Chapter 1: Ohio’s Criminal Justice System Chapter 1: Introduction and Ohio’s Place in the Nation Copyright © 2015 Carolina Academic Press. All rights reserved.

Introduction Why state-level approach is important Role of the U.S. Constitution on the state level Federalization of law enforcement Complexities of Justice System Significance of the Governor, legislature, and interest groups in state-level criminal justice development Major court cases originating in Ohio Copyright © 2015 Carolina Academic Press. All rights reserved.

Why the State Level? Majority of legislation and action takes place at the state or local levels of government Most crimes are violations of state law rather than federal law Enumerated powers—addressed in the Constitution and given to the federal government Reserved powers—power of the state, concepts not addressed in the Constitution Crime Control is not an enumerated power which leaves states to create laws regarding crime Concurrent powers—areas over which states and federal government have joint control E.g., court system—cases can move from state level to federal level Federal Government since the 1960 has been more active in crime control policy Able to do this by using the elastic clause in the Constitution Elastic Clause—allows Congress to “make all laws which shall be necessary and proper” Copyright © 2015 Carolina Academic Press. All rights reserved.

Politics and Criminal Justice Criminal justice process is largely political Criminal justice policies are based on legislative agendas not solid research Budgets are often political Politics impact: Policy development Election of criminal justice system agents Ex. Sheriffs, prosecutors, judges Implementation of policies Copyright © 2015 Carolina Academic Press. All rights reserved.

Ohio Governors and Criminal Justice Governor can influence the criminal justice process, through specific functions: a.Responsible for setting the agenda b.Power of appointment c.Power to grant clemency d.Influence legislation Many Governors have focused on law enforcement and corrections in the past, but in recent years there has been a shift towards Homeland Security. As new governors are elected, criminal justice priorities will continue to change. This influences the way the criminal justice system works in Ohio. Copyright © 2015 Carolina Academic Press. All rights reserved.

Ohio Legislature Governor responsible for signing bills into law and execution of laws passed Ohio General Assembly: Comprised of Ohio House of Representatives and the Ohio Senate Ninety-nine members in the House of Representatives and thirty-three in the Senate Responsible for creating new criminal offenses, changing prior legislation or adjusting punishments Committees have been established in both parts of the legislature to assist the General Assembly with its workflow Primary Committees: 1.Standing committee: permanent presence in the legislature Two examples in the House (House Committee on the Judiciary; House Committee on Transportation, Public Safety, and Homeland Security) Two examples in the Senate (Senate Committee on Criminal Justice; Senate Committee on Public Safety, Local Government, and Veterans Affairs) 2.Ad hoc committee: look at a specific bill on a non-permanent basis 3.Joint committee: members of the House and Senate belong Other Committees: Select committees: look at specific issue or complete a specific task Copyright © 2015 Carolina Academic Press. All rights reserved.

Interest Groups Interest Groups: specific agenda or constituency whose views they are trying to protect through the formation of laws Groups in Ohio that are concerned with the criminal justice system are often affiliated with crime victims Examples of interests groups that represent victims : Ohio Alliance to End Sexual Violence (OAESV) Ohio Domestic Violence Network (ODVN) Practice of Murdered Children Other Interest Groups: Law enforcement officers (Prior to 1980s law enforcement officers were prohibited from collective bargaining) Gained privilege due to the Fraternal Order of Police of Ohio Copyright © 2015 Carolina Academic Press. All rights reserved.

Ohio’s National Impact on Law Enforcement Criminal Procedures Ohio has impacted many states’ criminal justice systems on criteria ranging from the death penalty to training police. The impact can be seen through U.S. Supreme Court Cases Mapp v. Ohio (1961) Search and seizure case testing limits of the Fourth Amendment Terry v. Ohio (1968) Stop and frisk landmark case for the Fourth Amendment Ohio v. Robinette (1996) Tested voluntariness of a Fourth Amendment consent search These cases are still widely cited throughout the United States Copyright © 2015 Carolina Academic Press. All rights reserved.

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