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CRIM 309

CRIM 309. Intake and Diversion. Intake. Intake=Process of screening cases referred to the juvenile justice system Determines which cases will be formally processed v. those handled without formal court processing

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CRIM 309

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  1. CRIM 309 Intake and Diversion

  2. Intake • Intake=Process of screening cases referred to the juvenile justice system • Determines which cases will be formally processed v. those handled without formal court processing • Offenses range in seriousness; court resources are reserved for more serious cases • Avoids stigma • More efficient use of resources • More effective in the long run

  3. Accomplishing Intake • Intake officers review the case and make a determination of how to process • Who act as intake officers? Depends on the state and how the system is structured. Typically, this involves one of the following: • Probation officer acting as an intake officer makes the final decision on how to process • Prosecutor acting as an intake officer makes the final decision on how to process • Probation officer makes an initial decision that is referred to the prosecutor for a final decision • Probation officer handles less serious charges and the prosecutor handles more serious charges

  4. Court Rulings on Intake • Little guidance at the Supreme Court level • Does not require representation • Information collected prior to the adjudication can be tricky—can it be used later in the adjudication proceedings? • Use of Miranda would enable the use of the information • No clarity in how the information will be used before it is collected will cause problems • Some states prohibit the use of intake information in the adjudication proceeding

  5. Result of Intake • Intake officers determine whether the case will be dismissed, handled formally (delinquency petition), diverted, or waived to the adult court • Just over ½ will be petitioned to juvenile court for an adjudication hearing • A very small percent will be waived to adult court • The remaining amount will be dismissed or diverted from formal processing

  6. The Intake Process • Intake is essentially a point in the process to assess public safety with regard to specific offenders • Includes assessment of a variety of risk related characteristics • May include a screening tool to determine what should be done with the youth • Typically, this process is connected to referrals to other programming that may be needed by the youth and family

  7. Diversion • Informal handling of the charges; youth must admit to the charges • The case is “adjusted” • Youth must attend and successfully complete a program related to their offending • Typically, the youth must complete the program within a specific period of time • If youth successfully completes the program, the prosecutor does not charge the youth • If youth is not successful in completing the program, the prosecutor will formally adjudicate the youth in court for the charges

  8. Diversion, Continued • Acceptance of diversion is voluntary • If decline, the case is typically petitioned to court for adjudication • There is no constitutional right to diversion programming • Diversion programming can be viewed as a prior record • Diversion can be informal or formal

  9. Examples of Diversion • Teen Court • Alcohol and Drug Education Program • Scared Straight • Pre-adjudication drug courts • Victim mediation

  10. Concerns • When one takes diversion as an option, there are no due process protections • Diversion program raises concerns over net widening (bringing more kids under the system simply because programming is available)

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