Diversion and Probation Diversion programs are available to certain defendants who are classified as unable to comprehend the punitive system. This can be the mentally ill, or someone who would benefit from treatment other than imprisonment. According to Schmalleger and Ortiz Smykla (2015), Diversion is a program created where the accused chooses to participate by undergoing treatment, such as drug or alcohol, mental health services, employment counseling, and education and training. This is generally offered to a first time offender, who has access to counsel before deciding whether to participate. The Diversion program is much different than probation, whereas, it is decided before the trial instead of as part of the sentencing process.
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By keeping these rehabilitated individuals out of the prisons, have created more space for the more serious offenders. The Probation program main focus is on Recidivism. It is a continual effort to provide strategies and treatment to achieve this goal. Studies have been conducted on Probation, and it is proven that recidivism rates vary depending on the place, seriousness of the crime, population, length of probation, and amount and quality of intervention, surveillance and enforcement (Schmalleger, Ortiz Smykla 2015, p.105).
Pros and Cons of both Programs
There are pros and cons to Diversion and Probation. Diversion needs to be well thought out by the offender before choosing this program. By agreeing to the program, they are committing time and themselves to treatment and programming and halting a trial. This program does not allow the offender to have a fair hearing. However, they do have the opportunity for counsel advisement before accepting the program. Being on Probation, allows the offender to be in the community, however, they must abide by the rules and procedures of the Probation Officer. They must comply with all of these procedures, or the probation is revoked, and the revocation hearing will
By keeping these rehabilitated individuals out of the prisons, have created more space for the more serious offenders. The Probation program main focus is on Recidivism. It is a continual effort to provide strategies and treatment to achieve this goal. Studies have been conducted on Probation, and it is proven that recidivism rates vary depending on the place, seriousness of the crime, population, length of probation, and amount and quality of intervention, surveillance and enforcement (Schmalleger, Ortiz Smykla 2015, p.105).
Pros and Cons of both Programs
There are pros and cons to Diversion and Probation. Diversion needs to be well thought out by the offender before choosing this program. By agreeing to the program, they are committing time and themselves to treatment and programming and halting a trial. This program does not allow the offender to have a fair hearing. However, they do have the opportunity for counsel advisement before accepting the program. Being on Probation, allows the offender to be in the community, however, they must abide by the rules and procedures of the Probation Officer. They must comply with all of these procedures, or the probation is revoked, and the revocation hearing will