The best result that anyone facing a criminal charge can receive beyond a case dismissal could be a case diversion. This move by the prosecutor sets the case aside for a specific period of time based on certain ongoing factors. While granting a diversion is not necessarily a common action by a Louisiana prosecutor, it can be used as a method of properly handling a criminal case when evidence is weak but still potentially provable. The truth about many criminal cases is that they fall into this category, and the court could potentially operate more effectively by considering more cases for diversion when charges are not necessarily severe.
The central purpose of sentencing an individual following conviction on a criminal charge is potential rehabilitation. How to achieve this goal is the first question. The traditional answer has been jail time, sometimes very substantial based on the nature of the crime. However, the alternate consideration is deferred diversionary judgments with certain stipulations. This is often an initial request from a criminal defense attorney when evidence suggests it is appropriate for proper adjudication, and it has proven to be a very effective policy in many cases.
Another issue with extensive incarceration judgments is expense. The question of how many prisoners the state can manage effectively comes in to concern at some point, and any reduction in population is a welcome one as long as public safety is not impacted. The shift to allowing more defendants into a diversion program is now a more acceptable criminal argument that could possibly yield better results in the long run.
Additionally, possibly the most important aspect of a diversionary program is the understanding of what it means to be a law abiding citizen for the defendant. Criminal behavior will always occur, but it is still not acceptable. There are many stories of individuals who received significant jail sentences early in life and were not able to break the cycle of criminal activity. A diversion program can often be the difference between a continuing life of crime and a life-changing event.