Diversion, Deferred Prosecution, and Deferred Sentencing

Diversion as an Alternative to Prosecution

People are being prosecuted because of misdemeanors they have committed. Our jails cannot confine all of them if they are incarcerated. Apart from lack of capacity, the stigma associated with prosecution is immense. Alternative prosecution ensures offenders are given another chance. This, in turn, enables them to rewrite their wrongs and continue being of service to the community. Offenders avoid a criminal record that could deny them opportunities and may trigger a change of behavior for good. This paper will discuss diversion, deferred prosecution, and deferred sentencing as alternatives to prosecution.

Diversion Prosecution

Diversion prosecution involves penalizing offenders instead of taking them through the court process. The prosecutor determines the best form of punishment the offender deserves. Diversion is considered for first time offender, upon the admission of guilt, agreeing to set conditions and when the misdemeanor is less serious. The prosecutor ensures lawbreakers are warned of consequences if they repeat the offenses and oversee restitution to those offended. After completion of the punishment, charges are dropped, and the offender will have no criminal record. Failure to follow diversion requirement may lead to further charges and incarceration.

Diversion enables offenders to have a normal life while at the same paying for their crimes. Their dignity is guaranteed, and it also reduces the chances of recidivism. Traditional prosecution resulted in overcrowding in prisons, and often ex-convicts were rejected by the community. This raised the probability of reoffending. Diversion eliminates the problems traditional prosecution method posed. Prosecutors base their diversion decision on law and practicability of the set conditions (Wright, 2017). This means decisions to deny or grant an offender a chance to join the program may be biased. I believe diversion gives opportunities to many in the society to change rather than be condemned forever.

Deferred Prosecution

Deferred prosecution occurs when court proceedings are halted for a certain period until the offender fulfills set conditions. After that period, the charges are dismissed if conditions were satisfied and if not, prosecution begins. Offenders are not required to plead if they are guilty or not. For example, a person who commits a crime under the influence of drugs may be required to join a rehabilitation center for a given period. Their charges are dropped after they have completed the program and proved they have rehabilitated.

Deferred prosecution provides rehabilitative outcomes for the offender and shields them from prosecution (Benyamin, 2017). Compared to other forms of prosecution, this offers a solution to the problem and changes the offender for good. Those opposed to this form of prosecution accuse it of being too lenient. I believe deferred prosecution results are quantifiable and it should be applied in more cases.

Deferred Sentencing

Deferred sentencing happens when an offender is put under probation after pleading guilty and is given certain conditions by the judge. After completion of the probation period and meeting all costs, the charges are dismissed (Wright, 2017). A judge may sentence an offender for three years but requires them to serve probation of one year. If they successfully serve the probation, the charges will be dismissed, and they will be free. Compared to other prosecutions this method forces the offender to meet the conditions set since they know the consequences of defaulting. Deferred sentencing, therefore, should be encouraged.

Benefits of Alternative Prosecution

The purpose of all the alternatives to prosecution is to give offenders a chance to reform. They are done in a humane way and do not significantly interfere with their life. The minimal disruption ensures the country’s economy stays intact. The government also saves a lot of revenue that could be used in jails if all offenders are imprisoned. Thus, an alternative to prosecution is the only solution to incarceration.

References

Benyamin, Barr. (2017). Get your Hands off my DPA: The Proper Scope of the Judicial Supervisory Power in Deferred Prosecution Agreements.

 Wright, Ronald. (2017). Reinventing American Prosecution Systems: Crime and Justice. The University of Chicago Press Journal. Vol.46. p.410.