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NCJRS Abstract

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NCJ Number: 31750 Find in a Library
Title: DEFENDER OPERATED DIVERSION - MEETING REQUIREMENTS OF THE DEFENSE FUNCTION
Journal: NLADA BRIEFCASE  Volume:33  Issue:1  Dated:(JUNE 1975)  Pages:137-145
Author(s): H S JACOBSON; J T MARSHALL
Corporate Author: National Legal Aid and Defender Assoc
United States of America
Date Published: 1975
Page Count: 9
Sponsoring Agency: National Legal Aid and Defender Assoc
Chicago, IL 60637
Format: Article
Language: English
Country: United States of America
Annotation: AFTER REVIEWING AND CIRITICIZING THE ISSUES AND SELECTION CRITERIA ASSOCIATED WITH PROSECUTORIAL AND THIRD-PARTY DIVERSION PROGRAMS, THE AUTHOR PROPOSE THAT INCREASED ATTENTION BE GIVEN TO DEFENDER-OPERATED DIVERSION.
Abstract: THE RECOMMENDATIONS AND STANDARDS ON THE PROSECUTION AND DEFENSE ROLES IN DIVERSION OFFERED BY SEVERAL PROMINENT COMMISSION AND ASSOCIATIONS ARE REVIEWED. THE AUTHORS CONCLUDE THAT BOTH PROSECUTION AND DEFENSE ARE DEEMED TO HAVE RESPONSIBILITIES FOR CONSIDERING DIVERSIONARY ALTERNATIVES. IT IS NOTED, HOWEVER, THAT CONSIDERABLE RESISTANCE HAS BEEN OFFERED TO THE IDEA OF DEFENDEROPERATED DIVERSION. THE POSSIBLE DETRIMENTAL EFFECTS OF PROSECUTION-OPERATED DIVERSION ON THE DEFENDANTS' RIGHTS AND THE POSSIBLE NEGATIVE RESULTS OF OFFERING PROSECUTOR AND THIRD PARTY DIVERSION TO AN EXTREMELY LIMITED GROUP OF NONSERIOUS OFFENDERS ARE DISCUSSED. THE AUTHORS CONCLUDE THAT DIVERSION CAN BE LEGITIMATELY OFFERED BY PROSECUTOR, DEFENDER AND THIRD PARTY ORGANIZATIONS. DEFENDER ORGANIZATIONS COULD BE THE PROVIDER OF 'LAST RESORT' DIVERSION SERVICES, OFFERING DIVERSION TO THOSE NOT NORMALLY CONSIDERED AND PROVIDING DIVERSION AT THE POST ADJUDICATION, PRESENTENCING STAGE IN THE CRIMINAL JUSTICE PROCESS. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Defendants; Defender systems; Defense; Diversion programs; Judicial diversion; Prosecutorial diversion; Target groups
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31750

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