중앙일보 홈
이재욱 님 답변
[법률상담]
답변일
2/19/2016 7:21:51 PM
Deversion이란 용어는 없습니다. 정확한 용어는 Diversion 입니다.
질문이 똑바르면 답변이 똑바릅니다. 아래를 참조하십시요. 일종의 대체복역이라고 보시면 됩니다.
A diversion program in the criminal justice system is a form of sentencing[1] and such programs are often run by a police department, court, a district attorney's office, or outside agency designed to enable offenders of criminal law to avoid criminal charges and a criminal record.[2] Problem-solving courts typically include a diversion component as part of their program. The purposes of diversion are generally thought to include relief to the courts, police department and probation office, better outcomes compared to direct involvement of the court system, and an opportunity for the offender to avoid prosecution by completing various requirements for the program.[3] These requirements may include:
Education aimed at preventing future offenses by the offender
Restitution to victims of the offense
Completion of community service hours
Avoiding situations for a specified period in the future that may lead to committing another such offense (such as contact with certain people)[3]
Diversion programs often frame these requirements as an alternative to court or police involvement or, if these institutions are already involved, further prosecution. Successful completion of program requirements often will lead to a dropping or reduction of the charges while failure may bring back or heighten the penalties involved. Charges dismissed because of a diversion program will still lead to additional criminal history points under the US Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise!!! admitted guilt in open court, provided that the deferred disposition was not a juvenile matter
변호사의 상담은 공짜가 아닙니다. 변호사의 고품질 서비스는 항상 유료입니다.
변호사 이재욱
질문이 똑바르면 답변이 똑바릅니다. 아래를 참조하십시요. 일종의 대체복역이라고 보시면 됩니다.
A diversion program in the criminal justice system is a form of sentencing[1] and such programs are often run by a police department, court, a district attorney's office, or outside agency designed to enable offenders of criminal law to avoid criminal charges and a criminal record.[2] Problem-solving courts typically include a diversion component as part of their program. The purposes of diversion are generally thought to include relief to the courts, police department and probation office, better outcomes compared to direct involvement of the court system, and an opportunity for the offender to avoid prosecution by completing various requirements for the program.[3] These requirements may include:
Education aimed at preventing future offenses by the offender
Restitution to victims of the offense
Completion of community service hours
Avoiding situations for a specified period in the future that may lead to committing another such offense (such as contact with certain people)[3]
Diversion programs often frame these requirements as an alternative to court or police involvement or, if these institutions are already involved, further prosecution. Successful completion of program requirements often will lead to a dropping or reduction of the charges while failure may bring back or heighten the penalties involved. Charges dismissed because of a diversion program will still lead to additional criminal history points under the US Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise!!! admitted guilt in open court, provided that the deferred disposition was not a juvenile matter
변호사의 상담은 공짜가 아닙니다. 변호사의 고품질 서비스는 항상 유료입니다.
변호사 이재욱
