Example of a diversion-oriented model


Assignment:

Part 1

Write 400 to 600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.

The objective of this assignment is to enable you to demonstrate your understanding of the relationship between justice policy and case processing and management using an example from the juvenile justice system. In 2004, researchers at the University of Colorado and the University of Bremen (Germany) reported on a cross-national study funded by a grant from the U.S. Department of Justice. (This free research report can be accessed here: and downloaded in PDF format). NOTE: if for whatever reason this link does not work, you can also go to https://www.ncjrs.gov/, click on "Juvenile Justice" and in the keyword search within topic box, enter the grant number 205001 to download a PDF version of the report and also view the abstract and the agency summary.

According to this report, there are some key differences between these two jurisdictions in terms of how juveniles are treated, with the system in Bremen being more lenient and "diversion-oriented" and the one in Colorado being more "punitive." In Colorado, offenders can be arrested at a much earlier age than in Bremen and are more often processed via juvenile court and detention, whereas in Bremen, dismissal of cases or diversion from formal court processing occurs in the vast majority of cases. Although the findings must be tempered by the limitations to the research discussed in the report, the authors nevertheless offer conclusions that should be considered by court administrators, including these: (1) arrest and imposition of sanctions are generally ineffective strategies and (2) policymakers should examine whether increasing the levels of severity in juvenile sanctions is an effective approach to reducing subsequent delinquency.

In this Discussion Board assignment, you have several tasks:

First, demonstrate your understanding of what the authors mean by "diversion-oriented system" versus "punitive- or punishment-oriented system."

Second, offer your perspective on whether a shift toward a "diversion" and away from a "punishment" (arrest, court processing, court trial, possible detention) model for dealing with juvenile offenders would be effective in the U.S. juvenile justice system.

Third, find an example of a diversion-oriented model that has been applied by a U.S. state or county juvenile court system, and describe its main features.

Finally, suggest how you think a diversion-oriented shift might impact case processing and case-flow management. APA , References, and in-cite citations

Part 2

The objective of this assignment is to enable you to demonstrate your understanding of the effects of the use of alternative dispute resolution (ADR) to supplement court trial processes, with particular focus on its impact on caseflow management. For at least the last 20 years, most state and local jurisdictions have begun institutionalizing ADR programs and procedures for a variety of case types. In many situations, this has been the result of statutory changes, but with or without legislative action, court rules have been implemented in states across the United States to address how the addition of ADR processes can supplement and sometimes replace court dispute resolution.

Find a jurisdiction where state or county statutes require an ADR process in some or all types of divorce cases prior to proceeding with a divorce case in the courts. Write an essay of 2 to 3 pages that discusses how the addition of ADR processes has affected caseflow management in general, and in divorce cases specifically. (The Steelman, et al. publication for NCSC, Caseflow Management: The Heart of Court Management in the New Millennium, is an excellent resource.)

In your essay, respond to at least the following questions:

Why have so many jurisdictions turned to forms of ADR to supplement the judicial process?

What are the major effects on caseflow management of the decision by jurisdictions to insert ADR requirements into divorce case processing?

What are the short-term and long-term costs and benefits, including dollar costs/benefits and social costs/benefits?

In your essay, be specific regarding the types of ADR processes that are required or recommended in the state of your choosing and how these processes affect caseflow management.

APA , References, and in-cite citations

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