U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

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
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.