROGRAM WOULD PROHIBIT THE USE OF THE CONTROL NECESSARY TO MAINTAIN AN UNCHANGED EXPERIMENTAL SAMPLE OVER A PERIOD OF TIME. IT IS SUGGESTED THAT A REDUCTION IN COURT CASELOAD MAY BE SUFFICIENT AS A MEASURE OF PROGRAM SUCCESS; HOWEVER, IT IS URGED THAT WORKABLE EVALUATION TECHNIQUES BE DEVISED FOR DIVERSION PROGRAMS, WHEN AN EXPERIMENTAL DESIGN IS NOT APPROPRIATE.