We must set ‘record straight.’ Ohio Attorney General ‘flatly misstating Ohio law’
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Reginald J. Routson is a decide in the Hancock County Typical Pleas Court docket. Steven K. Dankof, Sr. is a choose in the Montgomery County Typical Pleas Courtroom
In a the latest choice, the Ohio Supreme Court stated what has often been Ohio law: community security is not a thing to consider when setting a dollars bond.
Predictably, feigned outrage shortly adopted from the self-appointed law-and-purchase group who advance their false narrative that the upcoming of our fantastic state is at danger.
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Why the hyperbole?
In our judgment, its goal is to perpetuate 1 of the most significant institutional disparities in the prison justice process: the misuse of dollars bail.
A short while ago, Ohio’s prime legislation enforcement officer, Legal professional General Dave Yost, wrote a misleading Dispatch guest column, flatly misstating Ohio legislation, to assistance a alter to Ohio’s Structure to supplant the Supreme Court’s ruling.
A lot more: Yost: ‘Fresh encouraging of injustice’ served when violent criminals out on small bail reoffend
For us, this was the final straw.
As two trial judges with combined judicial encounter of 44 several years and who have created hundreds of bail selections, we are compelled to established the history straight
There is no correlation between dollars bond and community security
Time-honored Ohio legislation protecting against the use of money bail to deal with public protection makes ideal sense. Any reputable felony justice expert will readily admit there is certainly no empirical proof even suggesting a correlation concerning dollars bail and community basic safety.
More: Ohio Supreme Courtroom justice: Judges getting hit by ‘insidious’ attacks from ax grinders
Yost wrongly argues that, if a man or woman launched on a significant hard cash bail misbehaves, the posted financial bail can be forfeited.
This is untrue.
Hard cash bail can only be forfeited if an offender fails to show up at subsequent court docket proceedings. There is merely no monetary incentive to behave even though on bond, and therefore no link involving income and safety.
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The existing procedure just assures that those people perceived as “evil”, but very poor, remain in jail, while people perceived as “evil” but rich can safe their release, cost-free to dedicate new crimes – a story advised and retold.
And so we ask, how are victims of violent criminal offense safeguarded by Yost’s so-termed “solution?”
Violent defendants can by now be held with out bail
Even worse nonetheless, the self-appointed “defenders” of Regulation & Purchase undoubtedly know that for more than twenty many years, a rarely invoked course of action has been in put to hold potentially violent defendants, rich and bad, without the need of bail. So why not use the method currently in place? The reply is uncomplicated and tragic: It takes time and hard work.
What is actually the pretext?
Regrettably, all as well lots of prosecutors and judges do not want to choose the time to make sure a constitutionally permissible consequence, preferring rather to turn a blind (or winking eye) to what the law commands. At least Yost candidly admits that he supports the blatant circumvention of Ohio’s constitutional protections in the name of expediency.
Yost and others assert that such mandated hearings would, somehow, “victimize” alleged victims.
This claim is completely speculative because couple these hearings are pursued by prosecutors or carried out by judges. As judges who really conduct “no bail” hearings underneath existing Ohio legislation, this has completely not been our experience.
And other states employing pretrial detention treatments report no common victimization.
Yost and other individuals also argue that Ohio’s existing “no bail” statute does not attain plenty of major crimes. Covered under current Ohio law are Aggravated Murder, Murder, all Felony 1s and 2s, Felony OVI, and many others.
Definitely, the Legislature ought to revisit the recent statute and take into consideration adding other major crimes implicating public safety, a procedure that may well be overdue.
No matter of what you hear, this a person final decision has not jeopardized community basic safety. If prosecutors and judges do their constitutionally mandated employment, community security will really be given major priority as an alternative of compensated naked political lip support.
There is no need to have to amend Ohio’s Structure.
Reginald J. Routson is a choose in the Hancock County Common Pleas Court. Steven K. Dankof, Sr. is a decide in the Montgomery County Prevalent Pleas Courtroom
This posting at first appeared on The Columbus Dispatch: Ohio does not have to have constitutional modification linking bail to public protection