VICTIM-DEFENDANT RELATIONSHIPS IN AN ADULT DIVERSION PROGRAM

• NCJ Number: 53853
• Author(s): J C STILLWELL
• Date Published: 1977
• Length: 18 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE NATIONAL CONFERENCE ON CRIMINAL JUSTICE EVALUATION, WASHINGTON, DC, FEBRUARY 1977 - PANEL 30 EVALUATING ALTERNATIVES TO ADJUDICATION

Annotation

A DIVERSION PROGRAM REQUIRING VICTIM APPROVAL FOR OFFENDER PARTICIPATION IS EXAMINED AS TO THE FACTORS CONTRIBUTING TO LOW VICTIM DISAPPROVAL, AND RESULTS OF VICTIM-DEFENDANT MEETINGS ARE DISCUSSED.

Abstract

THE ADULT DIVERSION PROGRAM (ADP) OF THE PIMA COUNTY, ARIZ., ATTORNEY'S OFFICE IS CURRENTLY DIVERTING BETWEEN 6 PERCENT AND 8 PERCENT OF ALL INDICTED CASES. VICTIM APPROVAL OF DEFENDANT PARTICIPATION IN DIVERSION HAS BEEN A REQUIREMENT FROM THE INCEPTION OF THE PROGRAM IN 1973. SINCE LESS THAN 5 PERCENT OF VICTIMS HAVE INDICATED DISAPPROVAL OF DIVERSION FOR DEFENDANTS, REASONS FOR THIS LOW DISAPPROVAL RATE ARE EXAMINED. THE FOLLOWING REASONS ARE PROPOSED AND DISCUSSED AS CONTRIBUTING TO THE LOW VICTIM DISAPPROVAL RATE: (1) MOST OF THE OFFENSES INVOLVED ARE PROPERTY CRIMES THAT SELDOM ENTAIL PHYSICALLY INJURIOUS CONFRONTATIONS BETWEEN VICTIMS AND OFFENDERS, (2) SINCE THE SCREENING PROCEDURE ELIMINATES DEFENDANTS WITH EXTENSIVE PRIOR RECORDS THE VICTIM IS PRESENTED WITH THE POSSIBILITY OF A SUCCESSFUL TREATMENT-ORIENTED APPROACH TO THE NOVICE OFFENDER; (3) THE SCREENING OUT OF THE BULK OF VIOLENT AND DRUG OFFENDERS ELIMINATES MOST MINORITY GROUP MEMBERS AGAINST WHOM VICTIMS MIGHT HAVE A DISCRIMINATORY BIAS, (4) A SIGNIFICANT MAJORITY OF VICTIMS ARE BUSINESSES WHOSE REPRESENTATIVES MAY BE LESS PERSONALLY INVOLVED IN THE CONSEQUENCES OF THE OFFENSE THAN WOULD BE RESIDENTIAL VICTIMS; (5) THE REQUIREMENT OF RESTITUTION WRITTEN INTO THE DIVERSION CONDITIONS IS A PERSUASIVE BENEFIT FOR THE VICTIM, AND (6) SHOWING CONCERN FOR THE VICTIM'S FEELINGS AND JUDGMENT IN THE MATTER SOFTENS RESISTANCE TO THE JUDGMENT OF THE SCREENING BOARD. THE ADP ALSO STRUCTURES VICTIM-DEFENDANT MEETINGS IN ORDER TO PROVIDE A MECHANISM BY WHICH RESTITUTION AMOUNTS AND ARRANGEMENTS CAN BE DISCUSSED. THE VICTIM AND THE DEFENDANT, AIDED BY A THIRD PARTY, CAN DISCUSS THE OFFENSE, ITS ORIGIN AND CONSEQUENCES, AND THE DEFENDANT'S PARTICIPATION IN THE DIVERSION PROGRAM. RESULTS OF THE ADMINISTERING OF A 'BEFORE' AND 'AFTER' QUESTIONNAIRE TO VICTIMS WHO PARTICIPATED IN SUCH MEETINGS ARE DISCUSSED. PRELIMINARY FINDINGS SHOW THAT VICTIMS' PUNITIVE POSTURES DIMINISH AFTER SUCH MEETINGS. IT IS GENERALLY CONCLUDED THAT VICTIM PARTICIPATION IN ADP IS BENEFICIAL. STUDY DATA ARE INCLUDED, ALONG WITH A BIBLIOGRAPHY. (RCB)