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Full-Text Articles in Law
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar
A (Partial And Principled) Defense Of Sentences Of Life Imprisonment, Mirko Bagaric, Jennifer Svilar
Cleveland State Law Review
There has been more than a five-fold increase in the number of life sentences in the United States over the past four decades. One in seven prisoners in the United States is serving a life (or virtual) life sentence. This amounts to over 200,000 prisoners. The increase has occurred against the backdrop of near universal condemnation by scholars and public policy advocates – many of whom are now advocating for the abolition of life sentences. Arguments that life sentences are not an effective deterrent or means of protecting the community have some merit. Yet, we argue that in a limited …
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 …
Shame: A Different Criminal Law Proposal For Bullies, Xiyin Tang
Shame: A Different Criminal Law Proposal For Bullies, Xiyin Tang
Cleveland State Law Review
Public concern over bullying has reached an all-time high. The absence of a sensible criminal charging and sentencing regime for the problem recently reared its head in the highly publicized prosecution of Dharun Ravi, who was convicted of fifteen counts and faced the possibility of ten years in prison. This Essay argues that existing criminal statutes used to address the problem, like bias intimidation and invasion of privacy, do not fit neatly with the specific wrongs of bullying. However, recently-enacted “cyber bullying” laws, which give complete discretion to school administrators, are weak and ineffective. I propose another solution: first, to …
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Cleveland State Law Review
This article will discuss the emergence of GPS technology in the field of criminal law and propose that Ohio embrace GPS monitoring as an alternative to the incarceration of nonviolent offenders. Part II will begin by briefly outlining the history of GPS technology. Part II will then discuss the use of GPS monitoring in the field of law enforcement. Specifically, this Part will illustrate the different components necessary for the implementation of an effective GPS monitoring program and explain the use of inclusion and exclusion zones. Part III will examine the status of Ohio's state prison system and will focus …
Shame And The Meaning Of Punishment, Chad Flanders
Shame And The Meaning Of Punishment, Chad Flanders
Cleveland State Law Review
This Essay critiques the shaming punishments debate, not in the interest of defending one side or the other, but to make more explicit the paradox with which this Essay began. This Essay also advances the proposal that a consistent liberalism, one that demands that all citizens be respected equally, is incompatible with any punishment that requires the infliction of hard treatment (treatment which inflicts pain or suffering) or humiliation on the offender. It is important to bracket the practical consequences of this proposal. Perhaps it was proposals like this one that made Nietzsche worry about the progressive softening of societies …
How Ohio V. Talty Provided For Future Bans On Procreation And The Consequences That Action Brings: Ohio V. Talty: Hiding In The Shadow Of The Supreme Court Of Wisconsin, Evelyn Holmer
Journal of Law and Health
This Note discusses the constitutionality of antireproduction restrictions as they relate to the purposes and goals of probation, in the context of the Talty, Oakley, and Tramnell decisions. This Note addresses the ramifications and implications of these restrictions in relation to the deadbeat parent crisis, and it proposes more adequate means to accomplish the competing goals of child welfare and adherence to constitutional doctrine. Section II introduces and dissects the fundamental right to procreate as it is found under two concepts: the right itself and the right to privacy. Section III discusses the purposes of probation, generally, and articulates two …
Standards And Procedures For Determining Whether A Defendant Is Competent To Make The Ultimate Choice - Death; Ohio's New Precedent For Death Row Volunteers, Matthew T. Norman
Standards And Procedures For Determining Whether A Defendant Is Competent To Make The Ultimate Choice - Death; Ohio's New Precedent For Death Row Volunteers, Matthew T. Norman
Journal of Law and Health
Despite the fact that many states will allow a death row defendant to waive his legal appeals in order to hasten his execution date, there are inadequate standards and procedures for determining whether the "volunteer" is first competent to make this ultimate decision of life versus death. To provide background for this issue, this Note will discuss the events initially leading up to the nation's first death row "volunteer", then it will introduce subsequent volunteers of the present day. This Note then will look at what the United States Supreme Court has said about the standards and procedures that are …
On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed
On Seeking Controlling Law And Re-Seeking Death Under Section 2929.06 Of The Ohio Revised Code , Margery B. Koosed
Cleveland State Law Review
This article explores and analyzes the two-pronged legal dilemma that confronted the court in State v. Marshall: in Ohio, finding the correct sentencing law is often difficult; and a recent amendment to the resentencing portion of that law, S.B. 258, destroys the efficiency that was characteristic of Ohio's previous resentencing framework. Consequently, Part II of this article examines the facts and holding of State v. Marshall and suggests that finding the applicable law must be simplified. Practitioner handbooks are often confusing and incomplete, in part as the Ohio legislature generates an ever-changing body of law. Justice and the lives of …
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Cleveland State Law Review
Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …
A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper
A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper
Cleveland State Law Review
It is now almost universally accepted that there are three possible bases underlying sentences imposed by the Courts, following some breach of the criminal law. These are generally described as retribution, deterrence and reformation. Occasionally these qualities are considered in combination under some such title as the "aims of penal measures." Another factor, ever present in a vague though influential form, now seems to be emerging from the shadows to assume more definite shape. Yet to materialize is its relationship to the other established, uncontroverted aims. The emergent element may conveniently be termed "public disapproval," under which may be subsumed …