Law Commons^™

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …

Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic

Cleveland State Law Review

In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …

In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert

Cleveland State Law Review

Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth …

Due Process Junior: Competent (Enough) For The Court, Tigan Woolson

Journal of Law and Health

There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.

Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …

Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri

Cleveland State Law Review

This article will focus on the constitutional defects of juvenile court adjudications under Ohio juvenile law. The arguments presented, however, are equally applicable in other jurisdictions since every state has some type of legislation granting juvenile court jurisdiction over both criminals and noncriminal misconduct of children.

Role Of The Attorney In Juvenile Court, Julian Greenspun

Cleveland State Law Review

An attorney once commented that the effect of Gault was to place him in his proper role, that of an advocate whose sole purpose was to defend constitutional rights, and that he did not have to be a social worker or psychologist. But the effect of Gault is to bring counsel into the Juvenile Court, which is a court with compassion. Thus, being a special court, it requires special skills, so that the client may not only receive due process, but if needed, will receive proper care.

Constitutional Rights In Juvenile Court, Joseph L. Rubin

Cleveland State Law Review

On June 20, 1966, the United States Supreme Court noted that it had probable jurisdiction in the case of In Re Gault. Ten months and three weeks later, the Supreme Court reached a landmark decision on judicial handling of juvenile delinquency matters. On May 15, 1967, the court handed down a ruling that many of the constitutional procedural protections previously observed only in adult trials are also applicable to children in juvenile court proceedings. This decision portends a major change in the manner in which most of the nation's three thousand juvenile courts have been functioning. The significance of this …