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The fact that fewer people who go through a programme are reconvicted than offnders generally is, as Ms Lyons knows perfectly well, aceptable scientific evidence of impact.
The Court reasoned that it would be a "flagrant violation" of due process for a state court to follow a policy of increasing sentences upon every reconvicted defendant, and it would be a violation of due process for trial courts to impose that type of punishment on defendants who successfully exercise their constitutional rights.