Judicial Process

Judicial Process

JudicialProcess

CourseInstructor

Diversion

Diversionis the application of alternative methods instead of subjectingoffenders to the overburdened judicial system. It involves deferringprosecution for some period before the fate of the case is decided.Talking of diversion in the judicial proceeding would implyprosecutors taking a legal option where the defendant is notprosecuted until when they have met some certain predeterminedconditions. A defendant is allowed to enter a diversion programnecessary to enable them meet the required conditions. As a result,there is a complete dismissal of the case when the conditions sethave been met by the defendant. However, not all crimes qualifyoffenders to an option of a diversions program. First-time offendersand or offenders who have committed a small crime including domesticviolence or drug crimes qualify for a diversion. Two types ofdiversion program exists namely pretrial diversion and deferredadjudication.

Ina pretrial diversion, the offender is not necessarily required toplead guilty to an offense and by extension means no contest. Some ofthe programs under this option include probation, community service,and counseling. Deferred adjudication is the second type of diversionand demands that an offender plead guilty to a crime otherwise theoffender can be called to stay of adjudication. This type is similarto propagation only that the court restricts its power in giving ajudgment of guilt. The two types of diversion are similar in that acourt states conditions that have to be met in the case in questionis dismissed. The conditions have to be met under some deferredadjudication program stipulated. Further, four different forms ofpretrial diversion exist. They are the deferred prosecution,accelerated pretrial rehabilitation, pretrial intervention and lastlyaccelerated rehabilitative disposition (Sprenger,2014).

DeferredProsecution

Adeferred prosecution refers to an informal agreement between thelegal representation of the defendant, the defendant, and theprosecution to dismiss the case from following the basic adjudicationprocess on condition that the defendant meets some requirements.Instead of adjudication, the prosecutors agree to grant amnesty tothe offender and in exchange the defendant agrees to meet certainrequirements stipulated by the terms of the deferred prosecutionagreement. For instance, in a case pertaining corporate fraud, thedeferred prosecution agreement may require the offender to implementcorporate reforms, pay fines if necessary and to cooperate fully withthe undergoing investigation. In exchange, the office of theprosecutor promises to drop or amend charges. Deferring prosecutionprovides an opportunity for the offender to rectify the crimecommitted before it follows the duly prosecution stages. Deferredprosecution agreement is also called first-time offender agreementbecause it mostly covers first-time offenders and provide anopportunity to make their records clean. Under the deferredprosecution agreement, the defendant is obligated to plead theirguilt in a crime and promise not to break the law. Failure to meetthese conditions may force the prosecutor to reintroduce the case inthe court.

DeferredSentencing

Ina criminal case, an offender may plead guilty but the court mayrequire that person to meet some condition less subject to judgment.This is what is referred to as deferred sentencing. Deferredsentencing refers to an incident in which the court grants thedefendant an opportunity to perform some probationary activities fora specific time before sentencing. On completion of the probationperiod, the court reviews the conduct of the defendant during theperiod and makes a decision on whether or not to sentence theoffender. In case the offender failed in their conduct to follow thestipulation of the probation agreement, the defendant may serve thejudgment when the court enters a conviction and pronounce thesentence. However, the case is dismissed if all the condition of theprobation agreement were followed satisfactorily. The criminal recordunder this circumstance may be erased depending on the criminalrecord of the offender and also the jurisdiction of the court(Worrall,2006).

Opinionon the Three Alternatives

Adiversion from the conventional judicial proceeding is beneficial insolving and finding a permanent solution to a problem. This isbecause an offender willingly agrees to perform some conditionsfollowing a mutual agreement between the defendant and the office ofthe prosecutor. It also provides a chance to first-time offenders tomaintain a clean criminal record by solving the issues outside thecourt. Cases decided in court may seem harsh because the law is theprimary variable under which a decision is made. A judge cannotdivert from this route. However, diversion provides a chance toinclude other moral and legal positions in deciding the fate of thecase. A deferred prosecution is a form of diversion, and all it seeksis to provide the offender a chance to mend his ways instead offacing the full wrath of the law. Deferred sentencing, on the otherhand, is an option that seeks to provide an alternative means to payfor the crime instead of facing the conventional sentencing. Theprogram is important because it evaluate the ability and willingnessof the offender to follow the law. Following condition set by adeferred sentencing agreement lead to dismissal of the sentence,otherwise, the offender is sentenced.

References

Sprenger,P (2014). Deferredprosecution agreements.

Worrall,J. (2006). Crimecontrol in America.Boston: Pearson/Allyn &amp Bacon.