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by Andy Brownfield 08.01.2012
Posted In: 2012 Election, City Council, Government at 04:20 PM | Permalink | Comments (0)
 
 
city hall

Cincinnati Voters to Decide on Four-Year Terms

City Council approves ballot measure for non-staggered option

Cincinnati voters will decide in November whether to double the length of their council members' terms.

City Council voted 6-3 on Wednesday to put the ballot initiative before voters. The measure would have all nine members run at the same time, instead of a competing ballot initiative that would have staggered their terms.

“We are the only major city in Ohio that still has two-year terms for its leaders, and the cities that we compete with are also moving to four-year terms, including Louisville and as far as St. Louis, Minneapolis, Denver and Atlanta,” said Councilwoman Laure Quinlivan, who spearheaded the effort.

If approved by voters, the change wouldn’t affect council members serving currently and would go into effect in 2013.

Not every council member was thrilled with the idea.

“I think accountability is paramount, and I don’t see going from two-year terms to four-year terms as increasing the accountability citizens want,” said Councilman P.G. Sittenfeld, who was one of three new faces to join council in last year's election, which saw four Republican incumbents booted from City Hall.

“I’m sure it’s not lost on my colleagues that last November the electorate was craving change and wanted change, and if we had been in the middle of a four-year cycle they wouldn’t have had the opportunity to make that change and a substantial portion of this council … wouldn’t be sitting up here today.”

Sittenfeld equated an election to a job evaluation. He, along with councilmembers Chris Smitherman and Charles Winburn, voted against the ordinance.

Quinlivan has said her rationale for pushing four-year terms would be to eliminate the cycle that currently has sitting council members spending half of their terms campaigning.

Councilman Cecil Thomas said four-year terms would allow council members to focus on longer-term projects as well.

“Four years gives us plenty of time to gel together, to work together,” Thomas said.

Councilman Chris Seelbach attended all four public hearings council held throughout the city and called the number of people who support four-year terms “unbelievable.” Seelbach said he himself was “semi-conflicted” over the proposed changes, but was not conflicted over whether voters should have that choice: He voted in favor.

Mayor Mark Mallory was sure to remind councilmembers before their vote that they are forbidden from using city resources to campaign for a ballot initiative.

 
 
by German Lopez 07.30.2012
Posted In: News, Government, Governor at 08:52 AM | Permalink | Comments (0)
 
 
voters first

Morning News and Stuff

Ohio Voters First turned in a total of 750,000 signatures for its redistricting amendment to the Secretary of State by the end of Saturday. If 385,000 of those signatures are approved, the amendment will be put on the November ballot. On July 3, the organization turned in 450,000 signatures, but the office of Secretary of State Jon Husted said not enough signatures were valid, and the organization would have to turn in 130,000 more. In May, CityBeat covered the amendment in-depth when We Are Ohio joined forces with Voters First.

Gov. John Kasich announced the Ohio Medicaid program is being made into its own agency by July 1, 2014. Currently, it is part of the Ohio Department of Jobs and Family Services as the Office of Ohio Health Plans. The change is meant to improve the performance of the $18.8 billion Medicaid program. The 2014-2015 budget will include more information and changes to finalize the agency’s creation.

U.S. Housing and Urban Development Secretary Shaun Donovan will visit Cincinnati tomorrow. Donovan and Mayor Mark Mallory will speak with homeowners about how President Barack Obama’s refinancing plan could benefit them.

The first 2012 case of West Nile Virus was reported in Clermont County Friday. According to Ohio Department of Health officials, this year has an extraordinary amount of mosquitoes carrying the disease due to drought conditions.

A former Chick-Fil-A employee is suing the notoriously anti-gay restaurant chain for sexual discrimination. The lawsuit claims Brenda Honeycutt was fired by manager Jeff Howard so Honeycutt could become a “stay home mother.”

President Barack Obama is coming to Ohio again. On Wednesday, he’ll be making stops at Akron and Mansfield.

The U.S. economy slowed down in the first quarter of 2012 with a measly 1.5 percent growth rate.

