Diversion In Criminal Justice System - Courts And Police Department

Question: The halting or suspension before conviction of formal criminal proceedings against a person, conditioned on some form of counter performance by the defendant" (George, 1984). There are several reasons for the use of diversion: List 3 reasons with an explanation for the use of diversion, and discuss why it would be beneficial to the criminal justice system. Also explain how the use of diversion would have an effect on law enforcement. Is diversion cost-effective? Answer: Diversion in the criminal justice system: Diversion is a kind of program included in the criminal justice system, in which the criminals accept the responsibility for the commission of crime, try to amend the acts done by them and in which a healing process is initiated in which criminals commit to cooperate in exchange for the halt of the criminal proceedings against them ( Editorial: Justice system must correct itself after diversion debacle, 2011). The aim of diversion system is to make the criminal law abiding citizens and prevent them from re-offending. There are three major reasons for the introduction of this system. First, to divert the youth offenders from the criminal proceedings to some good activities of and under the community. In diversion, the offenders are engaged into some form of social service activities so that their mind can be changed from criminal intent to a noble intent (Jehle, J, 2008). Second, to relieve the courts and police department from the burden of cases for petty offenses and to preserve them for more serious crimes, where there are no other alternatives available. Third, to provide a source of restitution to the victims and the community and also to protect the youth from the stigma of criminal and to solve the petty cases outside the courts as far as possible. The main purpose of the diversion system is avoiding the formal time taking criminal proceedings and settlement by outside agencies so as to make the offenders get rid of criminal charges and criminal record. It is more beneficial to the criminal justice system as compared to the usual proceedings (Jehle, J., Wade, M., Elsner, B., 2008). The main reason behind it is that the stigma of the criminal record like arrest, trial and then conviction can actually lead to the encouragement of the criminal intent and behavior. Moreover, the expenses of diversion system are much lesser than that of the ordina ry regular criminal proceedings and are also less complex and with lesser formalities. It proves to be ultimately more effective for the society at large, because in certain successful cases the criminals get converted to good hum beings, which is rarely possible through punishment in regular criminal proceedings. Thirdly, the offender develops a habit of doing good while completing the condition of cooperating in the program ordered. Diversion helps in the law enforcement in an effective and useful way. The offenders are under the supervision of the probation officer, who monitors every activity of the offender and makes him abide by law at every step during the program (Landau, 2004). In case of failure of the program, heavy penalty is imposed and in case of serious failure of the program, where the offender does not cooperate as per the conditional order, regular criminal proceedings are initiated against the offender. In essence, it can be said that the diversion system is less complex, faster and more effective, as it attempts to eradicate the crime from the root, by changing the mind of the offender, which is the main cause of any crime and secures the future of the society. References: EDITORIAL: Justice system must correct itself after diversion debacle. (2011, Dec 18).McClatchy - Tribune Business News. Jehle, J., Lewis, C., Sobota, P. (2008). Dealing with juvenile offenders in the criminal justice system.European Journal on Criminal Policy and Research,14(2-3), 237-247. Jehle, J., Wade, M., Elsner, B. (2008). Prosecution and diversion within criminal justice systems in europe. aims and design of a comparative study.European Journal on Criminal Policy and Research,14(2-3), 93-99. Landau, T. (2004). How to put the community in community-based justice: Some views of participants in criminal court diversion.Howard Journal of Criminal Justice,43(2), 131-148.