Title

Sentencing Consistency: Basic Principles Instead of Numerical Grids: The Ohio Plan

Abstract

This article describes Ohio's distinctive system and suggests that sentencing guidance based upon basic sentencing principles rather than numerical formulae deserves serious attention. In so doing, the article examines Ohio's system of general legislative and appellate guidance, explains how it came about, illustrates how the legislative guidance is being enforced and elaborated by appellate courts, explores some of the weaknesses of the Ohio system, and indicates how greater consistency and predictability in sentencing might be fostered under such a system. The article suggests that a system of general legislative guidance coupled with strong appellate review can achieve consistency in sentencing, control costs, and incorporate new knowledge about human behavior and sentencing alternatives in a manner that is less political and more open to an objective balancing of societal needs than occurs under numerical guideline systems.

Keywords

Sentencing

Publication Date

2002

Document Type

Article

Place of Original Publication

Case Western Reserve Law Review

Publication Information

53 Case Western Reserve Law Review 1 (2002)

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COinS Burt W. Griffin Faculty Bio