The pros and cons of Ohio's Issue 1: Crime victim's rights WKYC Channel 3 217K subscribers Subscribe Share 3.3K views 5 years ago Ohio's Issue 1 would provide crime victims with. The decision also said that state prosecutors could have asked the judge to deny bail to DuBose. Current rules allow up to 8 percent reduced. Police and prosecutors used a new. "Issue 1 allows courts to set ridiculously high cash bail amounts and hopes that defendants can't pay it," she said. The idea was that jails had become similar to debtors prisons. Example video title will go here for this video. Article I, Section 19a | Damages for wrongful death. The proposal . Yes, even if it fails, lawmakers can put it forward again. It entrenches a failed status quo in our state constitution.. In the next few weeks, Netflix is releasing 22 new titles. On election day, Ohio voters will decide State Issue 1, which, if passed, would change drug possession felonies to misdemeanors, steering non-violent drug offenders away from prison and into treatment. Cookie Settings/Do Not Sell My Personal Information. YouTubes privacy policy is available here and YouTubes terms of service is available here. Violent people with money can just. "In some times, the court will actually need to have what's called a pretrial detention hearing because some people are dangerous and they should be in jail pretrial," Clum added. Senator and governor. "Do you want someone who was just shot and killed, the man walking down the street in your neighborhood?". What to know about Ohio Issue 1 on November 2022 ballot (Contributed). "In its simplest terms, Issue 1 takes the Ohio Supreme Court out of evaluating whether bail is fair," said David Niven, a political science professor at the University of Cincinnati. What Yellow Springs has done, Housh said, is the same thing 15 other municipalities in four other home rule states have done. On Cincinnati Edition, we'll discuss the pros and cons of Issue 1 with someone who supports the measure and someone who opposes it. But Issue 2 on the November ballot could take away their power to do that. Here are a few essentials you should pack in your middle-schoolers backpack for a successful school year. In Ohio, the legislature is doing committee work on a separate plan that would create a presumption against cash bail. A gavel is placed on its block in one of the courtrooms at the Cuyahoga County Court House, February 11, 2017.John Kuntz file photo | For cleveland.com. It's not clear how many of those people were sentenced for fourth- or fifth-degree felony drug possession the crimes that would become misdemeanors under Issue 1. The Coalition for a Safer Ohio is the organization that has formed to campaign on behalf of the proposed constitutional amendment, which Republicans in the legislature pushed to get on the ballot. Ohio Questions and Issues Handbook . And he told the board of elections they can't accept voter registration forms from those Yellow Springs non-citizens. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement (updated 4/4/2023), Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (updated 7/1/2023). Leland believes that Republicans in the legislature are frustrated by the majority of the Ohio Supreme Courts repeated rulings against them on redistricting. The reforms were then set to become law in July 2020, unless the legislature rejected them. So anyone caught with less than 20 grams of fentanyl would face a misdemeanor instead of prison time. ", RELATED: Ohio lawmakers argue over conflicting bail legislation. Concerns expressed by the victims family members and evidence that the suspect presented a false ID when confronted after fleeing to Las Vegas, werent factors relevant to the amount of bail, the court found. Issue 1 would impact every citizen-proposed constitutional amendment. The issue is complicated and controversial, and. Proponents of Issue 1 say it would reduce the number of people in state prisons for low-level crimes and save tens of millions of dollars annually in prison spending, which would be used to increase drug treatment and rehabilitation programs. Ohio is a home rule state, meaning that local governments can make decisions for themselves as they see fit. More than 90 percent of drugs analyzed at the Hamilton County crime lab in the first four months of 2018 had fentanyl in them. Hamilton County Prosecutor Joe Deters called Issue 1 his baby and said he believes it would deter Ohio from becoming a wasteland of crime by re-equipping judges with a tool to keep people who are potentially violent behind bars. Altogether, those reductions could save about $373,210 a day or $136 million a year. Issue 1 is known as the Community Safety Amendment and Issue 2 is known as the Citizenship Voting Requirement Amendment. State lawmakers in the House and Senate passed Senate Joint Resolution 2 on May 10. On Wednesday, May 10, the Ohio General Assembly adopted Senate Joint Resolution 2, a proposed constitutional amendment that, if passed by a simple majority of Ohio voters, will raise the threshold to pass future constitutional amendments to 60% of the vote. Q: If this doesnt pass, is there any way down the road it can be challenged again? Published . State Issue 1 would make Ohio one of the toughest states for citizens COLUMBUS -- Hyperbolic claims about Ohio Issue 1 have already hit the airwaves and opinion pages statewide. Lower-income Ohioans who couldnt come up with the cash sat in jails, setting off a cascade of problems that included job loss, falling behind on house or car payments, and an inability to parent their children, said state Rep. David Leland, a Columbus Democrat who opposes Issue 1. His streak continued by covering both the 2012 Republican and Democratic conventions for 91.7 WVXU. DEIJ Policy | Ethics Policy | Privacy Policy. "Nothing could be further from the truth. "But this constitutional amendment would take the power away from the people that are the experts and give it to the Ohio Legislature.". People with money or access to money through their family could pay bail in full or pay 10% to a bondsman to get out of jail. "They attempt to portray this as mean-spirited or anti-immigrant," LaRose said. What theyre going to miss is that the actual effect will be to take away any of the courts ability to impose protections for Ohioans and to ensure their rights are protected.. LaRose bristles at the suggestion that Issue 2 is aimed at stirring up hatred of immigrants. 