Legal Diversion Meaning
Note that diversion is generally only available to low-level offenders or those without a criminal record who are suspected of having committed non-violent offences. There are several goals and objectives associated with diversion programs. For example, different types of diversion are tried: the decision to divert minors is made by the prosecutor/lawyer. [25] A social worker is then assigned to assess the adolescent`s biopsychosocial profile. [26] At the end of the assessment, the social worker recommends a set of requirements to be included in a diversion contract. [27] The mediation procedure is initiated with the consent of the victim. [28] A neutral/independent mediator is assigned to the case. [29] The mediator`s duties are to facilitate dialogue between the offender and the victim, to support the reconciliation process, and to agree on compensation for damages. [30] Early termination: Diversion programs, if available, are usually offered to the defendant at the beginning of a prosecution. Once the prosecutor has invested time and energy in a case and prepared the case for trial, the desire to set aside the charge through diversion disappears.
As mentioned earlier, “drug diversion” is an example of a distraction program.1 A second example is mental health diversion programs, where mentally ill offenders can avoid prosecution for a crime by enrolling in a psychiatric treatment program for a period of time.2 Distraction conditions: Diversion programs have different conditions related to the defendant`s offence. For example, a prostitution diversion program in San Bernardino County requires the accused to attend counselling, undergo an HIV test, pay a fine and stay out of trouble for a period of time. Different crimes will result in different conditions that are closely related to the purpose of rehabilitation. If the conditions are met, the criminal proceedings against the accused are dropped. A diversion is an alternative procedure in criminal proceedings in which the prosecution is interrupted by an agreement between the defendant and the prosecutor in which the prosecutor completely rejects the accusation or does not initially lay charges. This agreement allows the defendant to avoid a criminal conviction in their case if they have successfully completed a rehabilitation program and probationary period. Most jurisdictions say diversion is only available to certain jurisdictions in the U.S. that may offer diversion programs for impaired driving charges. [15] One of these programs is the Expert Panel on Impact on Victims (VIP), which has been administered by Mothers Against Drunk Driving (MADD) since 1982.
MADD typically charges a “donation” of $25 (defined as voluntary), including court-ordered attendance; MADD reported $2,657,293 per year for such donations on its tax-exempt charitable donation returns. [16] The review also suggested that government programs should be more guided by experts trained and trained on the specific issues underlying a diversion program (for example, addiction or mental illness experts). According to the study, better communication with these individuals would help prevent states from ordering inadequate or poorly applied treatment.9 The availability of diversion programs depends on jurisdiction, the nature of the crime (usually non-violent crimes) and, in many cases, the exercise of prosecutorial discretion. [13] A 2016 investigation by The New York Times found that some prosecutors charged significant fees for diversion programs and earned significant revenue from them. [14] These fees may be a barrier to access to diversion for indigent accused. Admitting guilt is often a prerequisite for access to a diversion program. This means that if a defendant switches to a diversion program and does not pay the fees for the program, they can be brought back to court and proceed directly to conviction and sentencing. [14] Between 2010 and 2019, more than 4,000 youth benefited from the diversion and mediation program in Georgia and only 9 recidivism. [24] Diversion is offered by the district attorney only for minor crimes or for crimes where rehabilitation serves the interests of the judiciary and society better than punishment.
To this end, diversion is more common in cases of simple drug possession, prostitution, minor vandalism, crimes due to mental illness, crimes committed by minors, and crimes caused as a result of mental or physical trauma of a veteran.
