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October 25, 2004

The state of state sentencing in Ohio

I have previously called Ohio a Blakely bellwether — or maybe I should call it a Blakely swing state — because the impact of Blakely's formal rule on Ohio's functional sentencing laws could be extreme or extremely minor (background here and here).

To its great credit, members of the Ohio Criminal Sentencing Commission earlier this month put together a number of helpful documents about Blakely in Ohio, including an overview of Blakely cases in Ohio Courts and memos here and here on Blakely's possible impact on Ohio law. Though the passage of a few weeks already makes these documents a bit dated (more recent developments are noted here), collectively these materials provide a valuable overview of Blakely developments in Ohio.

And for folks interested in broader sentencing reform stories, there is a lot more to learn from Ohio's development of its modern sentencing structure. The full Ohio story is well told by Ohio Judge Burt W. Griffin and Professor Lewis Katz in Sentencing Consistency: Basic Principles Instead of Numerical Grids: The Ohio Plan, 53 Case W. Res. L. Rev. 1 (2002). And, by way of the kind Professor Jerry Israel, I have here to be downloaded a short description of "the Ohio Plan" authored by Judge Griffin. Professor Israel astutely says "I suspect that the Ohio approach, if it gains the attention it deserves, will receive widespread support among judges."
Download summary_of_ohio_sentencing_system.rtf

October 25, 2004 at 05:48 PM | Permalink


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i haven't gone to the statue yet, so i apolgize if the answer to either of these questions is explicit therein, but:

1) are departures based on mitigating factors possible in Ohio, or does the statutory minimum serve as a proxy mandatory minimum?

2) even if the offender / offense analysis is correct, and recidivist sentencing factors are given there broadest reading under the Blakely exception, how can 2929.14(B) get around this? Although "demeaning the seriousness of the offense" does sound, in the words of Professor Berman, like a "value judgment" rather than a "factual finding," isn't that, in cases of something like "deliberate cruelty," a distinction without a difference?

law student w/ a blakely internship and law review article to write.

Posted by: bottomset | Oct 25, 2004 8:44:06 PM

Thats a good question. I would like to know that same. Thanks

Posted by: Joe | Oct 26, 2004 2:44:25 PM

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Posted by: | Oct 14, 2008 5:52:50 AM

what is the mandatory sentence for a person who is incarcerated with a failure to comply but it is the 2nd offense in 5 yrs and this time it has a felonious assult in a motor vehicle on a police officer? even though i was in the car as a wittness the officer swerved over to hit the car on the driver side wheel front to stop us? isnt that a pit type manuver to stop the vehicle?

Posted by: rebecca burton | Aug 22, 2009 2:08:42 PM

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