The Benefits of Pretrial Diversion Programs in Federal Criminal Cases

The Benefits of Pretrial Diversion Programs in Federal Criminal Cases

Pretrial diversion programs provide an alternative to traditional criminal prosecution in federal cases. These programs aim to give eligible defendants a second chance by diverting them out of the criminal justice system. Instead of going to trial and potentially being convicted and sentenced, defendants agree to fulfill certain requirements like treatment, community service, or restitution. If they successfully complete the program, the charges against them may be dismissed. Pretrial diversion can benefit defendants, victims, and the overall criminal justice system in several key ways.

Avoiding Harsh Punishments and Collateral Consequences

One of the biggest advantages of pretrial diversion is allowing defendants to avoid the severe punishments that can come with a criminal conviction. Mandatory minimum sentences, for example, require judges to impose often-lengthy terms of imprisonment for certain crimes, regardless of mitigating factors. Pretrial diversion lets eligible defendants sidestep draconian sentences like these. It also prevents collateral consequences that stem from having a criminal record, like loss of employment, ineligibility for public services, and more. For many first-time or low-level offenders, these collateral consequences end up being more damaging long-term than the actual criminal sentence.

Receiving Rehabilitative Treatment and Services

Pretrial diversion frequently requires defendants to undergo treatment, counseling, or other rehabilitative services as a condition of program completion. This allows defendants to get help for underlying issues like mental illness, substance abuse, or lack of education/job skills that may have contributed to criminal behavior. Successfully completing treatment can put participants on a better path going forward and make them less likely to reoffend. Mandatory treatment is especially beneficial for certain offenses like drug possession or DUIs. It provides a “carrot and stick” approach – defendants are motivated to get sober and change their lives so they can avoid prosecution. The services provided through pretrial diversion may be difficult or impossible to obtain within the prison system.

Making Restitution to Victims

For crimes involving a direct victim, pretrial diversion often requires defendants to pay restitution as a condition of having their charges dropped. This helps victims recoup financial losses from the crime itself or related expenses. While restitution is also possible after criminal conviction, there are no guarantees victims will ever see that money. Pretrial diversion provides a faster and more reliable mechanism for compensation in appropriate cases. When defendants pay restitution upfront, it can bring closure to victims and restore their sense of justice. Fulfilling this obligation also forces defendants to directly confront the real-world consequences of their actions on others.

Conserving Government Resources

Diverting cases out of the criminal justice system through pretrial diversion conserves substantial government resources and taxpayer dollars. Full-blown criminal prosecution requires marshaling time and effort from police, prosecutors, public defenders, judges, and court staff. It necessitates jury selection if the case goes to trial. And if the defendant is convicted and sentenced to incarceration, the costs to jail or imprison them mount further. The RAND Corporation estimates incarceration costs American taxpayers $81 billion per year. Pretrial diversion sidesteps most of these expenditures. And the cost of administering the program itself is relatively minimal, especially compared to the alternative. Conserving criminal justice resources allows governments to redirect funds to other public safety initiatives.

Reducing Case Backlogs and Court Congestion

Courts across America are plagued by overwhelming criminal caseloads and backlogs. The National Center for State Courts reports an average felony case takes over 6 months to resolve after arrest. Pretrial diversion helps alleviate the strain on courts by removing eligible cases from the docket. This allows judges and prosecutors to focus their efforts on the most serious crimes. When pretrial diversion frees up resources, courts can adjudicate cases more efficiently. The government also avoids expending resources to convene grand juries or convene juries for trials. Alleviating court congestion serves the interests of defendants and the public.

Incentivizing Good Behavior and Lawful Choices

For many defendants, successfully completing a pretrial diversion program and having their charges dropped is a powerful motivator to make better life choices going forward. It represents a form of redemption and a new lease on life. The looming threat of prosecution if defendants fail to hold up their end of the bargain incentivizes positive changes like sobriety, steady employment, and avoiding further criminal activity. Defendants essentially get the chance to prove they can be law-abiding citizens if given the right support and oversight. Pretrial diversion’s “carrot and stick” approach keeps participants on the straight and narrow. And it helps prevent reoffending compared to traditional prosecution.

Allowing Proportional Responses to Low-Level Crimes

One criticism of the criminal justice system is that the punishment sometimes far outweighs the crime. Mandatory minimums, three-strikes laws, and sentencing guidelines mean even minor offenses can result in years behind bars. Pretrial diversion allows a more proportional response to low-level crimes. For example, a college student caught shoplifting or in possession of a small amount of drugs may be able to avoid a criminal conviction through diversion. This prevents a youthful indiscretion from ruining their entire future. Prosecutors have discretion over what charges to file and pursue. Pretrial diversion provides a mechanism to exercise discretion and mercy when appropriate.

Freeing Up Jail and Prison Space

Jails and prisons across America are chronically overcrowded. The Bureau of Justice Statistics reports jails in 2019 were operating at an average 81% capacity nationally. Prisons were even more crowded, operating at 103% capacity on average. Most facilities warehouse far more inmates than they were designed to hold. This strains resources and creates dangerous conditions. Pretrial diversion helps slightly reduce jail and prison populations by keeping diversion participants in the community instead of behind bars. Even small reductions in the incarcerated population can ease overcrowding. And it ensures jail and prison space is prioritized for the most dangerous offenders.

Enhancing Public Safety

Although it may seem counterintuitive, research shows pretrial diversion can enhance public safety in certain cases. Defendants who receive treatment, counseling, or other services through diversion may be less likely to reoffend than those leaving prison. And participants incentivized to keep a clean record have a strong motivation to avoid criminal activity. Pretrial diversion also allows prosecutors and courts to focus limited resources on violent, repeat, and high-level offenders. Taking a rehabilitation-focused approach with low-level defendants through diversion potentially makes communities safer overall.

Providing Closure for Victims

Pretrial diversion can provide closure for victims of crimes. Knowing the defendant is receiving treatment or being monitored instead of just serving time in prison can be meaningful for victims. And receiving direct restitution from the defendant helps restore a sense of control. Victims may also find comfort knowing the defendant is working to better themselves and avoid future criminal behavior. While diversion is not appropriate for all cases, it can benefit victims of certain crimes by providing accountability beyond mere punishment.

Reducing Recidivism

Recidivism refers to criminal defendants reoffending after their case concludes. Within 3 years of release, a Bureau of Justice Statistics study found 44% of freed prisoners were rearrested. And over two-thirds were rearrested within 5 years. High recidivism rates show the traditional criminal justice system struggles to rehabilitate offenders. Defendants who complete pretrial diversion programs, however, have recidivism rates up to 26% lower according to a meta-analysis. By investing in rehabilitation upfront through diversion, defendants may be far less likely to reoffend later on.

Conclusion

Pretrial diversion programs represent a progressive approach to criminal justice reform. They provide an alternative to incarceration for eligible defendants and incentivize positive life changes. Diversion can benefit individuals, victims, communities, and the justice system itself. While not appropriate for all offenses and offenders, expanding pretrial diversion opportunities at the federal level offers many advantages. Carefully implemented diversion programs allow the criminal justice system to be more efficient, cost-effective, and humane.

Sources

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National Center for State Courts. “Examining the Work of State Courts: An Analysis of 2008 State Court Caseloads.” (2010). https://www.ncsc.org/__data/assets/pdf_file/0031/23207/srl-29.pdf

Zeng, Zhen. “Jail Inmates in 2019.” Bureau of Justice Statistics (2021). https://bjs.ojp.gov/library/publications/jail-inmates-2019

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Durose, Matthew R., Alexia D. Cooper, and Howard N. Snyder. “Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010.” Bureau of Justice Statistics (2014). https://bjs.ojp.gov/library/publications/2018-update-prisoner-recidivism-9-year-follow-period-2005-2014

Perry, Andre, et al. “The Effectiveness of Pretrial Diversion Programs.” Federal Probation 57, no. 2 (1993). https://www.ojp.gov/pdffiles1/Digitization/148819NCJRS.pdf