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Free «Diversion and Probation» Essay Sample

Probation is a sentence which might be obliged by a court in lieu of confinement. An inmate who might be on probation has been delinquent of an offense; however he/she has only served a portion of his/her sentence in penal colony, or he/she hasn’t started serving his delinquent. In many jurisdictions, probation is normally a delinquency alternative transgression and various misdemeanors (these are generally known as ‘probationable’ offences), but this doesn’t applies for higher-order felonies like forcible rape, murder, capital crimes, etc. (Alston, P. 2007)

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A wrongdoer who has been kept on probation is normally ordered by probation officer to adhere with certain conditions set forth by the court. Also, he/she is obligated to abstain the possession of weapons and might be requested to remain in the jurisdiction, employed, live at a certain place, abide to a clampdown, or comply with the orders of the probation officer. Moreover, the probationer might be requested to cut off contact with the injured parties (like a former affiliate in a domestic violence scandal), together with the potential victims of comparable victims like minors, if perhaps the current crime involves rape, or with indentified criminals, mainly co-defendants. Nonetheless, a person who is on probation might be fitted with an electronic tag; this will assist the official to be able to identify the offender where he/she is, and it’s regular for the offender to be ordered to do drug/alcohol test, or taking part in drug/alcohol treatment, or maybe to perform Community Service work.

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On other hand, a diversion is a program that is run by a court, police department, a district attorney’s office, or an outside agency that have been set to enable the offenders of criminal law to keep away from a criminal record and criminal charges. The main theme of diversion is to reduce heavy duty to the police department, courts, and probation office. This is done to attain better outcomes contrasted to direct engagement of the court system, and a chance for the wrongdoer to evade prosecution by finishing all the requirements of the program. Also, these requirements might include the following:

 
 
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The offender might be provided with education to avoid future offences. This education aimed keeping the offenders busy and changing their behavior. It can also include the compensation period to the victims of the offence, the finishing point of community service hours, and keeping away from any situations which might lead to committing crime in future (like contact with certain people).

From William, B. (2005), these programs of diversion are often framed by the obligations as an option to police or court involvement, or if these organizations have been already involved, additional prosecution. If the offender at diversion will successful complete his/her programs requirements, the charges will definite be reduced or dropped, but if she/he failed, then the penalties might go on or go higher.

Probation and diversion almost serves equal task, however they have some dissimilarities. Both probation and diversion are sentence for minor offences. The difference between probation and diversion is the conditions or requirements, such as; at probation, an offender can’t be given education whereas diversion is being given. A probationer is ordered to serve his/her probation period at a certain place, while an offender at diversion can serve anywhere. On similarity side, they both have many condition which reads from one script. Both offender at diversion and probation have to cut off the contact with victims, avoid committing further crime, can be sentenced to offer free service to the community and avoiding drugs and alcohols. In summary, both offenders at probation and diversion are ordered to remain without committing any mistake during the period that has been set by court (William, 2005).

   

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