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Pretrial Diversion Screening - An Analysis of Differential Labeling Categories on Sentencing Outcomes

NCJ Number
73386
Journal
Journal of Offender Counseling, Services and Rehabilitation Volume: 4 Issue: 4 Dated: (Summer 1980) Pages: 369-381
Author(s)
W G Matthews
Date Published
1980
Length
13 pages
Annotation
The impact of implementing a prosecutorially-based diversion program is examined with respect to the unintended and unanticipated results occurring from the client selection process.
Abstract
The study involved an analysis of the sentencing record of misdemeanor and felony property offenders referred to the diversion screening unit during 1978. The first category of subjects consisted of all defendants referred to the diversion program in 1978 who were charged with a felony property offense. This category was composed of 24 defendants who voluntarily declined participation and 28 defendants who were officially rejected for diversion status. The second category of subjects consisted of all defendants who were referred to the diversion program in the same year and were charged with a misdemeanor property offense. This population consisted of 107 defendants who voluntarily declined participation and 111 defendants who were rejected by the program. None of the defendants in either of the category had been previously convicted of a property crime as an adult. The data were analyzed using a chi-square statistical technique for nonparametric data. The results, however limited in general application, suggest that the criminal justice system is more restrictive and more punishment-oriented toward those defendants who are officially rejected by the diversion program as compared with those who voluntarily decline to participate. Possible reasons for this are suggested. Tabular data and 28 references are provided.