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Restorative Justice for Diversion

Restorative programmes are sometimes used to divert offenders from being charged (a decision made by the police or prosecutor) or tried (a decision made by the prosecutor or judge). These articles describe ways in which this is done, and discuss issues, benefits and limitations of diversion.

For additional articles on restorative justice and policing and prosecution, please visit the Police Station or the Court House.

Aubuchon, J. "Model for Community Diversion."
The program of the Community Diversion Centre of Victoria, British Columbia, Canada, includes restitution of stolen goods or money, meeting the victim in person, drawing up a reconciliation contract, voluntary community service, and a workshop. There is a continuing effort to involve the community members closest to the offender--the victim, family, teachers, physician--as volunteers in the process of diversion and restoration. The diversion program has been in operation for over two years.
Muntingh, Lukas. "The development of diversion options for young offenders. "
In this paper Muntingh focuses on diversion as a cornerstone for a future juvenile justice system in South Africa. He begins by tracing the emergence of various initiatives focused on juvenile justice issues in South Africa in the 1990s. This leads to clarification of the concept of diversion and engagement with problematic issues connected to diversion. Then Muntingh presents an overview of current diversion services in use in South Africa. He concludes with proposed guidelines for effective and equitable application of diversion throughout South Africa.
Nuffield, Joan. Diversion Programs for Adults
This is a review of evaluated programs to divert adult offenders from further involvement with the criminal justice system. It focuses on "programmatic" diversion efforts and is organized according to the stage in the criminal process at which the diversion initiative occurs. Because of the paucity of evaluations of adult diversion, some findings from the juvenile literature are included. In addition, some ideas from other jurisdictions which may not have been evaluated are reviewed for their possible utility in Canada.
Hyams, Ross and Batagol, Becky and King, Michael S and Freiberg, Arie. Non-Adversarial Justice
This comprehensive book provides a large overview of emerging trends in Australian criminal justice. While the current system operates under adversarial justice, there have been increasing movements away from it. Some alternative forms of non-adversarial justice that have developed are therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic approaches to law, and appropriate or alternative dispute resolution. Each approach is presented in its own chapter, with information about their backgrounds, potential benefits, and potential drawbacks. The authors then compare and contrast procedure under adversarial justice and non-adversarial justice in the context of family law. Then the book shifts away from modes of justice to specific developments in the legal system that reflect growth away from adversarial justice. These include problem-oriented courts, diversion schemes and intervention programs, indigenous sentencing courts, and managerial and administrative justice. Lastly, the authors develop what the application of adversarial justice to coroners, court management (specifically the development of the judicial role), lawyers, and legal educators would look like.

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