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. The advantages to pretrial diversion is reduction criminal court caseloads due to the release of defendant back into the community. Secondly, the defendant is still able to contribute as member of the community through employment or community services. The reprimand actions fostered treatment and rehabilitation instead of punishment, which may lead to …show more content…
deterrence for future offenses. Last but not least, the dismissal and/or expunge of charges from the record upon completion of the requirement. Disadvantages to pretrial diversion include recommence of criminal proceeding cost the state money and court time. The decision to order treatment as pretrial diversion rest upon the prosecutor’s office. As a results if prosecutor office’s is overwhelmed with caseloads, there is less chance for diversion processing. Furthermore, pretrial investigation occasionally relied on subjective and reported in narrative form which can be or against the defendant due to bias. Lastly, discrimination against defendants in regard to race, sex, employment status, or families-connection. I think Rush Limbaugh received a fair deal.
It was his first non-serious offense and his diversion arrangement is equal to the severity of his offense. He was accused of substance abuse and his remedies was completion of a substance abuse treatment program and participated in drug testing. One of the factor to determine if a person is consider for pretrial release is the ties to the community, employment, risk of failure to appear in court, compliance to community services. Rush Limbaugh fits into all of those categories since he gainfully employed in the community, positioned to support his families, pay taxes, well-known and able to disburse monetary restitute. I think the same deal would have been offered to someone with less status and money. The consideration for pretrial diversion process is based on factors of the individual such as employment status, substance, prior criminal record and record of failure to appear in court. The status and the amount of money a person has is not taken part of the assessment for pretrial diversion
process.
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.
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
...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.).
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.
Reaching epidemic proportions and spreading like a disease, prosecutorial misconduct has cut across geographic and socio-economic areas with the effect of infecting the criminal justice system (Lawless, 2008). Prosecutorial misconduct takes place when a prosecutor breaks the law or code of professional ethics during the prosecution stage. Legal and ethical violations can weaken the conformity to the law and rules that are to be followed within the criminal justice system (Cromwell, P. F., Dunham, R. G., & Palacios, W. R., 1997). In this paper, existing research focused on factors related to prosecutorial misconduct will be presented. This paper will also examine potential remedies that exist to confront prosecutorial misconduct.
Sentencing is the punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge's verdict if there was no jury) within the possible punishments set by state law (or Federal law in convictions for a Federal crime).The primary goals of sentencing are punishment, deterrence incapacitation and rehabilitation. Juries maybe entitled to pronounce sentences but in most circumstances sentencing is performed by the judge.
Do you remember the first time we met? I do as I cannot shake the memory. It was love at first sight. I’ll never forget the feeling I had. A warmth overcame my body as you stoked a fire in my heart. It was like I had spent my life drowning in the sea around me and you were that breath of fresh air as I pulled myself out. My cares and concerns melted away. I was complete. You were exactly what I had been missing in my life. My better half you completed me you made me whole. Your touch, your scent, your glistening radiance I took it all in. I felt its force enter my body working its way to the very center of my soul. It felt like a real living breathing thing coalescing within my life force touching parts of me I never knew existed. You awakened some innate primal desire and I needed you at all times.
“Specialized courts differ from traditional courts in that they focus on one type of offense or offender. Usually the judge plays an intensive supervisory role. Other criminal justice components (e.g., probation) and social services agencies (e.g., drug treatment) are involved and collaborate closely in case processing.” (Office of Justice Programs [OJP], 2008). High statistical correlations between offenders may demonstrate a need or possibility of specialized courts. These courts focus on the underlying issues behind the offending and try to cure it at it’s roots (NIJ, 2008). There are a variety of specialty courts such as drug, domestic violence, and restorative justice.
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.
The Merriam Webster dictionary defines Probation as a period of time given to someone who commits a crime and instead of being incarcerated are allowed to spend their sentence in the community based on conditions set aside by the courts. (http://www.merriam-webster.com/dictionary/probation) The task was given to me to build the ultimate model of Probation Services. After careful consideration and great thought this is the route I decided to take. I believe that parents play a great role in some of the decisions their children make. The decisions children make today are a reflection of their parents. My focus on this probation model is to place both child and parent in an institution were they would undergo a period of restoration of family values, rehabilitation, parenting courses, academia and counselling. The ages of these juveniles will range between the ages of ten (10) to seventeen (17) years old.Therefore I stand for institutionalized probation and how this probation will assist in instilling family values.
In the simplest terms, prisons exist for punishment, deterrence, and reform. Many forget that nearly all prisoners will return to society. Prisons should give inmates the right opportunities to turn their lives around. Through fair, just, engaging, and structured successful reentry programs, they can make a positive difference, which means everyone will be that much safer. Over time, prisons have begun to overflow and loss sight of their mission. Prison reform is important not only for the inmates, but also affects all of society. To make the best of our prison system we need to reduce prison admissions, and increase successful reentry.
for youngsters who have a long history of convictions for less serious felonies for which the juvenile court disposition has not been effective” (qtd. in Katel).
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.
First, as previously mentioned, diversion can be a beneficial disposition in the matter of first-time offenders. This is especially true regarding juvenile offenders based on a study conducted by McAra and McVie in 2007 which concluded that “Recidivism rates were significantly higher over the following year for the sample of youth drawn furthest into the justice system” (Wilson & Hoge, pp. 499, 2013). Diversion cannot be expected to act as a fix all solution in every situation. For example, while diversion is effective in preventing long sentences for offenders that are mentally ill, “there is as yet no evidence to suggest that this diversion model serves to reduce the incidence or prevalence of recidivism in this group” (Sirotich, 2009). In conclusion, the efficacy of diversion regarding recidivism is determined by the circumstance under which it is used and if it is utilized in an appropriate