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Reseña:
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The first pretrial diversion programs began 40 years ago, and today they exist in hundreds of jurisdictions around the country. In the early days of pretrial diversion there was substantial literature being published on both research findings and program practices. Despite the growth of diversion, these topics have been receiving little or no attention in the literature over the past two or three decades. Yet there is one aspect of pretrial diversion that has drawn continued and very thoughtful written analyses. Throughout the past 40 years, legal issues have surfaced on a regular basis, leading to a significant body of case law addressing all aspects of pretrial diversion. The purpose of this monograph is to pull together those writings in an organized fashion. It summarizes approximately 80 state and federal appellate court rulings handed down over the past four decades in 21 different states plus the federal system. The document follows the diversion process, beginning with the legal issues that have arisen regarding eligibility determination and admission, then moves on to enrollment in the diversion program, the terms that are made part of the diversion agreement, dismissal of charges upon successful completion of diversion, dealing with non-compliance with diversion terms, and the use of diversion information outside of the diversion setting. |