Epidemiologists now have a crystal ball of sorts. A new algorithm scans tweets to predict when Twitter users will get the flu.
 
 
by Hannah McCartney 07.12.2012
Posted In: Republicans, State Legislature, News, Government at 01:05 PM | Permalink | Comments (0)
 
 
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Attempt to Overturn GOP Redistricting Moves Forward

Organization submits 450,000 petition signatures to Ohio Secretary of State

Ohio's House Bill 369 has been causing fuss across the state since it was signed into law by Ohio Gov. John Kasich last December, and opponents of the bill are close to getting an amendment onto the November ballot that would redesign the congressional districts instituted by the bill. 

On July 3, Voters First, a coalition established after HB-369's inception to combat the bill's Republican-led efforts to deliberately have congressional and legislative districts drawn in their favor, submitted 450,000 petition signatures to the Ohio Secretary of State — significantly more than the 385,000 signatures necessary to obtain a spot on the November ballot. At the end of the month, the Secretary of State will review the signatures and determine which are eligible, after which the coalition will have another set period to obtain more signatures, should the 385,000 not be met.

Opponents of HB-369 argue the drawing of last year's new congressional districts represents gerrymandering — when district boundaries are deliberately manipulated to favor a specific political party, grouping certain demographics strategically and distorting voter representations. According to Voters First, last year's secretive redistricting process was led exclusively by Republicans who deliberately disregarded public input.

They've been working to amass support for a new bill that would bring transparency and fairness to the redistricting process, which typically occurs every ten years following a census.

According to Dan Tokaji, an Ohio State University law professor and member of the Voters First coalition, the issue is one that crosses all party lines. "This is not a Republican vs. Democrat issue. [Gerrymandering] has been done by both parties. The opposition has been trying to characterize this as a Democrat-led effort."

What has happened, explains Tokaji, is that in Ohio the Republicans currently hold political control, so it just so happens that they jumped on the redistricting opportunity to create districts that specifically advantage them.

"You could throw a bucket of paint on the wall and it wouldn't be as ugly as these maps," says Tokaji.


In Cincinnati, the redistricting included more suburban and rural areas in the city's Congressional district, potentially giving Republicans greater weight in the district (CityBeat reported on the situation May 30 in response to We Are Ohio joining the effort to overturn the GOP-drawn maps.)

Voters First has proposed an amendment for the November ballot that would bring transparency and fairness to the redistricting process by establishing a 12-member "Ohio Citizens Independent Redistricting Commission" that would be made up of non-partisan Ohio citizens. According to Tokaji, members would have to go through an application process that would specifically eliminate politicians, lobbyists and large political donors.

Tokaji says the commission would bring to the redistricting process four key components that were deliberately absent in the 2011 process, including fairness, encouragement of competition, respect for community boundaries and compactness of districts.

"Ohioans across the political spectrum are just tired of politics as usual. They're sick of leaders acting in a selfish way. We need to change that.

To read the full text of Voters First’s proposed amendment, click here. For more information about Voters First or to sign the petition, click here.

 
 
by German Lopez 04.25.2012
Posted In: Republicans, Democrats, News, Public Policy, Government at 11:23 AM | Permalink | Comments (1)
 
 
jon_husted_518045c

Republicans Back Down on Voting Restrictions

Ohio GOP to repeal parts of its own passed legislation

This week, Republicans are moving forward with a partial repeal of HB 194, a bill that was blasted by voting rights groups for eliminating opportunities to vote early and disallowing pollworkers to guide voters to the correct precinct. The bill was also criticized by Democrats for curtailing voting rights in a way that made it harder for mostly Democratic constituents to vote.

The good news first: Most of HB 194 is being repealed. It’s good to see Republicans follow the advice of Ohio Secretary of State Jon Husted, a moderate Republican who called or the repeal of HB 194 earlier this year.

The bad news: Some new limits on voting rights are going to remain in place, and the entire repeal process, which involves the passing of SB 295, might be unconstitutional.

While it’s good to see HB 194 repealed, it’s not the only voting law Republicans enacted last year. The Ohio legislature also passed HB 224, which prohibited voting the Saturday, Sunday and Monday before election day.

For Democrats, this poses a bit of a problem. Democrats are happy to see most of the restrictions on voting repealed, but they want to see all of the restrictions repealed. If SB 295 passes, Democrats worry that the rest of the restrictions won’t be repealed because Republicans will think they have done enough.

