A pre-charge diversion happens when the police agree not to charge an individual with a crime. This is ordinarily when the individual has been captured for a minor offense. Rather, the police will issue a warning to the individual or refer them to a rehabilitative program to help keep away from re-offense. Pre-charge diversion programs are often used in cases involving youths, but there are some states that have adult pre-charge diversion programs as well. Pre-charge diversion programs are usually a positive, as they keep low-level offenders out of the system. However, a common issue with these programs is the cost, which can be prohibitive for some offenders, especially youths.
A preferred prosecution diversion is similar to a pre-charge diversion in that the offender usually has to participate in some kind of community-based justice program, rehab, community service, etc., for a period of time in order for their case to eventually be dismissed by a prosecutor. Programs vary from state to state and even community to community. An issue with preferred prosecution diversion is that some programs require an admission of guilt before an individual is allowed to enter a program. Then, if that person does not successfully complete the program, they have already given up the right to defend against the charges, having essentially already pleaded guilty.
For a sentencing diversion, the individual is charged, goes to court, and is offered or agrees to participating in some type of alternative to jail time. The alternatives vary depending on the individual’s charge—a sex worker may be required to attend classes on safe sex practices and HIV/AIDS, while a drug addict might enter a rehab program. An issue with sentencing diversion programs deals with habitual reoffenders, especially in drug cases. Some states will not offer sentencing diversion to someone who reoffends, despite the person being an addict. Reoffenders may wind up being sent to jail and are less likely to have access to rehab services.
Post-incarceration diversion programs are aimed at habitual offenders with the goal of getting them to not reoffend. For drug-related charges and individuals with mental health issues, these programs can be helpful to stop individuals from constantly cycling out and then back in to the system.
Deferred prosecution deals with delaying criminal charges against a suspect until he or she fulfills some obligation. There are concerns that the practice threatens important constitutional protections, since the prosecutors hold a significant amount of power over the offender and could use delaying the charges as leverage to force the individual to cooperate with the prosecution on other cases.
Deferred sentencing delays sentencing of offenders and requires defendants to plead guilty to a crime. A common form of deferred sentencing is probation. In some cases, when probation is completed successfully, the case may be thrown out or charges may be dismissed or expunged—however, that does not happen in all cases. An issue with probation and deferred sentencing is cost; also, many employers treat a deferred-sentence in the same negative way they treat a conviction.
Works Cited
Siegel, Larry J et al. Courts And Criminal Justice In America. 2nd ed., Pearson, 2015.
Wednesday, April 27, 2016
Describe each of the following: precharge diversion, preferred prosecution diversion, sentencing diversion, post-incarceration diversion, deferred prosecution, and deferred sentencing. Provide your opinion on and list a common concern for each one.
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