PEN2601 FUNDAMENTAL PENOLOGY
SEMESTER 1 OF 2024
ASSIGNMENT 2
DUE DATE 26 APRIL 2024
QUESTION 1
1.1 Define and discuss the levels where diversion can be applied
It can be applied at three distinct levels:
It can be applied at three distinct levels:
Diversion in the Community: This level occurs before any involvement of law
enforcement or legal proceedings. It involves resolving conflicts or addressing
offenses within the community itself, without the need for police intervention. The
focus is on reconciliation and resolution between the offender and the victim, aiming
to settle matters informally and prevent escalation to formal legal procedures.
Diversion from Arrest (Police): This level involves interventions by law enforcement
agencies, primarily the police, to divert individuals away from being arrested and
processed through the criminal justice system. Instead of arresting individuals for
minor offenses, the police may choose alternative measures such as warnings,
referrals to community programs, or other diversionary actions aimed at addressing
the underlying issues without resorting to formal legal proceedings.
Diversion from a Criminal Trial (Courts): At this level, diversion occurs within the
formal legal system, particularly within the courts. It involves efforts to divert
individuals away from facing a criminal trial. This may include options such as
diversionary programs, counseling, community service, or restorative justice appr
oaches, which aim to address the root causes of criminal behavior and facilitate
rehabilitation without the need for a formal trial and potential conviction.
1.2 Discuss the characteristics of punishment as enforced by both the
Judicial system and the community
Punishment, whether enforced by the judicial system or the community, possesses
several characteristics that shape its effectiveness and impact on offenders:
SEMESTER 1 OF 2024
ASSIGNMENT 2
DUE DATE 26 APRIL 2024
QUESTION 1
1.1 Define and discuss the levels where diversion can be applied
It can be applied at three distinct levels:
It can be applied at three distinct levels:
Diversion in the Community: This level occurs before any involvement of law
enforcement or legal proceedings. It involves resolving conflicts or addressing
offenses within the community itself, without the need for police intervention. The
focus is on reconciliation and resolution between the offender and the victim, aiming
to settle matters informally and prevent escalation to formal legal procedures.
Diversion from Arrest (Police): This level involves interventions by law enforcement
agencies, primarily the police, to divert individuals away from being arrested and
processed through the criminal justice system. Instead of arresting individuals for
minor offenses, the police may choose alternative measures such as warnings,
referrals to community programs, or other diversionary actions aimed at addressing
the underlying issues without resorting to formal legal proceedings.
Diversion from a Criminal Trial (Courts): At this level, diversion occurs within the
formal legal system, particularly within the courts. It involves efforts to divert
individuals away from facing a criminal trial. This may include options such as
diversionary programs, counseling, community service, or restorative justice appr
oaches, which aim to address the root causes of criminal behavior and facilitate
rehabilitation without the need for a formal trial and potential conviction.
1.2 Discuss the characteristics of punishment as enforced by both the
Judicial system and the community
Punishment, whether enforced by the judicial system or the community, possesses
several characteristics that shape its effectiveness and impact on offenders:
