Benefits of Pretrial Diversion
Jerome D. Taylor III
Western Kentucky University
Abstract
There are many benefits for jail diversionary programs in the state of Kentucky. Nonviolent offenders, family members, judicial systems, and the jails can benefit from keeping these people out of jail and in society.
I was surprised to find, during my research very few negatives to these programs around the country.
Key Words Incarceration: Confinement in a jail or prison.
(http://legal-dictionary.thefreedictionary.com/Incarceration)
Pre trial diversion: Diverting a defendant out of the criminal justice system.
(http://definitions.uslegal.com/d/diversion/)
Benefits of Pretrial Diversion
Table of Contents
Chapter 1: Struggles of local jails Overcrowding of jails……………………………………………………..p.4 Jail closings……………………………………………………………….p.4 Federal and state regulations……………………………………………...p.4
Chapter 2: Overburdened judicial system Increasing court dockets………………………………………………...p.4 Budget cuts………………………………………………………………p.4 Decreasing court caseload……………………………………………….p.4
Chapter 3: Incarceration and the family Financial burden………………………………………………………...p.6 Children with incarcerated parents…...……………………...………….p.7 Spouse with incarcerated spouse………………………………...………p.7
Chapter 4: Pros and cons of diversionary programs Mental aspects of incarceration…………………………………………p.7 Avoid jail time…………………………………………………………..p.7 No criminal record……………………………………………………....p.7
Benefits of Pretrial
Recidivism, or committing additional crimes in the future, has been reduced greatly for participants in these courts. A study conducted in 2011 of veterans who completed the programs from eleven of the fourteen veterans treatment courts at the time showed a recidivism rate of less than 2%, while the recidivism rate for state prisoners was almost 70%. Another benefit is that these courts lower crime rates as they help veterans become law-abiding, productive citizens. Finally, veterans treatment courts help to save tax payer’s money as the cost of the program is less than 10% the cost of imprisoning someone. The cost of the program is covered by federal money, so states do not have to incur any additional financial burden (Frederick,
This includes several counties surrounding Dekalb County. This year also presented 7,864 releases with an average stay of 181 days and serving almost 10,000 individuals whether inside or outside of the facility. This does not include those that are housed at the regional facility within the county. The regional facility does do a great deal of work within the community and with the police department and the juvenile justice system. This says a lot about these centers. Of course, this is not to say that it solves all problems. There are those individuals that are not able to go to an YDC and because of that they are housed at an adult facility because of their age. But it can be viewed that they are doing what they can within their specific region in order to rectify the safety and concerns of the offenders and the residents within the
The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.
Once the rehabilitated juveniles are released, they will be able to start a new life. Juveniles will be able to get a job and maybe earn a degree for a specific profession without being viewed a criminal.
The three alternatives to local control of jails are state-run jails, cooperative (regional) arrangements. and state subsidized programs. These are supervision and treatment services that help with jail overcrowding and help keep mentally ill offenders out of jail. They also help to save taxpayer's money as well as permit offenders to have and keep jobs.
Nationally, every 7 minutes, another person enters prison. And every 14 minutes, someone returns to the streets, beaten down and, more often than not, having suffered a great amount of violence during his or her incarceration. Professionals will tell you that incarceration really does very little to stop crime, but we go on spending billions of dollars in order to lock up more and more people. We have become the country with the highest incarceration rate in the industrialized world. (National Criminal Justice Commission)
Once the offender is released from prison with still no understanding of how to re enter society they resort back to what they know. However, some state and federal facilities are offering rehabilitation programs within the prison systems. Some federal prisons offer GED programs, college classes, and apprenticeships. There are also many of prisons who offer drug classes such as nonresidential drug abuse programs as well as the drug education class, 500 hr residential drug program. Some also offer classes that will get an inmate mentally ready before they release. In the state prisons they offer college classes in some as well as apprenticeships, and a drug class. What I have seen is that federal prisons are still offering a good bit of programs threw the poor economy while the state is cutting programs from left to right. I witnessed this statistic in person January 2010,21 inmates at Greenville Federal Prison Camp completed a 500-hr residential treatment program out of 21 inmates who was released in the same three days only one has returned back to prison to this exact day. However the first three years out for an
The jail program I believe is most beneficial to an inmate is educational and training programs. Most jails and prison offer inmates the GED programs to help them further their education more. Most of the inmates that receive education program are most likely not to return back to prison and more likely to find a job as well. This program gives the inmates hope for a better life and future. The ones with no education will stay on the street and make their living.
The need for the Jail Diversion Program arises from the increasing number of mental health problems among the jail population in the United States. According to Bell, Decker, & Sullivan (2013), 64 percent of the adults incarcerated in the US prisons in
Drug court is also known to reduce recidivism rates. This was done through participation of the defendants and justice professionals who are involved in the program. The issues defendants have been face with are address when they are sent to drug court. Most defendants that come into the criminal justice system are faced with depression, homelessness, lack of education, lack of employment, medical and mental health issues, poor motivation, lack of family support and community support.
In chapter 18 “The Case against Plea Bargaining” by Timothy Lynch, it discusses the use of plea barging in cases which involve defendants admitting guilt in exchange for a reward. According to Lynch, some of the benefits include being charged with a lesser offense or in other words a reduced sentence, a decrease in counts when a defendant is charged with numerous counts of crime, and a promise by the prosecutor to recommend to the judge that a soft sentence is forced. Another benefit is the modification in the charges filed against the defendant to be somewhat more acceptable.
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
Are judges to lenient with punishment? Yes, and that is the main reason for an increase rate in recidivism worldwide. As the judge is who comes up with all the punishments, and it is based off the fourteenth amendment. The judge’s main goal is to not to punish, but to treat the fugitive for the crime he/she committed. About three quarters (76.6%) of the released prisoners have been rearrested in less than five years, and more than half of those prisoners (56.7%) were rearrested in less than a year. Research shows that imprisonment gives a little deterrent on the population. For deterrent to be successful the prison should own up and realize his/her own consequences and decide if the benefits outweigh the costs. Some programs that show to much aggression, or programs that try to scare offenders from offending again have be ineffective of rearrests. Instead, sentences that aim to address the underlying causes of crime, such as poverty, poor education, mental illness or drug abuse, are known to be more effective at preventing offending.
Depending on crime that defendant committed, there are plenty of different programs that the offender can be ordered to do, or complete it on their own time. Benefits of these program could help manage time, improve the inmates life so they won’t reoffend and commit new crimes, improve their likelihood of early parole if they complete certain programs before released date and are on good behavior, reduce their boredom, maintain safety and security of the prison, keep the prison functional and operating, and they could offer incentives for good inmate behavior.
Finally, literature on the juvenile justice system often focuses on program implementation and effectiveness at addressing rehabilitation, as well as diversion techniques within the system (Greenwood, 2008). This review audits these problems in detail and establishes them within the bigger struggle in the juvenile justice system to rehabilitate youth offenders.