Effective Use of Pretrial Diversion in Criminal Cases

This paper reviews the evidence of the declining use of diversion among U.S. Attorneys’ Offices around the country. It makes the case that diversion can be a just and equitable case outcome, particularly in view of evidence that it promotes rehabilitation, avoids the unnecessary and painful consequences of a federal conviction that defendants and their families would otherwise suffer, and lowers recidivism when compared to the population of defendants whose cases end with a felony conviction. Finally, it proposes concrete rules for the consistent administration of diversion throughout the federal courts while allowing for local experimentation, and urges the Department of Justice to more aggressive promote the use of diversion in appropriate cases. This paper was jointly sponsored by the College’s Public Defenders and Federal Criminal Procedures Committees, whose membership consists of present and former prosecutors and defense lawyers.