2023 Advance Local Media LLC. First, Issue 1 reinforces an unfair bail system in which Black, brown and poor Ohioans lose their freedom, while wealthy Ohioans are able to purchase . If Issue 1 passes, both of those would need 60%, instead of 50% to pass. More LOCAL to Love. Read the official arguments for and against Ohio State Issue 1, the 60% Part of Clums objection to Issue 1 is a misconception that because of the Supreme Court decision, judges cant consider public safety when setting bail. What is Ohio Issue 1? Separating fact from fiction on divisive drug What Issue 1 does is really stop the conversation in Ohio about reforming bail and trying to move past cash bail., Deters described the ballot language as being crystal clear. Niven agreed, noting that while theres not much confusion over whats actually being started on the ballot with Issue 1, the implications of passing those issues are hard to see and understand., I think voters are going to look at the ballot and probably assume things like this are already in place, Niven added. However, State Issue 1 also would leave intact Ohio's statewide requirement that campaigns collect a number of signatures equal to 10% of the most recent election for governor, or around 441,000 . Neither is true. He added that the trial court could've ordered that the suspect be held without bond. Individual determination is when courts look at a specific case and have the court set conditions of bail that are relevant to that person, she said. Thats a fraught and hazardous move that will subject bail rules (and, potentially, other criminal justice reforms) to how the political winds blow, not to the judicial process of committee study and consultation under Ohio Supreme Court auspices. "There's a lot of hostility towards immigrants out there. Deters office is prosecuting the case against DuBose. Individuals caught using or possessing drugs would face a misdemeanor, punishable by up to six months in county jail, rather than a fourth- or fifth-degree felony, which could lead to prison time. So (bail) creates some economic barriers to poor, nonviolent defendants.. The state will hold an Aug. 8 special election on Issue 1, a proposal that would change the rules for enacting new constitutional amendments. Swearingen (R-Huron) sought to reverse that decision, introducing a joint resolution in the Ohio House to get the constitutional amendment before voters. In late August, Cuyahoga County Prosecutor Michael OMalley, a Democrat, told Cleveland Fox 8: Regretfully the Ohio Supreme Court has issued the DuBose v. McGuffey opinion which states that courts cannot consider public safety when setting a bond. In upholding the reduced bail, the majority pointed to the 2020 change to Ohio Criminal Rule 46. Ohio Issue 1: The Pros And Cons | WVXU Ohio law also defined third-degree possession of fentanyl as "five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual." A lethal dose of fentanyl can be as small as 2 milligrams. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. State law already allows judges to consider public safety when setting bail. The constitution also states that excessive bail and excessive fines shall not be imposed. Unlike other OCJ articles, it is not available for free republication by other news outlets as it is owned by WEWS in Cleveland. * Send a letter to the editor, which will be considered for print publication. No matter what your genre, theres something new for you. majority yes vote is necessary for the amendment to pass. This material may not be published, broadcast, rewritten, or redistributed. In Ohio, 573 professions are off-limits to individuals convicted of felony drug possession. By browsing this site, we may share your information with our social media partners in accordance with our. Asked by WEWS anchor DaLaun Dillard. Probation violations as long as they aren't new crimes would no longer result in prison time. Q: What should viewers do to prepare for this August 8 election? Community Rules apply to all content you upload or otherwise submit to this site. School is starting again, and your elementary-aged kids will need supplies! John Kasich recently signed a law to crack down on people who sell this dangerous drug. 2023, Charter Communications, all rights reserved. But they shouldnt be playing political games with the safety of the people of Ohio.. A judge could set a bond at $1 trillion and that person will not make that bond, he said. The Argument Against Issue 1 - Ohio Bar It is such an unlikely place for a political war, waged by Ohio Secretary of State Frank LaRose and his fellow Statehouse Republicans against the idea of people who are not U.S. citizens voting in local elections. You've heard about Issue 1, but what does it really mean? Under the guise of public safety, Issue 1 asks voters to enact sweeping changes to Ohio's laws and rules governing bail through