Friday, August 21, 2009

Is criminal justice reform and felony conviction a local issue?

The Cuyahoga County Court of Common Pleas Local Rule 23.1 - Criminal Discovery adopted November 12, 2008 and effective February 10, 2009- is one of the more recent and local changes being made as Ohio seeks to revise its Justice System policies. (Where can we be more effective? Where can we cut costs?). The Cuyahoga County Court of Common Pleas website maintains that the Open Discovery rule will “minimize delay, unnecessary expense, and all other impediments to a just and expeditious determination of criminal cases” The new rule acknowledges that while Ohio’s Justice System is basically fair, decent and effective, it is by no means perfect. Local Rule 23.1 is another way for Ohioans to ensure a fair and decent trial for all accused.

In response to the Lynch Report, which highlighted discrepancies in how drug laws were applied inside and outside of Cleveland city limits, Cleveland’s Mayor Frank Jackson changed drug policies to better reflect the policies of the surrounding suburbs. Previously, those caught with drug paraphernalia inside of Cleveland were being charged with felonies, while those in the suburbs- when caught with the same paraphernalia- were charged with misdemeanors. This unfairly affected the high population of minority residents living inside of Cleveland. Jackson’s new policy states “…on the first offense, a user will be charged with having drug paraphernalia, a second-degree misdemeanor. A second offense will be charged as a first-degree misdemeanor… [A] third arrest will be a felony offense, which would send the case to Cuyahoga County Common Pleas Court for a drug-abuse charge.” (Puent, The Plain Dealer)

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