The need for Pretrial Diversion programs
How the criminal justice system deals with people that have been accused of a crime and have not been to court yet is an intricate part of the criminal justice system. The accused has a presumption of innocence, and the criminal justice system has a responsibility to keep the community safe. If the person charged did the crime in question, then they could be a danger to society until their court date. However, if the person accused of the crime did not commit the crime, then they must be treated as such. However, there is no way to affirm if the person is the actual culprit until the conclusion of the trial. Until this time, the defendant is presumed innocent.
The defendant’s right to the presumption of innocents is the main reason for finding adequate alternatives to pretrial detention. No person should be detained in jail until their court date if they are innocent of the crime. The dilemma of pretrial detention is a significant part of pretrial justice. Sir William Blackstone is famously quoted as saying, “It is better that ten guilty persons escape than that one innocent suffer.” This inspirational statement should be at the core of the pretrial justice system.
The balance between community safety and the presumption of innocents is a difficult task to achieve continually. For this reason, adequate pretrial diversion programs must be integrated into our current criminal justice system. There are currently a large number of people that are incarcerated awaiting trial merely because they can not afford bail. If a person who can not afford bail is jailed until their court date and then found innocent after a hearing, that person can not regain the time that was lost while incarcerated. Depending on the amount of time the person was imprisoned awaiting trial, that person may have lost their job, if they had one. It is also possible that the person could lose their current living situation due to the incarceration. If the person is found innocent at trial, currently the criminal justice system merely says sorry and moves forward, even though this person's life has officially been ruined due to this mistake. To top off the injustices done if an innocent person is accused of a crime, the arrest will stay on that person's record even after they are found innocent of the crime in which they are accused.
The need for adequate pretrial diversion programs is apparently an issue that must be addressed. Pretrial diversion programs also reduce the number of people incarcerated, therefore reducing the amount of money that city, state, or federal governments must pay to keep these people locked up. Reducing the amount of money spent on pretrial incarceration will leave money to be spent on other projects and areas that need immediate attention.
As you can see, it is in everyone's best interest for cities, states, the federal government, and private industries to spend more time and effort on creating adequate pretrial diversion programs. Proper pretrial diversions programs are a win-win for everyone involved.