Diversion and Probation in Corrections

Diversion and Probation in Corrections Theory

Probation in Criminal Justice:

The concept of probation is that some of the strains on the criminal courts and the rest of the criminal justice system can be reduced by sentencing certain low-risk criminal defendants to probation in lieu of incarceration (Schmalleger, 2008; Zalman, 2008).

Generally, first-time offenders and perpetrators of certain nonviolent crimes are eligible for a court-imposed supervised probation instead of penal incarceration. The actual process usually consists of regular mandatory reporting of the convict to an assigned

probation officer in conjunction with other requirements such as gainful employment, academic or vocational training, and non-participation in any criminal activity or association with other criminals or ex-convicts (Schmalleger, 2008).

The primary means of enforcing probation is the suspension of probationers'

Fourth Amendment rights against unwarranted searches because that condition is part of the agreement to probation in lieu of incarceration (Zalman, 2008). In that regard, the criminal justice system achieves compliance mainly by the threat of reinstituting the original probated sentence of incarceration where the probationer violates any of the terms of probation.

The intended outcome of probation is encouraging the convict to participate in socially productive activities and to avoid further criminal involvement. Effectiveness is measured primarily in terms of recidivism rates among probationers as compared with recidivism rates among inmates incarcerated for similar crimes (Schmalleger, 2008).

Generally, probation is less effective than diversion because probation usually requires only passive cooperation; diversion promotes more meaningful behavioral changes.

Diversion in Criminal Justice:

Diversion is a similar concept to probation with several fundamental differences that make it more effective (Schmalleger, 2008). Whereas probation merely imposes certain rules about what a convicted criminal may not do and requirements to maintain contact with a probation officer, it does not ordinarily provide the same kind of specific direction as diversion. The diversion concept includes specific requirements for convicts in the program to participate in educational or vocational programs likely to provide lasting results beyond the period of probation. Probation generally requires only that probationers maintain some type of gainful employment or some kind of academic or vocational involvement.

As a result, the less intensive supervision and criteria in the probation program are much less likely to result in long-lasting behavioral changes. In effect, probation is more likely to become little more than a mandatory period of lawful behavior instead of a (usually shorter) period of incarceration; much like many instances of incarceration followed by release, probation followed by release is associated with resumption of criminal activities once the probation is concluded (Schmalleger, 2008).