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Extreme Risk Protection Orders as Criminal Deflection and Diversion.

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This summary is machine-generated.

Extreme Risk Protection Orders (ERPOs) are increasingly used to divert individuals from the criminal legal system. This study examines how law enforcement and courts discretionarily apply ERPOs as an alternative to arrest or prosecution.

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Area of Science:

  • Criminology
  • Public Health
  • Law and Policy

Background:

  • Extreme Risk Protection Orders (ERPOs) were designed as civil tools to temporarily restrict firearm access for dangerous individuals.
  • In practice, ERPOs are increasingly integrated with criminal law enforcement and prosecution.

Purpose of the Study:

  • To develop a typology of discretionary ERPO uses by police, prosecutors, and judges.
  • To explore ERPOs as a deflection or diversion tool from the criminal legal system.

Main Methods:

  • Analysis of discretionary ERPO applications by legal actors.
  • Development of a typology based on case examples.
  • Illustration with case vignettes from four states (Indiana, Washington, Virginia, Florida).

Main Results:

  • ERPOs are used as alternatives to arrest, diversions from prosecution, and interventions to mitigate criminal charges and sentencing.
  • Case examples demonstrate varied discretionary uses across different legal contexts.
  • While often initiated for suicide threats, ERPOs serve multiple roles within the legal system.

Conclusions:

  • ERPOs function as a complex tool with potential for deflection and diversion from the criminal legal system.
  • Further research is needed to evaluate the process and outcomes of ERPOs used in this manner.