Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Criminal diversion program
Criminal diversion program
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Criminal diversion program
Alternatives to Traditional Prosecution The prosecutors have other duties in a court of law besides filing the charges. These duties and strategies include the diversion, deferred sentencing, and the deferred prosecution. These strategies provide the offenders with an opportunity to fulfill some of the obligations. The obligations are the exchange to the prosecutor’s decision to avoid the formal charges (Buzawa, 2012). Diversion is a court program that provides with an alternative to the prosecution. Each court has its well-defined diversion programs and the different set of the eligibility requirements. In some cases, the diversion programs appear to be very formal and structured. Some of these formal programs include the Mental Health Diversion and the Extra Judicial Sanctions often offered by the Youth Court. There also exist types of diversion that are very informal and at times may involve offering a service to the community or donating to a charity. However, despite the presence of differences, all the diversion programs have some common characteristic such that they all belong to a category of alternative prosecution. The court recognizes these alternatives in that it does not deal with all types of the offenses brought before it. Additionally, it can argue out that helping the community sometimes make up for the harm caused by an offense. Therefore, diversion refers to the programmatic and informal methods that steers the offenders out of the criminal justice system. Diversion has existed since the emergence of the community-based corrections (Friman, 2010). The push for the diversion programs followed the recommendation by the president’s Commission on the enforcement of the law in the year 1967. Additionally, there were... ... middle of paper ... .... Despite the presence of some diverging features concerning the alternative to the prosecution, they all serve similar purposes in the criminal justice system. References Buzawa, Eva Schlesinger, Carl G. Buzawa, Evan Stark, and Eva Schlesinger Buzawa. 2012. Responding to domestic violence: the integration of criminal justice and human services. Friman, Hakan, and Darryl Robinson. 2010. An Introduction to International Criminal Law and Procedure. Cambridge University Press. http://www.myilibrary.com?id=272492. Welch, Casey, and John R. Fuller. 2014. American criminal courts legal process and social context. Boston, Mass: Anderson Publishing/Elsevier. http://www.contentreserve.com/TitleInfo.asp?ID={87D1EF0B-F44D-42C6-8A8F-F46D5BACCB4F}&Format=50. Britz, Marjie. 2009. Computer forensics and cybercrime: an introduction. Upper Saddle River, N.J.: Pearson Prentice Hall.
...es and cautions of jail diversion programs include safety of the public and the potential cross-purpose goals of the treatment services industry and the criminal justice system. Public safety is paramount when discussing jail diversion programs. Whatever has caused the offender to commit crime, be it substance abuse or a mental illness, does not negate the fact that the crime was committed and the public must be protected from the offender is some form or fashion. Jail diversion programs have various tracking methods of offenders but they do provide enough freedom and opportunity for recidivism. Also, treatment services and incarceration do often work at cross purposes and unless integrated successfully can cause barriers to coordination and solutions (SAMHSA, 1993). One organization emphasizes treatment and the other emphasizes public safety and punishment.
When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014). The crime control model is based on efficiency and ensuring crime is repressed as much as possible; this model promotes bargaining and often encourages defendants making deals with
The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.
Pretrial diversion process is when defendants charged with non-serious offenses are diverted in lieu of prosecution, if they agree to complete certain requirements such as community services, enrollment in rehabilitation program, conditional supervision. The process give first time offenders a second chance at having a clean criminal record. The prosecutor’s office serve as a gateway as to which defendants are eligible for pretrial diversion process. Defendants are evaluate on certain factors to determine if the likelihood of future criminal behavior or noncompliance.
In recent years, there has been controversy over mass incarceration rates within the United States. In the past, the imprisonment of criminals was seen as the most efficient way to protect citizens. However, as time has gone on, crime rates have continued to increase exponentially. Because of this, many people have begun to propose alternatives that will effectively prevent criminals from merely repeating their illegal actions. Some contend that diversion programs, such as rehabilitation treatment for drug offenders, is a more practical solution than placing mentally unstable individuals into prison.
For much of the twentieth century, punishment and crime have portrayed some of the most powerful signs of the racial divide in the United States. Marginalized and the poor remains the most biased against the criminal justice scheme (Barak, 2010). Throughout the Americas. racial minorities were tried in white courtrooms by white juries. Class and race are challenging.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
U.S. Department of Justice. 2002. “What is the Sequence of Events in the Criminal Justice System?”
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
In recent discussions of prison reform, a controversial issue has been whether diversion programs are more beneficial than not. On the one hand, some argue that diversion programs give convicted criminals a chance to hopefully better themselves and get back into society. On the other hand, however, others argue that these programs are allowing dangerous criminals back into the streets with no guarantee of them changing their behaviors. In sum, then, the issue is whether society and the government should allow these unguaranteed hopes to continue. While some believe that diversion programs may be a good substitute for prison, diversion programs are not an efficient substitute because they release potentially dangerous criminals and felons out onto the streets.
Smith, C. E. (2004). Public defenders. In T. Hall, U.S. Legal System (pp. 567-572-). [Ebscohost]. Retrieved from http://web.ebscohost.com/ehost/ebookviewer/ebook
What is the difference between juvenile diversion and probation? Juvenile diversion is processing a juvenile without going to court. It is a referred to the commonality board like court for youth, or if there is legal insufficiency they would dismiss it. Diversion can have a number of essential and imperative designs. It can benefit juveniles who are low-liability that are less likely to make poor decisions and avoid the stress that can have consequences from being delinquent in the determination process. Diversion has provided some great conveniences for public collaborators and victims to have an effective role in managing low-liability juvenile delinquents. The diversion development can deflate accountability of the courts, which would on the other hand come across as impractical for them to arbitrate every single delinquent that is recommended for it. Diversion is also in-expensive it would be expeditiously against the, opposed actions. Diversion also helps the process in reducing probation cases; also, it helps the appropriate capabilities for staff’s precious yet limitless time to more of the serious delinquents. Probation is usually for offenders who need to be rehabilitated by strict supervision but do not need to be incarcerated. Probation has optional arrangements with condemnation given out by the judge that would also allow for halfway housing arrangements and other programs such as conversion programs. Even though, diversion programs deflect confinement and condemnation probation punishes if one should be convicted of an offense and could possibly be confined if the delinquent should happen to violate their terms of the probation process (State of Alaska, 2012).
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The use of computers in homes, schools, offices, and other places has increased in the past few years due to technological developments. As computers have become important components of modern communication, their increased use has also led to the emergence of computer crimes. Computer crimes basically involve the use of a computer system to carry out an illegal activity. In attempts to lessen the frequency and impact of computer crimes, law enforcement agencies use computer forensic to investigate these offenses. Actually, computer crimes are governed by specific laws and dealt with through conducting a computer forensic investigation (Easttom & Taylor, 2011, p.337). Notably, a computer forensic investigation is usually carried out through the use of computer forensic tools, which help in collection of evidence based on the specific offense.
What did they do ? Before we talk about it any further, we have to know some definitions that we use in digital forensics and digital evidence, not only two of them but the others too. This chapter will explain about it . Before we talk about it any further, we have to know the definition of what we are talking about. In the introduction we already know what digital forensic and digital evidence shortly are. In this chapter, we will more explore what they are, and some state that we found when we search about digital forensic and digital evidence. Computer forensics is a broad field and applied to the handling of crimes related to information technology. The goal of computer forensic is to securing and analyzing digital