CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, May 20, 2022

Levine on Diversion and Victims' Rights

Kay Levine (Emory University School of Law) has posted Victims' Rights in the Diversion Landscape (SMU Law Review, Vol. 74, No. 3, 2021) on SSRN. Here is the abstract:
In this Article, 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 contexts 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.

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