General Topic: The Addict: Patient or Criminal? The Diversion Approach and its limits.
********* Title: You must choose a title for your paper. *********
The paper must at least address the following questions; in whichever order you may find more appropriate:
Are all criminal defendants in Florida eligible for Diversion? What is the criteria? Does the same criteria applies to misdemeanor pretrial substance abuse intervention and treatment programs than for other programs? Briefly explain.
What role, if any do State Attorneys for each Florida judicial circuit play in the terms of pretrial intervention programs in Florida?
Briefly address the following feature of the Diversion Programs:
• Acceptance of Guilt or Responsibility
• Notice to Employer and Visits to Work and School
• Preclusion to Expunction
• Mandatory Donation Provisions
• Consequences of Violation of Diversion Program
•
Briefly explain what are Community Sanction Violation Points.
Please describe the diversion programs available for substance abusers in Broward County and then compare and contrast them with those available in Miami-Dade county.
Briefly explain what happens when a diversion program is successfully completed.
Briefly explain what happens when a diversion program is not completed.
Is diversion available in the following cases in Broward and Miami Dade? Briefly explain your answer.
a. John Smith knowingly and willfully sells in Miramar, at retail, drug paraphernalia pipes in Miramar, FL
b. John Smith knowingly and willfully sells in Miami, at retail, drug paraphernalia pipes primarily made of briar, meerschaum, clay, or corn cob.
c. John Smith knowingly and willfully sells in Miami, at retail, drug paraphernalia pipes primarily made of briar, meerschaum, clay, or corn cob, while holding a pistol in one hand and heating the head of a competitor with the other hand.
d. Mary Jane Morton is arrested after injecting ecstasy and U-47700 and ingesting methamphetamines and Robitussin AC, while inhaling cannabis without obtaining first a medical prescription.
e. Mary Jane Morton is arrested after ingesting Robitussin AC, while inhaling cannabis.
f. Mary Jane Morton is arrested after stealing and ingesting Robitussin AC, and slapping in the face the store employee who saw her and called the police.
If in the previous cases, John and Mary are Juveniles, rather than Adults, would your answer change? How?
Minimal Sources of Information
You must consult the following links as a minimum, when preparing your paper. You should cite several of them. You are of course invited to consult additional sources…
Pretrial intervention (PTI) is actually provided for through Florida Statutes §948.08 and §948.16.
Florida Statutes . §948.16.
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0948/Sections/0948.16.html
Florida Statutes §948.08
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0948/Sections/0948.08.html
Florida Statutes §893.147
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.147.html
DEA Drug Schedules
https://www.dea.gov/druginfo/ds.shtml
Broward & Miami Dade Counties
https://sheriff.org/about_bso/dodcc/court/drugcourt.cfm
https://sa18.org/page/felony-diversion.html
https://www.17th.flcourts.org/index.php/court-administration/court-programs/teen-court
https://sa18.org/page/misdemeanor-diversion.html
https://www.sao17.state.fl.us/diversion-programs.html
https://www.miamidrugcourt.com/
https://www.miamidade.gov/socialservices/diversion-treatment.asp
https://www.miamisao.com/services/diversion-programs/
Other Materials
https://www.floridatac.com/files/document/Miami%20Herald%20-%20Court%20program%20for%20mentally%20ill%20allows%20treatment.pdf
https://www.ncjrs.gov/html/ojjdp/9909-3/div.html
https://www.bja.gov/Publications/PretrialDiversionResearchSummary.pdf
https://www.justice.gov/usam/usam-9-22000-pretrial-diversion-program
https://www.dea.gov/divisions/hq/2016/hq111016.shtml
