Thursday, September 22, 2016

Ohio: Juvenile Adjudication Cannot be used as Priors in Adult Sentencing

Ohio joins a number of jurisdictions preventing juvenile adjudications to be used as prior convictions during sentencing for adults because it violates due process principals

State v. Hand, 2016 BL 276326, Ohio, No. 2014-1814, 8/25/16.

   The Ohio Supreme Court held that a state statute allowing juvenile convictions to count as priors during sentencing as an adult was unconstitutional under Apprendi v. New Jersey and its line of case law. It found that such statutes violate due process requirements because there is not a right to a jury in juvenile cases. The supreme court followed Apprendi, finding that a right to a jury trial is required because “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”

   While many federal circuit courts have issued opinions regarding this issue, finding that juvenile crimes can be used to enhance subsequent adult sentences under the Armed Career Criminal Act, state supreme courts are divided on the same issue. Ohio joins the minority of jurisdictions that do not enhance sentences based on juvenile adjudication.

http://www.bloomberglaw.com/public/document/State_v_Hand_2016Ohio5504_Ohio_Aug_25_2016_Court_Opinion.

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