Author ORCID Identifier

0000-0002-9422-232X

Document Type

Article

Publication Date

2021

Keywords

Diversion, Restitution, Victims' Rights Movement, Criminal legal system, Selection bias, Public prosecutors, Victim input

Abstract

In this Article, I explore the practical and theoretical conflicts that might surface when the diversion movement and the Victims’ Rights Movement intersect. I focus on two possible sites of tension: victim input into the diversion offer and the victim’s right to receive restitution as a term of diversion. Protocols to give victims greater voice in the justice process have been a mainstay of the burgeoning Victims’ Rights Movement for the past several decades, but I argue that those protocols must be understood within (and thus limited by) the contexts of fiscal responsibility, compassion for the offender, and proportionality in the justice system that lie at the heart of diversion schemes. Any other arrangement risks elevating retribution over rehabilitation and inserts a level of arbitrariness into the diversion process that would subvert our commitment to fairness and transparency.

First Page

501

Publication Title

SMU Law Review

Download

Share

COinS