Juvenile Justice: Deflection vs Diversion
Well hello, Sunday Morning Coffee-ites! What a gorgeous fall morning. I hope the temps are pleasantly cool where you might be drinking your beginning-of-the-week (or middle or end, depending on when you’re reading this) beverage of choice. It certainly is here in the mid-Atlantic. My week was full of cool stuff, how ‘bout yours? Two big projects I’m working on for two different clients both involve juvenile justice, so today’s post is about some thoughts I’ve been kicking around about deflection and diversionary programs for youth.
I’ve organized those thoughts by key differences between deflection and diversionary programs in the context of juvenile justice, though both are aimed at reducing formal justice system involvement and preventing future behaviors that might bring a young person into contact with the system:
Deflection Programs:
Purpose: Deflection programs aim to redirect juveniles away from the justice system entirely before formal charges are even considered. They often intervene early, typically at the point of police contact, by referring juveniles to services or supports without any formal processing in the court system.
When It Occurs: Deflection occurs before formal justice system involvement or court proceedings are initiated. For example, law enforcement or other officials may identify at-risk youth and connect them with community-based services, mental health or substance abuse counseling, educational support, or mentorship programs instead of making an arrest or filing a charge.
Focus: Deflection focuses on preventing the entry of youth into the justice system, often through partnerships between police and community organizations, social services, and schools. The goal is to prevent deeper entanglement with the legal system by addressing underlying issues like trauma, poverty, or family instability.
Example: A police officer encountering a youth involved in a minor offense (e.g., shoplifting) might refer them to a local counseling program or community service initiative instead of arresting them.
Diversionary Programs:
Purpose: Diversionary programs aim to redirect juveniles who have already entered the justice system but seek to resolve their cases outside of traditional court proceedings. Diversion allows youth to avoid formal adjudication or reduce the likelihood of having a permanent criminal record by participating in rehabilitative or restorative justice programs.
When It Occurs: Diversion occurs after an arrest or formal charge has been made, but before adjudication (conviction) in juvenile court. Youth may be offered an opportunity to complete a program—such as community service, counseling, or restorative justice practices—as an alternative to formal processing, detention, or probation.
Focus: Diversion programs focus on keeping youth from further court involvement or punitive consequences, offering them a chance to repair harm, engage in constructive behavior, and avoid a juvenile record if they successfully complete the program.
Example: A youth charged with a minor offense, such as vandalism, might be offered the opportunity to complete community service and attend conflict resolution classes as a way to have their charges dropped.
Key Differences:
| Aspect | Deflection | Diversion |
|---|---|---|
| Timing | Pre-charge, before formal system entry | Post-charge, after entering the system |
| Goal | Prevent justice system involvement | Avoid formal adjudication or reduce system involvement |
| Mechanism | Redirect to community services or supports | Alternative resolution to court processing (e.g., counseling, community service) |
| Typical Actors | Law enforcement, schools, community organizations | Juvenile courts, probation officers, prosecutors |
| Outcome | No arrest or formal charge | Charges may be dismissed upon successful program completion |
Keeping young people out of the criminal justice system through deflection and diversionary programs offers significant benefits to both the individual and society at large. Early involvement with the justice system can have lasting negative effects on a young person’s future, including barriers to education, employment, and housing. Deflection programs, because they intervene before a formal charge is filed, can be particularly effective by addressing the root causes of problematic behavior, such as trauma, mental health issues, or family instability. By steering young people toward community services or social support instead of formal legal action, these programs reduce the likelihood of repeated offenses. Youth who avoid formal criminal records through deflection are better able to access opportunities that lead to positive life outcomes, which benefits both the individual and the broader community through reduced recidivism rates and lower crime levels.
Diversionary programs also play a vital role by providing alternative resolutions to formal court proceedings after a charge has been filed. When young people are given the opportunity to participate in rehabilitative or restorative justice initiatives, they are more likely to develop accountability and personal responsibility while avoiding the punitive measures of the criminal justice system. This not only helps the youth avoid the stigma and limitations of having a criminal record, but it also enables them to maintain their connection to their families, schools, and communities. By prioritizing rehabilitation over punishment, diversionary programs foster environments in which young people can grow, learn from their mistakes, and reintegrate into society as productive members. Ultimately, these interventions reduce the social and economic costs associated with youth incarceration and long-term system involvement, paving the way for healthier, safer communities.
In summary, both deflection and diversionary programs aim to address the root causes of delinquency (e.g., trauma, mental health, substance abuse) and emphasize rehabilitation over punishment. The primary distinction lies in when and how they intervene in the juvenile justice process.
Across the country, we read about an increase in crimes committed by youth and emerging adults (I would caution here to fact-check those reports, though. While anecdotally we hear about this rise in crime, statistics don’t always bear it out. Remember the Super Predator craze in the 90’s…this type of rhetoric is more often about political agendas than truth). What I know to be true, both from research and my own vast experience of working with justice-involved and impacted youth across the country and across four decades, is that locking kids up never gets the results that people think it will get. Deflection and diversionary programs should be a societal investment.
Tallyho, my fellow life warriors. I hope you’re fighting the good fight for yourself and others this week and taking care of you along the way.
