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Diversionary programs in prisons
Diversionary programs in prisons
Types of diversion used in juvenile justice
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The diversion process is commonly used in the criminal court process our court system in Madison County. I have seen regular diversion and judicial diversion used by the judges in Madison County judicial district. According to Schmalleger and Smykla, (2015) diversion is the process of halting or suspending the formal criminal proceedings against a person, which are sometimes conditional for the person. This conditional status could be for the completion of a specified treatment, counseling, or educational program. Conditional and unconditional diversions are just as their names refer. One has conditions and the other does not. I think any diversion is good for the right people. The people that are law abiding citizens that may make a
For starters, a pretrial diversion program is defined as an alternative prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program containing different methods of supervision. In practice, this sanction results
...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.
Sets forth procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentencing, and appeal
Prison litigation is a form of lawsuit process with which prisoners seek relief from prison. The Prison litigation Reform Act clearly outlines an increase in the litigation of prison cases that was enacted in 1996. Through such litigations, inmates are able to fight for their rights and fair treatment in prison. For instance among the prison ligations, we have prospective relieve where one can file a lawsuit to request the prison to change some of their policies to let one for example pray amongst groups. Exhaustion of remedies for administration also allows for one to articulate grievances against the prison official before suing them. Emotional or mental injuries are among other issues of prison litigation addressed in this prison litigation
...ement in the juvenile justice system. The OJDA coordinates programs that offer constructive alternatives to official court procedures. According to the Ohio Juvenile Diversion Association (n.d.), “diversion programs stress positive values, personal responsibility, and achievement.” Juveniles in diversion programs are offered a variety of programs with a goal of learning to cope with stressors and temptation through better decision making skills. Juveniles who are involved in the OJDA are still held accountable for any crimes they have committed, but may avoid formal charges (Ohio, n.d.).
Community correction is a term that refers to everything ranging from diversion before the trial to the punishment that follows after the trial. This refers to any way ranging to non-inmates yet supervised ways used to deal with criminal offenders who are facing conviction or who have been convicted. Beck et al., 2001. Probation as well as parole are the two most common ways of dealing with the offenders, though there are many ways such as being confined at home, electronic surveillance, day fines, community service shock probation and residential community supervision to mention but a few. The following are some of the intermediate sanction actions in the criminal corrections.
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. By helping unsteady criminals regain their health, society would see an exceptional reduction in the amount of crimes committed. Although some
When speaking of supervision in the community, the offender is obviously out and about in the community just under a certain type of monitoring, checkups and visits, and rules to be followed. Within diversion programs, offenders can keep their job when they mess up, not face stigmas, avoid a bunch of costs, and if they complete the programs the actual crime itself can be dropped off their record. I personally think that is the big difference, as humans we are all judgmental at some points; when people find out a person has committed a crime they are treated differently. When diversion programs are used, they do not publish that information, so the person will not feel attacked, judged, and excluded from society. (Edwina Rogers,
from arrest through parole, rather than the result of the activities at any single phase. Addressing
The basis came from Shelden (1999) which states that “youths’ exposure to the justice system may be more harmful than beneficial”. Moreover, It was believed that children who were diverted to community based intervention are less likely involved in future delinquency (Whitehead & Lab, 2001) In the book, Juvenile Delinquency: Prevention, Assessment, and Intervention; It highlighted that diversion is beneficial to the youth, community, and society. Furthermore, It also discussed that diversion fill the gaps of the formal juvenile justice system that diversion effectively reduced the labelling and stigmatization and the rate of recidivism. It also serves a deterrence, a net widening – where youth are given vast number of services rather than the prescribed number of service, and a balanced and restorative justice – where children are made accountable to their actions, to the community and the society as whole. One of the recommendations are to further improve the programs and services given to CICLs. It would also be better if they will be engaged in a community-based intervention. (Redding, et.al,
During the late 1800’s to the mid 1900’s, the United States was tainted by the stain of the slavery era, especially in the southern states. There was a great prejudice against blacks and the white majority was able to prevent them from practicing their basic rights, especially the right to vote and the right to get an education. When people started to question why there should be this segregation within society, they brought the issues to the United States Supreme Court. These conflicts resulted in the Supreme Court cases, Plessy v. Ferguson and Brown v. Board of Education, two of the most influential court cases in United States history.
The sentencing process is created by some of the legislative parties, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing requirements such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions, the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed, the offender can be sentenced to a consecutive sentence or a concurrent sentence.
Due to the increased recognized differences between adults and juveniles in terms of needs and developmental capabilities, offender’s treatment differ depending on whether they are treated in an adult or juvenile court. In the adult court jurisdiction, public safety and retribution are the most salient tenets while in the juvenile courts the best the intentions are intended towards the best interest of the child focusing on rehabilitation. The best goals and objectives of the juvenile court sanctions aim at ensuring that the youth in trial at the juvenile court desists from delinquent behavior and thus easy to be reintegrated in the society once more. This fact is mainly achieved through offering the youth individualized case management programs
The Supreme Court is a very powerful part of the government. Because the Supreme Court is the highest federal court in the United States, they alone decide the meaning of the constitution. The Supreme Court has nine justices that decide the constitutionality of cases that petition them.The Supreme Court gets their power through “judicial review” which is the act of declaring IF a law or act of another branch is constitutional or not. The supreme court has had the power of judicial review since the case of Marbury v Madison. The power of judicial review came from the Supreme Court itself in a case called Marbury v Madison. Marbury v Madison gave the Supreme Court the power to void an act of Congress if it is inconsistent with the Constitution.
For my field experience, I chose to attend a court case. On October 14th, 2015 I went to the District of Columbia court and watched a sentencing. It was not at all what I initially expected although after sitting in class for several weeks I was not shocked by it. What surprised me most was the informal, personal nature that the whole process had. The experience was interesting and I feel that I learned a lot from it.