Legal and extralegal factors in attorney recommendations of pretrial diversion

This study used the uncertainty avoidance perspective to examine several legal and extralegal factors deemed to be important for prosecutors and defense attorneys in an adult defendant’s initial referral to pretrial diversion. Findings indicated that previous community supervision was ranked highly by both attorney groups and the defendant’s adult criminal record, pending cases, and the police report were ranked higher in importance by prosecutors. The defendant’s mental health, drug history, and community ties were viewed as significant extralegal factors in referral to diversion. The authors also examine perceptions of diversion revocations. Consistent with their role, prosecutors were generally less tolerant of offender failures than defense attorneys, particularly for offenders on diversion for prostitution and drug offenses. Prosecutors and defense attorneys in this study, however, responded similarly to technical violations for use of illegal drugs, failure to report, failure to complete treatment, pay victim restitution in full, or not finishing community service.