Police-Led Diversion Programs: Rethinking the Gateway to the Formal Criminal Justice System

Abstract

This chapter is focused on police-led diversion of offenders from the formal criminal justice process. Over the last 50 years, there has been increasing interest in the potential of diversion programmes, initially for young people, more recently for adults as well. Diversion has become associated with the Community Policing movement in policing. It has also been criticised for being a 'soft' option for offenders. The aim of this chapter is to explore the case for and, where appropriate, against police-led diversion, drawing on the best evidence available. The analysis shows how the evaluation evidence has developed and, with systematic review, becomes more persuasive. Starting from a brief overview of the history of police-led diversion, the chapter reviews that evidence base. It explores how the evidence suggests the most effective ways to use diversion. There is an assessment of the challenges of successful implementation, which has received increasing focus in the most recent research. The chapter concludes with a reflection on the importance of diversion in the reform of the criminal justice system.

Catch and release: Testing the effect of a citation release policy on crime in Washington, DC

“…Central to any decarceration effort is when and under what circumstances it is appropriate (Steer, 1970). A range of competing principles is at stake—its effectiveness in reducing re‐offending, victim's rights and confidence, and the wider legitimacy of the criminal justice system itself (Neyroud et al., 2022, p. 602; see Ames et al., 2018; McKillop et al., 2015; Sherman et al., 2016; Slothower, 2014; Wilson et al., 2018). Police‐led diversions raise even more questions, such as how quickly they should be done relative to offending (Dunford et al., 1982), whether there is racial bias in their use (Farrell et al., 2018), whether they are procedurally fair (Westmarland et al., 2017), and whether they are sufficiently restorative (Strang et al., 2013).…”

“…Another strategy that has been used to divert individuals from the criminal justice system is that of police‐led diversion programs. Police‐led diversion programs allow police officers to issue individuals a warning, direct individuals to community resources, or stipulate various other conditions in lieu of arresting them (Engel et al., 2019; Neyroud et al., 2022; Prichard et al., 2010; Wilson et al., 2018). For example, a police‐led diversion program focused on substance use may provide officers with the discretion to send offenders to rehabilitation centers rather than arresting them, holding them in jail, bringing them before a judge, and ultimately (potentially) incarcerating them.…”

“…11Police‐led diversion programs have most commonly been used as a strategy to prevent juveniles, drug users, and persons with mental illness from entering the criminal justice system and provide them with assistance (e.g., see Neyroud et al., 2022; Tallon et al., 2017). …”