First offenders, whether minors or adults, may be offered diversionary programs instead of jail time. Sentencing guidelines may be more lenient for first-time offenders. Rehabilitation programs are offered to those struggling with substance abuse issues. Nonviolent first offenders may have their crimes purged if they pursue lawful behavior. Violent offenders are viewed as a threat to society and rehabilitation is less important than protecting the public.
A first offender is a person who is convicted of a crime for the first time. First offenders can be minors or adults and may have committed a misdemeanor or felony. Depending on the type of crime, first offenders may be allowed to enter diversionary programs instead of serving jail time, in the hopes that a future criminal can be avoided. Sentencing guidelines are sometimes more lenient for first-time offenders.
A person is considered prime offender only if they have never been convicted of a crime before. Those who have been arrested but released, or those who have been tried but acquitted of other crimes, are not considered offenders. Only a first conviction can qualify a person for first offender status, although a judge or jury may take into consideration a long history of arrests, misdemeanors, or other run-ins with the law in determining whether a person should receive clemency as a first offender.
Treating first offenders is seen as an important part of crime management and reduction. In general, these are people for whom crime is not yet a regular part of life. Many first-time offenders are convicted of relatively minor crimes, such as shoplifting or drunk driving. It is often in the interest of the court and the state to ensure that the criminal lifestyle does not become a habit for the first offender, rather than to ensure that they are punished up to the maximum extent of the law.
For first offenders convicted of drunk driving or public intoxication, rehabilitation programs may be offered as an alternative to prison. This is to help offenders who are clearly struggling with substance abuse issues deal with the root cause of their crime rather than simply paying fines or going to jail for a short time. By dealing with the root cause, the justice system hopes to avoid a continued addiction-based pattern of illegal behavior. Similar diversion programs are sometimes available for juvenile first offenders.
Nonviolent first offenders may sometimes be able to get their crimes purged if they pursue an active program of lawful behavior. In 2009, the United States House of Representatives began work on the Second Chance Act, which would clear records for first-time offenders who complete substance abuse programs, receive a high school diploma, and spend a year of community service. Some believe that removing the stigma of a conviction helps ex-convicts break ties with their past and pursue a legitimate future.
Typically, a prime offender is eligible for lenient or diversionary treatment only if the crime committed is non-violent. A person who commits a violent crime is generally viewed as a threat to society, thus making their rehabilitation less important to the criminal justice system than protecting the public. Even with a violent criminal conviction, the first offender is more likely to receive early parole or be granted access to treatment programs while incarcerated than a repeat offender with a long history of criminal activity.
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