IMPACT OF THE 1974 OHIO CRIMINAL CODE ON A MUNICIPALITY'S CONSTITUTIONALLY DELEGATED POWER TO IMPOSE SENTENCES FOR MISDEMEANORS - A NEW BOUNDARY

• NCJ Number: 15001
• Journal: Cincinnati Law Review Volume: 43 Issue: 2 Dated: (1974) Pages: 410-415
• Author(s): B M ALLMAN
• Date Published: 1974
• Length: 6 pages
• Corporate Author: University of Cincinnati Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE CONSTITUTIONALITY OF CINCINNATI'S ONE-YEAR MAXIMUM SENTENCE FOR A FIRST DEGREE MISDEMEANOR IN LIGHT OF THE NEW STATE CODE'S MAXIMUM SENTENCE OF SIX MONTHS.

Abstract

OHIO SUPREME COURT DECISIONS DEALING WITH CONFLICTS BETWEEN STATE STATUTES AND MUNICIPAL ORDINANCES ARE CITED. EXPLORED IS THE QUESTION OF WHETHER A MUNICIPALITY MAY CONSTITUTIONALLY IMPOSE GREATER PENALTIES FOR MISDEMEANORS THAN THE STATE. PRIOR TO THE ENACTMENT OF THE 1974 STATE CODE, MUNICIPALITIES HAD CONSTITUTIONAL POWER TO IMPOSE NONCONFORMING PENALTIES, PROVIDED SUCH PENALTIES DID NOT CONTRAVENE THE EXPRESSED POLICY OF THE STATE WITH REGARD TO THE FELONY-MISDEMEANOR CLASSIFICATION BOUNDARY. HOWEVER, THE AUTHOR CONCLUDES THAT WITH THE NEW FELONY-MISDEMEANOR DISTINCTION IN THE 1974 STATE CRIMINAL CODE, THE CINCINNATI PENALTY SECTION DOES, IN FACT, CONTRAVENE AN EXPRESS POLICY OF THE STATE.