The Concept of Diversion
Question
Discuss the concept of diversion. In your opinion, which of the following three individuals would benefit most from a diversion program?
Frank Connelly, a fifty-five-year-old father of three from Western Pennsylvania who has just been arrested for possession of child pornography and has no prior arrests;
Phillip Ferns, an accountant for a mid-sized university in Ohio who has been arrested on several counts of embezzlement while stealing over 1.3 million dollars while working for the university;
Ryan Stahl, a former politician, now a private business owner, who was arrested for illegal possession of steroids and pain killers (400 Vicodins) with intent to deliver after being stopped for speeding. Explain your choice.


Solution
The
Concept of Diversion
Diversion is a cost-saving practice
in criminal justice that involves an intervention that gives offenders a second
chance to avoid a criminal record. The number of arrestees, inmates, and
defendants in the criminal justice system has increased considerably over the
last half-century. For example, in 2010, eight percent of the adult population
in the United States had prior felony convictions, compared to three percent in
the 1980s (Shannon et al., 2017). The diversion technique was implemented to
help the rapid case growth challenge by allowing authorities to deal with the
most severe offenders. Public officials may opt to halt, cancel, or divert
one’s passage through the court system to prevent a criminal record. The
diversion strategy is quite effective; for example, in 2009, a formal diversion
agreement was reached among criminal defendants in the 75 major U.S. counties
(Mueller-Smith & Schnepel, 2020). Diversion is practiced in the United
States; it is also used in other countries such as England, France, and the
Netherlands.
Diversion can be a program that the
offender needs to attend, and on successful completion, they are granted their
freedom without leaving a criminal record. An example of this program can be a
drug program where the defendant must complete drug and substance abuse classes
instead of facing criminal charges. Offenders with a criminal record are often
stigmatized, and even for the reformed, life can still be difficult for them.
To avoid this lifelong stigmatization, court systems intervene through the
diversion program, which will help eliminate the criminal conviction record. Furthermore,
diversion helps in improving an offender’s self-sufficiency and minimizing
further criminal activity. Most people disapprove of the diversion program by
arguing that dangerous offenders might go free. However, this program is only
practiced in the case of low-level offenders or people with no criminal record.
Moreover, immunity is only granted to offenders who have completed the program.
Otherwise, the offender is convicted following all necessary court procedures.
Diversion programs can be educational
classes, counseling sessions, rehabilitation, support groups, anger management
therapy, or community service. For example, after being caught speeding, Ryan
Stahl, a former politician who is now a private business owner, was arrested
for illegal possession of steroids and painkillers (400 Vicodins) with intent
to deliver. Due to the illegal possession of steroids and painkillers, Ryan
could face approximately one year sentence, which may not seem to be a lot.
However, the criminal conviction record will remain in his records permanently.
Conviction records eliminate the chance to resume an everyday life and increase
the chances of committing another offense. According to Kuveke-Guyton (2021),
prosecuting and punishing drug offenses did not reduce drug levels. Instead of
tainting Ryan’s record with drug charges, the court could recommend a pretrial
diversion program. Therefore, Ryan should undergo a diversion program, and on
successful completion, immunity will be granted, and Ryan will not have a
permanent criminal record.
Considerably, criminal justice
systems are already facing many cases to prosecute. Hence the adoption of
diversion programs. Society and the criminal justice system benefit from
diversion programs. People can improve their behavior without fear of the
implications of a criminal record if alternatives to criminal convictions are
available. Furthermore, these programs assist the criminal justice system focus
on serious crime cases, reducing expenses by eliminating unneeded probations,
and generating cash.
References
Kuveke-Guyton, J. L.
(2021, February 2). Drug possession and pretrial diversion. Cbsw Law. https://cbsw.stagemywebsite.com/drug-possession-and-pretrial-diversion/
Mueller-Smith, M., &
T. Schnepel, K. (2021). Diversion in the criminal justice system. The
Review of Economic Studies, 88(2), 883-936.
Shannon, S. K., Uggen,
C., Schnittker, J., Thompson, M., Wakefield, S., & Massoglia, M. (2017).
The growth, scope, and spatial distribution of people with felony records in
the United States, 1948–2010. Demography, 54(5),
1795-1818.




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