Victims’ Rights in the Diversion Landscape

22 Pages Posted: 20 May 2021 Last revised: 17 Dec 2021

See all articles by Kay Levine

Kay Levine

Emory University School of Law

Date Written: February 1, 2021

Abstract

In this piece 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 context 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.

Keywords: Victims’ Rights, Restitution, Retribution, Diversion Process, Marsy’s Laws, Prosecution, Behavioral Expectations

Suggested Citation

Levine, Kay, Victims’ Rights in the Diversion Landscape (February 1, 2021). Emory Legal Studies Research Paper No. 21-15, Available at SSRN: https://ssrn.com/abstract=3848010 or http://dx.doi.org/10.2139/ssrn.3848010

Kay Levine (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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