The point at which two things separate from each other is called divergence. If you walk through the forest and face a divergence along the way, you need to decide which path you want to take. A divergence does not have to be a physical split – it can also be a philosophical split. Disagreement between a school board and a group of parents could lead to such a heated argument that students clearly behave better than the adults present at the meeting. A deviation can also mean a deviation from norms or standards, such as the divergence between your state`s anti-waste laws and those of your neighboring states. Some states, such as Tennessee, require the trial court to consider a variety of factors in determining whether the defendant is eligible for diversion. These factors include: (1) the defendant`s ability to correct, (2) the circumstances of the offence, (3) the defendant`s criminal record, (4) the defendant`s social history, (5) the defendant`s mental and physical health, (6) the deterrent to the defendant and the rest of society. In the criminal law context, diversion is the distracting of a defendant when the criminal justice system allows him or her to attend a diversion program instead of being incarcerated or serving another alternative sentence. Criminal charges are generally dropped when a defendant successfully completes a diversion program. The accused thus avoids the stigmatization of a criminal conviction. A diversion is an alternative procedure in criminal proceedings in which the prosecution is interrupted by an agreement between the defendant and the prosecutor in which the prosecutor completely rejects the accusation or does not initially lay charges. This agreement allows the defendant to avoid a criminal conviction in their case if they have successfully completed a rehabilitation program and probationary period. Diversion programs are generally only available to accused accused of drug, alcohol and non-violent offences.
In some jurisdictions, diversion may be available for defendants charged with domestic violence, child abuse or neglect, traffic offenses, or even writing NSF checks. Diversion programs are primarily subject to state laws, which vary from state to state.