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NCJ Number: 30739 Find in a Library
Title: CRIMINAL PRACTICE - PRETRIAL INTERVENTION PROGRAMS - AN INNOVATIVE REFORM OF THE CRIMINAL JUSTICE SYSTEM
Journal: RUTGERS LAW REVIEW  Volume:28  Issue:5  Dated:(SUMMER 1975)  Pages:1203-1224
Author(s): ANON
Corporate Author: Rutgers University
School of Law
United States of America
Date Published: 1975
Page Count: 22
Sponsoring Agency: Rutgers University
Newark, NJ 07102
Format: Article
Language: English
Country: United States of America
Annotation: PURSUANT TO NEW JERSEY COURT RULE 3:28, THIS SYSTEM OF FORMALIZED DISCRETIONARY DIVERSION PROGRAMS PROVIDES REHABILITATION AND TREATMENT OPPORTUNITIES FOR SELECTED DEFENDNATS IN LIEU OF CRIMINAL PROSECUTION.
Abstract: PROGRAM PARTICIPATION OCCURS PRIOR TO TRIAL OR ENTRY OF PLEA. THIS ARTICLE EXAMINES THE BACKGROUND OF THE FORMALIZED PRETRIAL INTERVENTION (PTI) CONCEPT AND SOME OF THE LEGAL, PROCEDURAL, AND CONSTITUTIONAL ISSUES INHERENT IN THE NEW JERSEY PROCEDURES. CONSIDERED ARE THE POTENTIALLY COERCIVE NATURE OF PROGRAMS WHICH WOULD REQUIRE A GUILTY PLEA FROM THE POTENTIAL PARTICIPANT AS A PREREQUISITE TO ACCEPTANCE; THE NEED FOR DUE PROCESS HEARINGS AT THE INITIAL DETERMINATION OF PROGRAM SUITABILITY AND AT THE DECISION TO TERMINATE PTI PARTICIPATION; AND THE RESPECTIVE ROLES OF THE PROSECUTOR AND THE JUDICIARY.
Index Term(s): Diversion programs; Judicial diversion; New Jersey; Pretrial procedures; Prosecutorial discretion
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30739

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