Do you think it's fair that some first-time offenders have to serve jail time while others are allowed to enroll in diversion programs? explain.

Often first time offenders would have the ability to turn around their behavior. Being exposed to the severe criminal element of prisons or jails could in fact breed a worse criminal rather than deterring them from their felonious or criminal behavior. I think the severity of the act should depend on the jail time associated with it and if they are able to enroll in diversion programs. So it some ways I would argue that it is fair.

Reserved powers is your answer