What Are the Advantages and Disadvantages of Diversion in Juvenile Justice?

Diversion boards may be more appropriate than official courts for juvenile offenders.

Juvenile diversion employs extra judicial measures for handling minor offenses. Instead of going to court, the youth, often accompanied by his parents, goes before an accountability board. After handing down a decision, the youth must follow the punitive guidelines set by the board, including community service or informal penalties such as home curfews. Diversion hearings offer many advantages over official courts, but they can be used improperly in some circumstances.

Caseloads

Courts often function with limited resources and budgets. Prosecutors have an obligation to go after the most serious offenses. Trying the theft of a candy bar by a first-time offender uses up time and labor that could be applied to a felony murder case. Minor offenses also clog up a judge's docket, and the juvenile justice system as a whole. Diversion allows volunteers on a board to handle these incidents to lighten the caseload of official courts. On the other hand, overburdened prosecutors also may dole out cases to diversion boards that deserve official judicial sanction. Furthermore, diversion boards usually work on a volunteer basis so they cannot hold hearings on a full-time basis. An effective juvenile justice system must exercise good judgment in assigning cases properly.

Sentencing

Courts sometimes have limited choices in how to punish a minor. They may choose incarceration, fines or probation. On the other hand, juvenile diversion boards often place a greater emphasis on accountability and reparation. If a delinquent vandalizes a home, a diversion board may order her to clean up the mess. An assault may be remedied through anger management classes. In other cases, counseling for the entire family may be appropriate. Generally, diversion emphasizes positive and constructive character development.

Deterrence

Diversion may be an ineffective deterrent for repeat offenders and incorrigible criminals. Criminologists often discuss the notion of risk and reward in criminal justice. Since diversion courts do not have the power to incarcerate juveniles; these kids may feel more at liberty to commit crimes in the future that are more serious. The reward of a crime outweighs the risk of another diversion hearing. As a result, the juvenile may become a habitual offender.

Professionalism

Juvenile courts require licensed attorneys and expert judges with years of experience. A volunteer body may lack the professionalism required to handle an offender. For instance, her understanding of an appropriate punishment for a crime may be too little or too great without extensive knowledge of sentencing guidelines. In addition, she may hear cases that would be judged unconstitutional in an actual court. For instance, volunteers on a diversion board may not understand the constitutional implications of an illegal search made by a police officer that results in a drug bust. By recognizing the legitimacy of diversion boards, the juvenile justice system may put constitutional freedoms at risk.

References

• Spokane County Washington: Diversion
• New Hampshire County Diversion: Steps In Creating A Diversion Program