Diversion and Probation Issues
Chapter 4 of the textbook has sections on diversion and probation. The “Statement on Probation” in Exhibit 4-3 specifically discusses the rights of all parties. Using your textbook and the required research, answer these questions. Do you feel as though the rights of victims and the rights of society to be protected from harm are considered fairly and equally before a prosecutor and judge agree to diversion or probation for an offender? How about offender rights? Are the rights of the offender and the urgency to move a case through the court process given too much weight?
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Despite the significant number of people who have been incarcerated, the criminal justice system also employs probation or diversion as a form of punishment that will ensure that crime will be deterred which is the primary objective of the system. Probation will not involve any prison term since the defendant will be released back to the community.
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