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Articles 1 - 6 of 6
Full-Text Articles in Criminal Procedure
Good Policing Practices Are Difficult, Even For The Avengers, Melanie Reid
Good Policing Practices Are Difficult, Even For The Avengers, Melanie Reid
Cleveland State Law Review
Policing, as a topic, is complicated. Many have strong views as to what police should or should not be doing and how effectively they are doing it. Too often policing has become polarized with various perspectives disagreeing as to the future of policing. Black Lives Matter, Defund the Police, and Policing Abolition movements are on one spectrum compared to the Blue Lives Matter Movement or other mayoral or police union initiatives. This is clearly a time to collaborate and learn from the various perspectives to bring hope and change in the future. Lawyers, academics, community members, and police officers alike …
The Federal Sentencing Guidelines: A Guideline To Remedy Ohio's Sentencing Disparities For White-Collar Criminal Defendants, Joelle Livorse
The Federal Sentencing Guidelines: A Guideline To Remedy Ohio's Sentencing Disparities For White-Collar Criminal Defendants, Joelle Livorse
Cleveland State Law Review
Over the past few decades, white-collar crimes have significantly increased across the country, especially in Ohio. However, Ohio’s judges are ill-equipped to handle the influx of cases. Unlike federal judges who are guided by the U.S. Sentencing Commission’s Federal Sentencing Guidelines, Ohio’s judges have significantly more sentencing discretion because the Ohio legislature provides minimal guidance for these crimes. As a result, Ohio’s white-collar criminal defendants are experiencing dramatic sentencing variations. To solve this problem, Ohio should look to the Federal Sentencing Guidelines and neighboring states to adopt and create an innovative sentencing model tailored to white-collar crime. Unlike the federal …
Ohio's Targeted Community Alternative To Prison Program: How A Good Idea Is Implemented Through Bad Policy, Samantha Sohl
Ohio's Targeted Community Alternative To Prison Program: How A Good Idea Is Implemented Through Bad Policy, Samantha Sohl
Cleveland State Law Review
Just because a legislature can make a law doesn’t mean that they should. The Ohio General Assembly enacted the Targeted Community Alternatives to Prison (T-CAP) program to decrease the number of convicted defendants sent to state prison and to increase funding for community control efforts. While the law may be upheld under the Ohio Constitution’s Uniformity Clause, the law should still be repealed because legislative control and financial influence have no place in the judicial branch, specifically the criminal sentencing process. However, the law is rooted in good intentions, and many judges have found the additional funding useful, but the …
Legal Aspects Of Police Radar, William K. Mccarter
Legal Aspects Of Police Radar, William K. Mccarter
Cleveland State Law Review
As a vehicle approaches the radar unit, it enters its operating zone or "zone of influence." The length and width of the zone depends on such factors as the strength of the signal and the transmittor height above the ground. The unit will record the speed of only one vehicle at a time, determined by the vehicle presenting the best target by reason of reflecting surface, position, or speed. Based on this, many courts have pointed out possible defenses to proof of speed by radar. One court has stated in its opinion there are many more defenses that can be …
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?