I'm supposed to describe, compare, and provide exaplmes for the 4 forms of diversion, deferred prosecution and deffered sentancing. I have no clue where to start my text book does't really do a good job of explaining!! Can someone please help me get started!!
http://www.en.wikipedia.org/wiki/Deferred_sentence
http://www.definitions.uslegal.com › D
http:www.experiencedcriminallawyers.com/articles/deferred-prosecution..
http://www.nolo.com › … › Sentencing
Of course, I can help you get started with describing, comparing, and providing examples for the four forms of diversion, deferred prosecution, and deferred sentencing. Let's break it down step by step:
1. Diversion:
Diversion refers to a range of programs or interventions designed to divert individuals away from the traditional criminal justice system. Instead of being prosecuted or sentenced, eligible individuals are provided with alternative options for addressing their behavior or underlying issues. These options can include counseling, treatment programs, community service, or educational courses.
Example: A person charged with a first-time drug offense may be offered a diversion program where they attend substance abuse counseling and regularly report their progress to the court. If the individual successfully completes the program, their charges may be dismissed, avoiding a criminal conviction.
2. Deferred Prosecution:
Deferred prosecution is a legal agreement between the defendant and the prosecution, wherein the defendant agrees to meet specific conditions set by the court for a specified period. If the defendant fulfills the conditions within the given timeframe, the prosecution agrees to dismiss the charges against them.
Comparing Diversion and Deferred Prosecution:
Both diversion and deferred prosecution involve alternative measures instead of traditional prosecution. However, diversion programs usually focus on rehabilitation and addressing underlying issues, while deferred prosecution primarily aims at monitoring compliance with specific conditions.
Example: A person charged with a non-violent theft offense may enter into a deferred prosecution agreement. They might be required to complete a theft prevention course, pay restitution, and refrain from further criminal activity for a certain period. If they comply with the agreement's terms, the charges will be dropped.
3. Deferred Sentencing:
Deferred sentencing occurs when a defendant pleads guilty or is found guilty, but the judge delays imposing a sentence. Instead, the defendant is placed on probation or given a specific period to fulfill requirements set by the court, such as community service, restitution, or treatment programs. If the defendant successfully completes the requirements, they may avoid or receive a reduced sentence.
Comparing Deferred Prosecution and Deferred Sentencing:
Deferred prosecution involves dismissing the charges upon fulfillment of specific conditions, whereas deferred sentencing involves delaying the sentencing itself while the defendant completes the requirements.
Example: A person convicted of a drug offense might receive a deferred sentence. They may be required to complete mandatory drug testing, attend a rehabilitation program, and demonstrate good behavior for a set period. If they fulfill these obligations, the judge may modify the sentence or set it aside completely.
By using these explanations and examples as a starting point, you can further elaborate on each form of diversion, deferred prosecution, and deferred sentencing based on your textbook and additional research.