NCJ Number
15791
Journal
Ohio State Law Journal Volume: 34 Issue: 3 Dated: (1973) Pages: 527-551
Date Published
1973
Length
25 pages
Annotation
OHIO'S ASCHERMAN ACT GIVES THE COURT POWER TO IMPOSE AN INDETERMINATE COMMITMENT ON A 'MENTALLY DEFICIENT OFFENDER' CONVICTED OF A CRIME IN CRIMINAL COURT.
Abstract
AN INDIVIDUAL COMMITTED TO A STATE MENTAL HOSPITAL UNDER THIS ACT HAS NO RIGHT TO A PERIODIC REVIEW OF HIS SENTENCE UNTIL AFTER TERMINATION OF THE MAXIMUM SENTENCE FOR THE OFFENSE OF WHICH HE WAS ORIGINALLY CONVICTED. IT IS ARGUED THAT THIS ACT FAILS TO SAFEGUARD THE OFFENDER'S PROCEDUAL RIGHTS AND RIGHT TO RELEASE ON A FIXED DATE, AND THAT IT HAS NO PROVISIONS DEALING WITH THE RIGHT TO TREATMENT, METHODOLOGIES OF TREATMENT, AND/OR THE RIGHT NOT TO RECEIVE TREATMENT. THE AUTHOR PROPOSES DIVORCING THE MENTAL HEALTH AND SENTENCING SYSTEMS BY LIMITING THE POWER OF THE SENTENCING COURT TO THE IMPOSITION OF THE SENTENCE FOR THE CRIME. THE PROBATE COURT WOULD HAVE THE SOLE POWER TO IMPOSE AN INDETERMINATE COMMITMENT. A PHYCHIATRIC EVALUATION REPORT ON THE CONVICTED OFFENDER WOULD DETERMINE WHICH COURT HAD JURISDICTION IN EACH CASE. THE AUTHOR CONTENDS THAT UNDER THIS SYSTEM, BOTH THE INDIVIDUAL'S PROCEDURAL RIGHTS AND HIS SUBSTANTIVE RIGHTS AS TO TIME OF RELEASE WOULD BE GUARANTEED.