Diversion
Diversion is a critical concept within the juvenile justice system aimed at redirecting youthful offenders away from formal court processing. This approach seeks to minimize the negative impacts associated with arrests and court referrals, which may not serve the best interests of young individuals or their communities. By utilizing diversion strategies, such as counseling or warnings from authorities, youths can avoid the stigma and potential long-term consequences of being labeled as delinquents. The practice has historical roots dating back to colonial times and is widely implemented across the United States today.
Two primary forms of diversion exist: true diversion, where youths are released without formal charges, and referrals to community diversion programs designed to support rehabilitation. The underlying principle is informed by labeling theory, which suggests that repeated interactions with the justice system may exacerbate delinquent behavior by shaping self-perceptions. Typically, diversion is employed for less serious offenses, with decisions guided by policies established by police and juvenile courts. This approach not only alleviates the burden on court systems but also promotes healthier outcomes for young individuals and their communities.
On this Page
Subject Terms
Diversion
SIGNIFICANCE: Commonly employed in the juvenile justice system, diversion helps youthful offenders avoid formal court processing and reduces court caseloads; it can also be an effective response to some delinquent behaviors.
Diversion is based on the reality that formal responses to youths such as arrest and referral to court are not always in the best interests of young offenders or the communities in which they live. Consequently, efforts designed to spare youths from the potentially negative consequences of formal court processing have existed since colonial times. Efforts designed to divert some youths from formal juvenile court processing are now common throughout the United States.
Diversion consists of true diversion (radical nonintervention) or referral to a diversion program. True diversion occurs when police officers or other authorities decide to warn, counsel, or release juvenile offenders to parents or guardians without making arrests or formal court referrals. Referrals to diversion programs occur when youths, and perhaps their families, are referred to community programs in lieu of making court referrals or taking formal court actions.
Diversion is based on labeling theory, which maintains that the repeated processing of youths by juvenile justice agencies may lead to additional deviance by those labeled as delinquents. This typically happens when youths began to see themselves as deviants or delinquents, and the opportunities of youths to engage in law-abiding behaviors are limited because they have been labeled as delinquents. Diversion is typically reserved for behaviors that do not seriously threaten public safety, and diversion decisions are typically limited by police department and juvenile court policies.
Bibliography
Beck, Margery A. "A New Nebraska Law Makes Court Diversion Program Available to Veterans. Other States Could Follow." Associated Press, 6 June 2024, apnews.com/article/veterans-prison-diversion-nebraska-law-2266725e77b6e132201c23c075f0121c. Accessed 25 June 2024. Champion, Dean John. The Juvenile Justice System: Delinquency, Processing, and the Law. 4th ed. Upper Saddle River, N.J.: Prentice-Hall, 2003.
Devendorf, John. "Diversion Programs." LawInfo, 8 Feb. 2024, www.lawinfo.com/resources/criminal-defense/sentencing/what-is-diversion.html. Accessed 25 June 2024.
Elrod, Preston, and R. Scott Ryder. Juvenile Justice: A Social Historical and Legal Perspective. Gaithersburg, Md.: Aspen, 1999.
Lundman, Richard J. Prevention and Control of Juvenile Delinquency. 3d ed. New York: Oxford University Press, 2001.