a constitutional revision, that will make it permissible to hold Ohioans in jail simply because they are economically . Despite the largely partisan split of the Ohio Supreme Court case and proposal in the General Assembly, the campaigns spokesman, Gene Pierce, said the coalition wants to attract a broad range of people, including Democrats. As is traditional, editorials are unsigned and intended to be seen as the voice of the news organization. A strong majority of Ohioans, or 82%, said in a recent Siena College poll they would vote for Issue 1 come Election Day. Check out Amazons best back-to-school deals to get what your kids need. At the same time, few of us likely would want cash bail used as a cudgel against poor people who arent a danger but cant afford bail -- or as an unmerited get-out-of-jail card allowing rich suspects who do pose safety risks a chance to make bail, simply because they can afford $1 million bail or more. To assess the pros and cons of Issue 1 in 2023, we asked resolution sponsor Sen. Ryan, Vance split by education, border control in Ohio Senate race, Ohio governor's race split by education, abortion, gun rights. "There is justice and there is liberty for wealthy people, but there's not for Ohioans who do not have as much money," she added. Bail should be aimed primarily at the defendants flight risk -- will he or she show up for trial if allowed out on bail? LaRose, in a phone interview Monday, said Issue 2 is not about Yellow Springs. California voters changed their laws in 2014. The majority opinion was per curiam, or unanimous, of Chief Justice Maureen OConnor, a Republican, and Democratic Justices Melody Stewart and Jennifer Brunner. State Issue 1 would also impact the states ability to pass bond issues, and any other issues that citizen groups might try to bring to voters for constitutional consideration. Peace and love. Clum pointed out that the presumption of innocence until proven guilty applies to every defendant, even those accused of violent offenses or those with prior convictions. Issue 1 directly results from an Ohio Supreme Court ruling in DuBose v. McGuffey this past January. More LOCAL to Love. Early voting in the Nov. 8 election has begun. No one wants a suspect who poses a clear danger to society and/or to survivors and victims of a crime let out of jail while he or she awaits trial. Community Rules apply to all content you upload or otherwise submit to this site. Housh thinks there may be a political motivation behind Issue 2. She and other opponents like the ACLU and Policy Matters Ohio believe this promotes the theory guilty until proven wealthy. Conservative think-tank the Buckeye Institute also shared the same concerns back when they testified against Issue 1 when it was still a joint resolution in the House. E. Headings . Without the threat of a prison sentence, participation in drug court programs would drop. Republicans in the Ohio General Assembly pushed for Issue 1 to be added to the November ballot after the Ohio Supreme Court ruled in January that the state's judges must only consider public . To see more, visit 91.7 WVXU. The Ohio Environmental Council says Issue 1 would "make it harder for Ohio voters to fight for clean air, land [and] water." The ACLU of Ohio's executive director notes the potential impact on efforts to protect LGBTQ+ rights. The measure was approved . The argument against State Issue 1 A group of Democratic state legislators say the proposal would "destroy citizen-driven ballot initiatives as we know them," "take away our freedom by. Ten of them didn't actually cast a ballot. Now this Greene County village of 3,972 souls, east of Dayton, find themselves at the heart of a a GOP-backed campaign to pass Issue 2 on the November ballot, a ballot issue that would put specific language in the Ohio Constitution banning non-citizens from voting in local elections. Issue 1 seeks to repeal and replace the current law and strengthen victims rights. Leland, the state legislator, said that there is no organized opposition campaign to Issue 1. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Ultimately, were just guessing at what amount it takes to protect the public instead, Clum added. The office has been outspoken in its objection to Issue 1. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. It passed decisively in both bodies of the legislature: 63-33 in the Ohio House of Representatives on May 25, and then 25-7 in the State Senate on June 1. And what combination of cash bail and other means, such as GPS monitoring, will best secure his or her appearance? That number includes those who would face misdemeanors rather than felonies for drugs, those not sent to prison for non-criminal probation violations and those let out early for completing programming. All were trying to do is get things back to the way they were, LaRe said. The pros and cons of Ohio's Issue 1: Crime victim's rights That's more difficult to guess. Classical 101 Playlist & Program Schedule, 59% said they would vote "yes" on Issue 2, Ohio Election Chief Orders Greene County To Reject Non-Citizen Voter Registrations. Generally, bail is the conditional release financial or otherwise of a person who is accused of a crime before their court date, with a promise to return to court. The proposed amendment would: To learn more about a bipartisan bill that tackles wealth-based detention and would allow a court to make pretrial decisions due to dangerousness, not wealth strengthening the current law click here.

California Presidential Primaries, Speaking Points Or Talking Points, What Channel Is Trutv On Cox Omaha, Waterloo Village Wedding Cost, South Hampton Golf Rates, Articles O