Paper Example: The Diversion Decision

Conspicuously, in the context of criminal law, the term diversion is imperative and has a precise meaning. The term means changing the direction of a particular defendant out of the typical criminal justice system. Consequently, this permits those specific individuals to have the aptitude of completing a diversion platform instead of facing incarceration or serving another marginal sentence. In essence, the diversion element prompts the majority of the criminal charges to be typically dropped in the event a defendant efficaciously finishes that particular diversion program. Besides, the defendant can also avert to the aspect of stigma brought about by criminal conviction. It is imperative to articulate that most diversion programs are frequently obtainable to defendants charged only with delinquencies and passive felonies that may involve either drugs or alcohol. Apparently, in some of the jurisdictions, this concept is also obtainable to perpetrators charged with other offenses such as domestic violence, or even traffic-related offenses. Remarkably, the diversion initiatives happen to be principally administered by state laws that vary per various states.

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Regarding this particular scenario, it is apparent that Smith’s case ought to be diverted. In essence, this is based on the following rationales that I deem to be reasonably imperative for consideration by the court:

Smith is an industrious character who happens to be devoid of any particular criminal record. Besides the aspect of criminal record, Smith happens to have been employed in one of the construction sites as a laborer. In regards to the construction company, Smith is recognized to possess an appropriate work record with that particular company.

Secondly, Smith consents to the fact that he utilizes alcohol. Moreover, he goes ahead to agree that he used ecstasy the night prior to his arrest. Notably, this is to illustrate that even though Smith is guilty, he also wishes to get appropriate guidance and help on how to curb the utilization of these particular drugs.

Thirdly, bearing the fact that Smith has a child with whom he offers child-support payments, it would be reasonably detrimental for the court to convict him. The reason for this is that this would prompt the cease of the child-support payments. Therefore, the court needs to divert its decision for the benefit of the kid.

Having demarcated that, the individual should be given a chance to avoid conviction. Taking the above articulation that Smith is devoid of earlier criminal deeds, the court must grant him another opportunity to restore his good reputation. Besides, in the event he avoids incarceration and gets involved in diversion programs, Smith will be able to transform accordingly. In the real sense, Smith is more likely to stop the utilization of drugs.

In conclusion, research has adequately depicted that the primary rationale for the element of diversion is rehabilitation. Conferring to this, it is vital that court systems sufficiently embrace this initiative. Besides, the concept of diversion is typically considered to be less expensive for the offender and also for the courts in executing criminal justice. The offender, remains in society, whereby they have the aptitude to retain their occupations. Regarding the courts' dimension, diversion is less costly in multiple instances compared to the events of prosecution and incarceration.