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OHIO - SENTENCING UNDER THE PROPOSED CRIMINAL CODE

NCJ Number
6553
Journal
Ohio State Law Journal Volume: 33 Issue: 2 Dated: (SPRING 1972) Pages: 490-515
Author(s)
J KAPEL
Date Published
1972
Length
26 pages
Annotation
EXAMINATION OF CRIMINAL SENTENCING UNDER PRESENT OHIO STATUTES AND UNDER THE PROPOSED OHIO CRIMINAL CODE.
Abstract
SENTENCING INDIVIDUALS WHO HAVE BEEN CONVICTED OF CRIMES REMAINS AN IMPORTANT, YET UNDERPUBLICIZED, PART OF THE CRIMINAL JUSTICE PROCESS. THIS ARTICLE EXAMINES THE ORIGINS, PARAMETERS, AND BASIC DIFFICULTIES IN THE PROPOSED OHIO CODE. THIS CODE HAS BEEN SUGGESTED AS AN ALTERNATIVE TO THE ARCHAIC AND INFLEXIBLE CRIMINAL SENTENCING PROVISIONS OF PRESENT OHIO STATUTES. THE ARTICLE ALSO DISCUSSES THE ROLE OF THE PRESENTENCE REPORT, THE IMMENSE DISCRETION OF THE SENTENCING AUTHORITY AND OTHER PROBLEM AREAS RAISED BY THE CLASSIFICATION AND SENTENCING PROVISIONS. PRESENT PRACTICES ARE CONTRASTED WITH TWO MODEL PROPOSALS TO DETERMINE IF ALTERNATIVE FORMULATIONS WOULD SERVE THE PURPOSES OF THE CRIMINAL LAW MORE EFFICIENTLY.

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