NCJ Number
44819
Journal
Criminal Justice Quarterly Volume: 5 Issue: 3 Dated: (SUMMER 1977) Pages: 52-56
Editor(s)
R J DELTUFO
Date Published
1977
Length
5 pages
Annotation
THE NEW JERSEY PRETRIAL INTERVENTION PROGRAM'S SCREENING GUIDELINES ARE REVIEWED, WITH REFERENCE TO THE ROLES PLAYED BY PROGRAM DIRECTORS, PROSECUTORS, AND THE COURTS.
Abstract
A NUMBER OF BENEFITS MAY BE HYPOTHESIZED FOR PRETRIAL INTERVENTION, BUT ALL PRESUPPOSE THAT CANDIDATES FOR INTERVENTION ARE JUDICIOUSLY SELECTED. CAREFUL SCREENING OF APPLICANTS IS NEEDED TO UPHOLD COMMUNITY SUPPORT FOR PRETRIAL INTERVENTION AND TO AVOID THE NECESSITY OF REINSTITUTING CRIMINAL PROCEEDINGS. IN RECOGNITION OF THE IMPORTANCE OF THE SCREENING PHASE OF PRETRIAL INTERVENTION, THE NEW JERSEY SUPREME COURT ESTABLISHED A TRIPARTITE ADMISSION PROCEDURE INVOLVING THE PROGRAM DIRECTOR, THE PROSECUTOR, AND THE TRIAL COURT, ALL OF WHOM ARE GOVERNED BY DETAILED GUIDELINES. THE PROGRAM DIRECTOR DETERMINES WHETHER DIVERSION IS FEASIBLE IN LIGHT OF THE APPLICANT'S CHARACTERISTICS. THE PROSECUTOR DECIDES WHETHER FOREGOING PROSECUTION IS CONSISTENT WITH THE LEGITIMATE DEMANDS OF LAW ENFORCEMENT. IF THE DIRECTOR AND THE PROSECUTOR AGREE THAT THE CASE SHOULD BE DIVERTED, AN ORDER MAY BE ENTERED ADMITTING THE DEFENDANT TO THE PRETRIAL INTERVENTION PROGRAM. IF EITHER OFFICIAL FINDS DIVERSION UNACCEPTABLE, THE REJECTED APPLICANT MAY ASK THE COURT TO OVERTURN THE DECISION. HOWEVER, THE COURT MAY OVERRULE ONLY IF THE DEFENDANT CAN PRESENT A CONVINCING AGRUMENT THAT REJECTION AMOUNTS TO A PATENT AND GROSS ABUSE OF DISCRETION. EITHER THE PROSECUTOR OR THE DEFENDANT MAY REQUEST APPELLATE REVIEW OF A TRIAL COURT'S ORDER ACCEPTING OR REJECTING AN APPLICATION. MAJOR ELIGIBILITY CRITERIA USED BY THE NEW JERSEY PRETRIAL INTERVENTION PROGRAM ARE CITED. (LM)