Diversion program
Encyclopedia
A diversion program in the criminal justice system is a program run by a police department, court, a district attorney
's office, or outside agency designed to enable alleged offenders of criminal law to avoid criminal charges and a criminal record. The purposes of diversion are generally thought to include relief to the courts, police department and probation
office, better outcomes compared to direct involvment of the court system, and an opportunity for the offender to avoid prosecution by completing various requirements for the program. These requirements may include:
Diversion programs often frame these requirements as an alternative to court or police involvement or, if these institutions are already involved, further prosecution. Successful completion of program requirements often will lead to a dropping or reduction of the charges while failure may bring back or heighten the penalties involved. Charges dismissed because of a diversion program will still lead to additional criminal history points under the U.S. Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise admitted guilt in open court, provided that the deferred disposition was not a juvenile matter.
are often fundamentally different from the programs meant for adults. Many times youth will present with substance abuse
and mental health
issues which may be the underlying cause of such delinquency
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
's office, or outside agency designed to enable alleged offenders of criminal law to avoid criminal charges and a criminal record. The purposes of diversion are generally thought to include relief to the courts, police department and probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
office, better outcomes compared to direct involvment of the court system, and an opportunity for the offender to avoid prosecution by completing various requirements for the program. These requirements may include:
- Education aimed at preventing future offenses by the offender
- Restitution to victims of the offense
- Completion of community serviceCommunity serviceCommunity service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
hours - Avoiding situations for a specified period of time in the future that may lead to committing another such offense (such as contact with certain people)
Diversion programs often frame these requirements as an alternative to court or police involvement or, if these institutions are already involved, further prosecution. Successful completion of program requirements often will lead to a dropping or reduction of the charges while failure may bring back or heighten the penalties involved. Charges dismissed because of a diversion program will still lead to additional criminal history points under the U.S. Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise admitted guilt in open court, provided that the deferred disposition was not a juvenile matter.
Diversion and Juvenile Justice
In the case of Juvenile Justice, diversion has played a key role in improving outcomes and rehabilitating youthful offenders. The concept of diversion is based on the theory that processing certain youth through the juvenile justice system may do more harm than good. Programs meant to divert Juvenile DelinquentsJuvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
are often fundamentally different from the programs meant for adults. Many times youth will present with substance abuse
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
and mental health
Mental health
Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...
issues which may be the underlying cause of such delinquency