Criminology

According to George, the process by which formal criminal proceedings are suspended before conviction is referred to as diversion. The halting of these proceedings is conditioned by some form of counter performance by the defendant. This paper aims at outlining the importance of diversion to the criminal justice system and the effects of diversion on the law enforcement agencies. The cost effect of diversion as a very important aspect on the criminal justice system has also been illustrated.

Benefits of Diversion in the Criminal Justice System and Its Impact on the Law Enforcement Agencies
In criminal law perspective, as stated by US Legal, the process by which a defendant is diverted out of the criminal justice system is referred to as diversion. It is accomplished by having the defendant complete a diversion program instead of being imprisoned or serve an alternative sentence. Upon successful completion of a diversion program, the criminal charges on a defendant are dropped. Diversion is very beneficial to the defendant as it eliminates chances of himher being stigmatized after conviction. Usually, diversions are available only to defendants who are charged with nonviolent crimes due to drugs or alcohol. Defendants charged with domestic violence may also be provided with diversion programs in some jurisdictions. Other crimes in which diversions may be provided are child neglect, traffic related offences, and child abuse. The main aim of diversions programs as George asserts is to provide first time offenders with an opportunity to avoid a criminal record. First time offenders are provided with conditions which they are supposed to undertake that are beneficial not only to them, but also to the community. Other goals of diversions are reducing recidivism, preventing conviction, aiding in rehabilitation, utilization of community resources for suitable counseling and also making sure that proper reparations are made to victims.

According to Sainsbury Center for Mental Health (n.d.), during the initial stages of diversion program development, its benefits were illustrated as a chance to divert from criminal justices individuals for whom bigger hurt is caused by the appearance itself. The benefits were also directed to all those who might have been suffering from a certain disability and those for whom intervention might change their lifestyles for better thus reducing the chances of committing an offence in future.

In magistrate courts context, diversions improves the proper use of court resources. They assist in the generation of alternative as well as complementary procedures to the standard criminal process of the court. Diversions through humanizing the law and their concern with the human, psychological as well as emotional side of legal process and the law, balances the inflexible and potentially stiff criminal justice system with the more holistic aspects of therapeutic jurisprudence.

Diversions help the criminal justice system deal with the most critical problems it is faced with imprisonment of nonviolent offenders associated with drug abuse and mental health problems and lack of proper rehabilitation programs which leads to increased recidivism rates. Incarceration of many nonviolent offenders puts the safety of the community in danger and also limits the space for violent criminals who should be imprisoned. Diversions are very important as they help first time offenders learn how to avoid landing on the long arm of the law. It reduces chances of committing a crime in future. This is because the offender is provided with more satisfaction with justice. Diversions also reduce chances of the victims violently revenging against their offenders. It improves the mental health of the offender. The mental health of people who are directed to an effective community based service by diversion is greatly improved. Diversion also minimizes the prevalence of other risk factors such as abuse of substances and improves the effectiveness of interventions aimed at reducing cases of committing an offence.

The other benefit of diversions to the criminal justice system is that it is a cost effective procedure. Diversions reduce the cost of criminal justice. Imprisonment of first time nonviolent offender and mentally ill people increases the population of imprisoned people. This leaves the criminal justice system with only two options either to build more prisons or build more beds. These solutions are however very costly. Diversions therefore reduce the case loads as well as costs on magistrate courts and the criminal justice system by reducing the number of those imprisoned at any given time.

According to Wexler, diversions also help in solving the problem of overburdened juvenile courts as well as overcrowded correction institutions. This enables the criminal justice institutions deal with more serious problems rather than petty issues. Cases of re-arresting offenders are minimized by diversions. This goes a long way in reducing the numbers of petty offenders who are imprisoned. Diversions also have its effects on the law enforcement agencies.  They reduce the already existing burden in the law enforcement agencies. Police officers do not keep on arresting and re-arresting offenders as this is eliminated to a great extent by diversions. Chances of a person who have undergone a diversion program being re-arrested for committing another crime are very rare.

In diversion programs, the processes by which formal criminal proceedings are suspended before conviction are very beneficial not only to an individual, but also to the criminal justice system at large. Police diversions play a very important part in criminal justice as they effectively control occurrence of petty crimes in the future. Youthful offenders are impended from committing more crimes. The law enforcement agencies supervise a defendant to make sure that they complete their personalized contractual agreement.