The definition of diversion is halting or suspending onwards conviction of a formal criminal proceeding. This is conditioned on reappearance performance by the defendant. Diversion can find oneself any time during the criminal justice process aft(prenominal) the criminal complaint has been filed or police observed a crime. Police, prosecutor or judge may call for a diversion. Defendants have access to defense counsel before decision making whether to participate. Diversion is also used for people who classified as mentally ill or incompetent not adapted to stand trial or in need of internment and sermon other than imprisonment. They are referred to an agency for volunteer(prenominal) interference or civil commitment to an institution in station of prosecution and a prison sentence. Diversion programs offer a variety of remedial responses to defendants problems example drug and alcohol treatment, mental health service, employment counseling, and education. It may convey agencies in or outside the criminal justice system. The response depends on the communities criminal justice population.
There are deuce categories of diversion:
Unconditional diversion is the termination of criminal process at any point before adjudication with no menace of later prosecution.
It affords the best protection for a defendants legal rights because dismissal of charges does not require any counter performance. In effect, the defendant has everything to gain and nothing to lose. In tyrannical diversion, treatment, counseling, and other services are offered on a voluntary basis. Many corrections leaders believe that voluntary treatment is more likely than coerced treatment to have beneficial effects. Whether that is trustworthy or not is subject to debate. Research consistently indicates that offenders motivation for entering correctional programs (voluntary or coerced) are not as important in treatment outcome as their last-ditch length of stay in treatment.
Conditional diversion means that charges are dismissed...If you want to get a full essay, place it on our website: Orderessay
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