PRETRIAL DIVERSION SCREENING

Abstract

The impact of implementing a prosecutorially-based diversion program is examined with respect to the unintended and unanticipaled results occurring from the decision-making process inherent in the client selection process. Sentencing records are examined on a population of both misdemeanor and felony cases, and the results analyzed according to whether the defendant voluntarily rejected participation, contrasted with the defendant who was "officially " denied diversion status. The results suggest that those defendants who are officially rejected from diversion participation are treated more seriously and more harshly by the criminal justice system. The results are explained in terms of an information theory approach, suggesting that the diversion mechanism may contribute to deviance amplification.