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53 Case W. Res. L. Rev. 1 (2002-2003)
Sentencing Constistency: Basic Principles Instead of Numerical Grids: The Ohio Plan

handle is hein.journals/cwrlrv53 and id is 11 raw text is: ARTICLES SENTENCING CONSISTENCY: BASIC PRINCIPLES INSTEAD OF NUMERICAL GRIDS: THE OHIO PLAN Burt W. Griffint and Lewis R. Katz# INTRODUCTION In the 1980's and 1990's, public concern about violent crime and the growing costs of imprisoning convicted offenders generated sen- tencing reform in many jurisdictions. Most reform legislation adopted systems based upon numerical grids. In Ohio, however, the same considerations led to a sentencing statute utilizing conceptual principles rather than numerical formulae. Drawing upon experiences in Ohio and other jurisdictions, the Ohio Plan is a unique approach to fostering fairer, more consistent, and less costly ways of sentencing felony offenders. 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, ex- plores 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 knowl- t Judge, Common Pleas Court of Cuyahoga County, Ohio. John C. Hutchinson Professor of Law, Case Western Reserve University School of Law. The authors thank Martin Levine, Case Western Reserve University Law School, class of 2003, for his invaluable research assistance. The authors thank Martin Levine, Case Western Reserve University Law School, class of 2003, for his invaluable research assistance. The authors also wish to thank Professor Jerold H. Israel, College of Law, University of Florida, Gaineville, Fla., David Diroll, Executive Direc- tor, Ohio Criminal Sentencing Commission, and Fritz Rauschenberg, Associate Director, Ohio Criminal Sentencing Commission, Columbus, Ohio for their helpful comments on a draft of this article.

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