Date:
An intervention strategy that redirects youths away from formal processing in the juvenile justice system, while still holding them accountable for their actions. The practice is rated Promising for reducing recidivism rates of juveniles who participated in diversion programming compared with juveniles who were formally processed in the justice system.
Practice Goals
Juvenile diversion is an intervention strategy that redirects youths away from formal processing in the juvenile justice system, while still holding them accountable for their actions. Diversion programs may vary from low-intensity warn-and-release programs to more-intensive treatment or therapeutic programming, all in lieu of formal court processing. Diversion programs are also designed to be less costly than formal court proceedings because they reduce the burden on the court system, reduce the caseload of juvenile probation officers, and free up limited resources and services for high-risk juveniles. The goal of diversion programs is to reduce recidivism or the occurrence of problem behaviors without having to formally process youth in the justice system.
Target Population
Diversion programs may target a variety of young people. Generally, diversion programs attempt to remove low-risk youths, such as status offenders or those convicted for the first time, from traditional system processing. However, some diversion programs may target high-risk juveniles, or youths with specific psychosocial needs (such as mentally ill individuals or those with substance abuse issues).
Practice Theory
Diversion is primarily grounded in two different theories. Labeling theory emphasizes the stigma and negative consequences that youths may experience if they are labeled delinquent at a young age (Becker 1963). Differential association theory argues that youths can learn antisocial attitudes and behaviors by associating with peers who exhibit such behavior (Cressey 1952). Diversion attempts to minimize the effects of labeling associated with offending and limit the opportunities youths have to associate with antisocial peers by reducing their contact and exposure to the juvenile justice system.
Recently, research on the negative impacts of formal system processing and empirical work on the risk/need/responsivity model also provide support for the use of diversion. Research has emerged indicating that the likelihood of reoffending actually increases as youths are further processed into the juvenile justice system, which supports the idea of diverting youths away from the system (Petrosino, Turpin–Petrosino, and Guckenburg 2010). Likewise, the risk/need/responsivity model—which, in part, emphasizes that intensive services should be reserved for high-risk juveniles—also supports the use of diversion so that limited resources can be directed to more appropriate juveniles (Andrews and Bonta 2010).
Practice Components
There are generally two different types of diversion programs: caution/ warning programs and formal programs. Caution or warning programs are the least invasive. In these programs, youths are diverted out of the system with no further action, aside from a warning or formal caution, usually from the police. Alternatively, formal diversion programs usually involve some conditions youths must fulfill, including an admission of guilt and an agreement to participate in a diversion intervention. Successful completion of diversion programming will generally result in no further judicial processing (Wilson and Hoge 2012).
There are many different examples of diversion interventions, such as restorative justice programs (including victim–offender mediation or family group conferencing), community service, treatment or skills-building programs (including cognitive–behavioral therapy or employment training), family treatment, drug courts, and youth courts.
Diversion can occur at several different contact points in the juvenile justice system, but generally youths are diverted pre- or post-charging but before the initiation of formal court procedures. Precharge diversion is generally used with lower-risk youths following their contact with the police. With precharge diversion, youths are diverted from the system with no further processing by law enforcement or court services. Postcharge diversion occurs when youths have been charged with an offense by the police or prosecution. Youths must accept responsibility for their actions and agree to participate in recommended programming. If they do, there is no further judicial processing and successful completion of diversion programming may result in dismissal of charges (Wilson and Hoge 2012).
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Crime & Delinquency | Multiple crime/offense types
Overall, the results from the two meta-analyses were mixed. Schwalbe and colleagues (2012) examined the results from 28 studies of juvenile diversion programs and found there was no significant effect on recidivism (OR=0.83), suggesting diversion was no better than traditional justice processing. Conversely, Wilson and Hoge (2012) looked at the results from 45 studies and found that the average recidivism rate of diverted youth was significantly lower than that of the comparison youth who went through the traditional justice system (OR=0.57), suggesting diversion worked better than formal system processing. This conclusion is consistent with other meta-analyses (Petrosino, Turpin. Petrosino, and Sarah Guckenburg 2010) indicating that simple contact with the juvenile system can increase the likelihood of reoffending. However, it differs from the 2012 meta-analysis by Schwalbe and colleagues that showed overall diversion programs had no significant effects on youth. The inconsistent results between the meta-analysis by Schwalbe and colleagues and the 2012 meta-analysis by Wilson and Hoge could be due, in part, to the difference in the inclusion criteria used for each review, and to the difference in the number of studies and subjects included in the analyses (the meta-analysis by Wilson and Hoge included more programs and had a larger sample size than the meta-analysis by Schwalbe and colleagues). |
These sources were used in the development of the practice profile:
Schwalbe, Craig S., Robin E. Gearing, Michael J. MacKenzie, Kathryne B. Brewer, and Rawan W. Ibrahim. 2012. “A Meta-Analysis of Experimental Studies of Diversion Programs for Juvenile Offenders.” Clinical Psychology Review 32:26–33. View abstract
Wilson, Holly A., and Robert D. Hoge. 2012. “The Effect of Youth Diversion Programs on Recidivism: A Meta-Analytic Review.” Criminal Justice and Behavior (published online Oct. 15, 2013). View abstract
These sources were used in the development of the practice profile:
Andrews, Donald A., and James Bonta. 2010. The Psychology of Criminal Conduct (Fifth Edition). New Providence, N.J.: Anderson.
Becker, Howard Saul. 1963. Outsiders: Studies in the Sociology of Deviance. New York, N.Y.: Free Press.
Cressey, Donald R. 1952. “The Application and Verification of the Differential Association Theory.” Journal of Criminal Law and Criminology 43(1):43–52.
Petrosino, Anthony, Carolyn Turpin–Petrosino, and Sarah Guckenburg. 2010. “Formal System Processing of Juveniles: Effects on Delinquency.” Campbell Systematic Reviews 1.
Following are CrimeSolutions-rated programs that are related to this practice:
Age: 12 - 18
Gender: Male, Female
Race/Ethnicity: White, Black, Other
Targeted Population: First Time Offenders, Serious/Violent Offender, Young Offenders
Setting (Delivery): Other Community Setting, Courts
Practice Type: Diversion, Family Therapy, Restorative Justice, Teen/Youth Court, Wraparound/Case Management
Unit of Analysis: Persons
Jorgenson Hall, 350 Victoria Street
Holly Wilson
Department of Psychology, Ryerson University
Toronto ON
Canada