Even the Obama team spoke on this issue. In an email to Obama supporters Tuesday, Greg Schultz, the Ohio State Director on the Obama team, urged voters to speak up: “This bill could mean an end to our last three days of early voting this November — and would change the rules, right in the middle of an election year. It's an unambiguous attack on our voting rights.”

The other problem is the repeal could be unconstitutional. After HB 194 passed, voters were quick to speak out against the new law and put it up for referendum in the November 2012 ballot. So Republicans are repealing a law that is already up for referendum. This is the first time that’s happened in the Ohio legislature, and Democrats claim it might be unconstitutional.

But a lot of that opposition may be pure political posturing. After all, Democrats were sure they were going to win the referendum on HB 194, and they were sure they could use it to get more supporters out to vote. With SB 295, the referendum of HB 194 could potentially be taken off the ballot, and state Democrats will lose one issue to hammer Republicans with in an election year.


In a sense, Democrats aren’t just upset about a “change of rules in the middle of an election year,” as Schultz put it in his email. They’re upset about a change in politics in the middle of an election year.


Regardless, SB 295 does have some legitimate problems. It’s good to see most of the draconian restrictions on voting repealed, but if Republicans really want to admit their mistake, they’ll repeal the rest of the restrictions as well.
 
 
by German Lopez 04.19.2012
 
 
streetcar

Rebuilding Cincinnati: City vs. Kasich

Cincinnati is moving forward, despite the better attempts of state Republicans

In his State of the City address last week, Mayor Mark Mallory called on Cincinnati to continue pushing for improvements. After years of stalling, projects like Washington Park’s renovation, the Horseshoe Casino and the streetcar are finally moving forward, and Mallory wants to make sure that work continues.

Politically and economically, it makes sense. Not only have voters approved of both the casino and the streetcar, but the projects will create jobs. Casino developers have already begun to fill what they promise will be 1,700 permanent jobs, and city estimates show the first segment of the streetcar will create 300 construction jobs and 25 permanent jobs.


But while voters and local politicians may approve, some state Republicans are doing their very best to tear the projects down. Gov. John Kasich, who dismantled Ohio’s passenger rail project, tried his hardest to continue his anti-transit rampage by railing against the streetcar in public speeches last year. He even ripped away more than $50 million in state funds from the project.


The casino has been a little luckier, but not by much. Kasich has claimed both neutrality and approval of casinos, but he has made building the Horseshoe Casino more difficult. Despite the fact Ohio has the highest casino tax in the nation, Kasich pushed for renegotiations for higher taxes and fees last year, ultimately delaying the casino’s opening from late 2012 to spring 2013.


For the governor, such actions probably make sense. Kasich has been an ardent supporter of tax cuts — sneaking them into every single budget even when Ohio had a reported $8 billion deficit. When he found massive education and health care cuts weren’t enough to close the gap he helped create, he moved onto casinos and transit projects.


Still, the projects move forward. Kasich and other state Republicans have not been successful in killing them off, largely thanks to local voters and local politicians pushing back.


Last year, voters rejected Issue 48, which tried to ban all investments in rail transportation for the next decade. Last week, Mallory announced CAF USA was already drawing up designs for the streetcar, and the first car could be finished as soon as 18 months from now.


Meanwhile, the casino’s construction is 35 to 40 percent complete, according to developers. This is despite an accident in January that resulted in the injury of 20 workers after a steel beam fell and caused a floor to partially collapse.


But what needs to be clear is that these developments are in spite of state Republicans like Kasich. When these job-creating projects are said and done, it’s important credit goes where credit is due — straight to local voters and local politicians.
 
 
by Danny Cross 04.18.2012
Posted In: Police, Social Justice, Government at 09:57 AM | Permalink | Comments (0)
 
 
5344029

Estate of David 'Bones' Hebert Files Wrongful Death Suit

Lawsuit against Sgt. Andrew Mitchell filed one day before anniversary of shooting

The estate of David “Bones” Hebert filed a lawsuit on Tuesday against Cincinnati Police Sgt. Andrew Mitchell alleging wrongful death and battery in the April 18, 2011, shooting death of the 40-year-old musician. The plaintiff in the case is listed as Paul Carmack, administrator of the estate of David Hebert.

