SHOCK PROBATION IN OHIO - A NEW CONCEPT IN CORRECTIONS AFTER SEVEN YEARS IN THE COURTS

• NCJ Number: 14751
• Journal: Capital University Law Review Volume: 3 Issue: 1 Dated: (1974) Pages: 33-52
• Author(s): W AMMER
• Date Published: 1974
• Length: 20 pages
• Corporate Author: Capital University Law Review
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PRESENT STATUS AND REVIEW OF SOME PROBLEMS IN JUDICIAL CONSTRUCTION OF THE OHIO STATUTE GRANTING A HEARING IN THE TRIAL COURT FOR PROBATION AFTER THE DEFENDANT HAS SERVED 30 DAYS OF INCARCERATION.

Abstract

STATISTICS SHOW THAT APPROXIMATELY 90 PERCENT OF THOSE GRANTED SHOCK PROBATION COMPLETED THEIR TERMS SUCCESSFULLY (WITHOUT RECOMMITMENT TO A CORRECTIONAL FACILITY). AMONG THE PROBLEMS PRESENTED BY THE LANGUAGE OF THE STATUTE WERE WHETHER THE DEFENDANT AND/OR HIS COUNSEL MUST BE PRESENT AT THE HEARING, WHETHER NONCOMPLIANCE WITH THE TIME LIMITS FOR REQUESTING A HEARING DEPRIVED THE COURT OF JURISDICTION, AND WHETHER THE CRITERIA FOR SHOCK PROBATION WERE ANALOGOUS TO THOSE USED IN ORDINARY PROBATION AND PAROLE.