A Study on the Process and Effectiveness of Juvenile Diversion

• Main Authors: Jiin-Feng Hsu, 徐錦鋒
• Other Authors: Wen-Yan Hsien、Huang-Fa Teng
• Format: Others
• Language: zh-TW
• Published: 1040
• Online Access: http://ndltd.ncl.edu.tw/handle/22850464598513242437

博士 === 中央警察大學 === 犯罪防治研究所 === 103 === Abstract The author of this thesis tries to understand the diversion goals, system, and diversion process both domestically and internationally. To grasp the idea of diversion process and its effects, the author interviewed seven juveniles who had completed their diversion process for over a year as well as thirteen diversion practitioners. The main findings of this thesis are listed as below: 1. The process of diversion The diversion process could be divided in to the investigation and hand over phase. During the investigation and hand over phase, the judge would ask the probation officers to investigate the juvenile before the actual date of investigation held by the court. The probation officers could suggest the judge to rule diversion in their pre-trial investigation report. Finally, the judge would determine during the conferencing trial process whether to rule diversion. After the diversion decision was made, the court will then had over the juvenile to other institutes. The actual diversion phase starts when social workers engage with juveniles. They would then estimate the juvenile's needs and problems. Later, the social workers would start to intervene. Presently, diversions are processed mainly as case works, with a smaller portion processed as group works. In case works, social workers would utilize skills including interviewing, paying the family visits, phone calls, and visiting the schools. Social workers do not usually utilize group work skills. According to the law, diversion cases could be closed after being carried out for a year, they could either end in a positive way while the juvenile had improved, or end in a passive way when the juvenile moved to another jurisdiction. 2. The effect of diversion The assessment of diversion effect could be divided into the assessment of the diversion process and its effect. The researcher found that, during the diversion process, most people give it positive evaluation, as it could achieve the diversion goal and protect juvenile’s welfare, at the same time operates effectively. As the research results showed on the effects of diversion, diversion could bring its effect into full play, prevent re-offending, make positive life changes for both juveniles, their families, as well as cognitive and behaviors. In conclusion, based on research results, the researcher had come to a few suggestions for legislation and judicial institutes, as well as authorities. Including (1) amend the law, (2) increase vestibule training and on-the-job training, (3) Judicial Yuan cannot ignore issues with lessened diversion cases, (4) authorities should reach out more and know more about judicial social work, (5) strengthen the companion relationship between the court, institutions, and Social Welfare Bureau, (6) prioritize the set-up of assessment mechanism during the diversion process, and (7) create manual for executers. To enhance current diversion process, it is important to consider the above suggestions. Key words：juvenile、diversion, diversion process, diversion effects