A diversion-oriented system for young offenders indicates moving them from the justice system and avoiding the harsh treatment, and instead focusing on interventions such as counseling, community service, and educational programs (Huizinga et al., 2004). The first purpose is to provide a rehabilitative approach, tackling the immediate source of the disruptive behavior while minimizing the juvenile justice system involvement. On the other hand, the punishment-oriented system is mainly aimed at punishment and facilitating accountability with the use of severe punishments like imprisonment or high fines (Huizinga et al., 2004). This philosophy aims to deter repeat offense by a condition that a wrongdoer shall have to impose punishment and focuses upon retribution as against the reformation.
Shifting The U.S. Juvenile Justice System Toward A “Diversion” From A “Punishment” Model
Introducing a diversion-oriented system in the American juvenile justice system may turn out to be beneficial for several reasons. It relates to available scholarly claims on applying punitive approaches as a method that is not genuinely efficient in curbing future delicts (Huizinga et al., 2004). The emphasis on rehabilitation and resolution of concurrent problems, such as family issues and drug abuse in diversion programs get the prospect of ending the vicious cycle of recidivism. There is also a possibility that letting these young adults escape the official court process reduces their involvement with the criminal justice system in future. Diversion programs should, however, be evidence-based and well-resourced (Huizinga et al., 2004). On the other hand, weighing in on the cases of grave offenders and chronic behaviors would be essential to ensure a normal form of punishment remains applicable.
An Example of A Diversion-Oriented Model In A U.S. State or County Juvenile Court System
The Teen Court program belongs to one of the classes of diversion-oriented model examples in the U.S. juvenile justice system. Teen Court operates in state and county roles, all across the nation, serving as an alternative to regular court processing of teen offenders (Hartsell & Novak, 2022). A youth is referred to a court, which has a set of teenagers in place of the jury, advocates, and even judges managed by adult supervisors. The core of Teen Court is the philosophy of restorative justice in which the offender becomes accountable for one`s actions and tries to make them good again. For example, a youth could be given community service, counseling, or an educational program (Hartsell & Novak, 2022). Peers who are the part of deliberation process bring in empathy and justice. The sentences are also transformed to imply that teen court rehabilitates the incidents of criminal acts instead of punishment which can lead to new incidents of delinquency.
The Impact of A Diversion-Oriented Shift In Case Processing and Case Flow Management
A diversion-oriented shift would entail massive upheaval in the way cases are processed and case delay management is accomplished. A positive effect of referring more cases to extra-judicial proceedings is that the cases might be less likely to end up at the juvenile court, hence, a reduction of backlog and faster processing times may be a possibility (Huizinga et al., 2004). This turnover could, as well, unlock the doors to optimizing the case flow management as the court resources could be channeled to take care of more difficult and complicated cases that require advanced intervention. In addition, a shift toward rehabilitation and public solutions may result in less frequent jailing of juvenile offenders and a decrease in the number of repeat cases. Thus, it would help save funds and other resources from being used in jail as compared to society (Huizinga et al., 2004). Although diversion programs are expected to be conducted collaboratively by law-enforcement agencies, service providers and the community, a major challenge will be to devise measures that will enable all parties to exercise discipline, rehabilitate, and ensure offenders are not a menace to the rest of the community.
References
Hartsell, E. N., & Novak, A. (2022). A Comparison of Re-arrest Outcomes Between Youth in Juvenile Drug Court, Teen Court, Probation, and Dismissed Cases. Crime & Delinquency, 68(10), 1819-1846.
Huizinga, D., Schumann, K., Ehret, B., & Elliott, A. (2004). The Effect of Juvenile Justice System Processing on Subsequent Delinquent and Criminal Behavior: A Cross-National Study. https://www.google.com/url?client=internal-element-cse&cx=015849196504226064512:uyit-fm6gna&q=https://www.ojp.gov/pdffiles1/nij/grants/205001.pdf&sa=U&ved=2ahUKEwjN4aX1z6qEAxXaVqQEHed4BZIQFnoECAIQAQ&usg=AOvVaw2AE4fDNqlYII-59abFLgah
write