Tags: felons | sentence | ohio

Ohio Judges Must Get Consent to Sentence Some Felons

Monday, 05 Mar 2012 04:18 AM

By Sandy Fitzgerald

  Comment  |
   Contact  |
  Print   |
    A   A  
  Copy Shortlink
Ohio’s judges are frustrated by a new state law that requires them to ask the state Department of Rehabilitation and Correction for non-prison alternatives before sentencing first-time, nonviolent offenders, the Columbus Dispatch reports.

Offenders convicted of fourth- or fifth-degree felonies must now be sentenced to community-control programs such as probation, drug treatment, or county jail rather than being sent to state prison.
 
Common Pleas Court judge Richard Berens said the new law is bad public policy that removes judicial discretion. Berens added it might violate the Constitution by allowing the executive branch of government to override the judicial branch.
 
Sen. Bill Seitz, the Cincinnati Republican who sponsored the law, disagreed that the provision undermines judicial discretion, or the separation of powers, because the state legislature frequently enacts laws that affect what judges can do, including the requirement to impose mandatory minimum sentences.
 
Further, he said the new law will help the state save money by not overloading the prison system.
 
In Ohio, fourth-degree felonies carried a maximum of 18 months in state prison, and fifth-degree felonies carried up to a year before legislators passed the new sentencing law.

© 2014 Newsmax. All rights reserved.

  Comment  |
   Contact  |
  Print   |
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Poll: Voters Reluctant to Engage Directly in War Vs. ISIS, Taliban

Friday, 19 Dec 2014 15:36 PM

Despite being horrified by the Dec. 16 attack on a Pakistani school that killed 145, mostly children, American voters ar . . .

Tom Harkin's Last Hurrah: Change Our National Anthem

Friday, 19 Dec 2014 14:07 PM

Retiring Democratic Sen. Tom Harkin spent his final hours in Congress getting his pet peeve off his chest - the national . . .

Appeals Court Rules in Favor of Man Sent to Asylum in Gun Case

Friday, 19 Dec 2014 13:38 PM

In a landmark decision, an appeals court has ruled that the federal law preventing a man from owning a gun because he wa . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved