Diversion from prosecution into psychiatric care. Who control the gates?

This article examines the construction' of potential psychiatric diversion cases in Scotland. In theory, the prosecution service decides which offenders should be diverted from prosecution but, in practice, selection is largely determined by the police. The police report plays the crucial role...

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Bibliographic Details
Main Author: Duff, Peter (Author)
Format: Print Article
Language:English
Published: 1997
In: The British journal of criminology
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Availability in Tübingen:Present in Tübingen.
IFK: In: Z 7
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Keywords:
Einstellung des Verfahrens
Erledigungsstrategien
Folgekonsequenzen
Polizeidiversion
Psychisch kranke Straftäter
Schottland
Staatsanwaltschaft
Description
Summary:This article examines the construction' of potential psychiatric diversion cases in Scotland. In theory, the prosecution service decides which offenders should be diverted from prosecution but, in practice, selection is largely determined by the police. The police report plays the crucial role in starting the diversion process and prosecutors generally respond neutrally to the cues' provided by the police. Consequently, any systematic bias, leading to the atypical nature of diverted offenders, is not caused by prosecutorial decision making but is imported at an earlier stage in the process. Further, the key to expanding diversion from prosecution into psychiatric care is to require the police to provide more information
ISSN:0007-0955