The lawsuit claims that Hebert was complying with instructions given by an investigating officer when he was shot and killed by Mitchell. The suit claims excessive force was used and that Mitchell “acted intentionally, recklessly, wantonly, and with deliberate indifference to the constitutional rights of Mr. Hebert.”

Hebert was shot and killed by Mitchell after officers responded to a 911 call around 3 a.m. during which an intoxicated man alleged to have been robbed by Hebert and assaulted with a pirate sword. Hebert was located sitting on a sidewalk on Chase Avenue in Northside about 10 minutes later. During subsequent questioning, officers say Hebert drew a knife and moved toward an investigating officer, causing Mitchell to believe the officer’s life was in danger. Mitchell shot Hebert twice, killing him. Toxicology reports found Hebert to have a blood alcohol content of 0.33 at the time of his death, along with marijuana and psychedelic mushrooms in his system.

Three investigations cleared police of any wrongdoing, but Friends of Bones says the facts from the investigations show Hebert complied with police orders during the encounter.

The lawsuit demands a trial by jury and compensatory and punitive damages, along with attorney’s fees, costs, disbursements and additional relief as the court deems proper. The suit, which is embedded below, was published on the “Friends of Bones” website (www.friendsofbones.org).

The incident has drawn considerable media attention, especially this week in conjunction with the anniversary of the shooting.

The Cincinnati Enquirer on Monday published a story titled “Reports: Cops came too close in killing of David 'Bones' Hebert” comparing accounts of the incident in public records to standard Cincinnati Police Department guidelines, which concluded that “police officers got dangerously close and failed to have a plan before approaching Hebert, who police thought was carrying a sword or large knife.”

Cincinnati Magazine’s May issue will feature a story, “Salvaging Bones,” which is subtitled: “David Hebert was a lot of things: the dreadlocked maker of burritos; a punk rocker; a womanizing, tatted-up former Jesus freak with a kind heart and a wild streak. What he wasn’t was a guy you’d expect to find dead at the end of a police standoff.”

CityBeat on Sept. 14, 2011 published a story titled “Digging Up Answers for Bones” in which friends and family of Hebert alleged that Hamilton County Prosecutor Joe Deters’ closing of the investigation was politically motivated.

CityBeat on May 4, 2011 published a story titled “A Shot in the Dark,” detailing the early questions that surrounded the incident.

 
 
by German Lopez 04.10.2012
 
 
187640-personhood

Republican 'War on Women' Marches Forward

Election year causes GOP candidates to downplay rhetoric, but legislation remains

Jobs, jobs, jobs. That is what Republican House Speaker John Boehner said would be priority No. 1 for Republicans after sweeping the House of Representatives and many state legislatures in 2010. This, Republicans said, was why they were elected: People wanted to see changes in the economy fast.

But, apparently, there was one other priority.

Almost immediately after coming into office in 2011, Virginia Republicans set the national stage for vital women’s health issues. House Bill 1 — the first bill Virginia Republicans chose to take on — was a personhood bill, a bill that define life beginning at conception. Not only would the bill have banned abortion, it would also have banned the birth control pill, which sometimes prevents birth by stopping the implantation of a fertilized egg.

An impartial observer might wonder why a personhood bill would be a top Republican priority. After all, the same election that put all these Republicans in power also had a personhood bill overwhelmingly rejected in Mississippi — a state so socially conservative that 46 percent of Mississippi Republicans want to make interracial marriage illegal, according to a recent poll from Public Policy Polling.

Nonetheless, this was the issue Virginia Republicans decided to give serious attention. In an economy with a 9 percent unemployment rate at the time, this was the most important issue to Virginia Republicans.

Ohio wasn’t much luckier with its crop of Republicans. Five months after inauguration, the Ohio House passed its “heartbeat” bill, or H.B. 125. To this day, it’s the most radical anti-abortion bill in the country. Not only would it ban abortion when a fetal heartbeat is detected, but the bill makes no exceptions for rape, incest or life-threatening circumstances.

Ohio and Virginia were not alone. Republicans were pushing anti-abortion, anti-contraception bills all around the nation. Pennsylvania, Kansas, Mississippi and Texas all made national headlines with their own bills. In more than 20 states, bills have been introduced to restrict insurance coverage of abortions, according to ABC News. At the federal level, Republicans have made funding for Planned Parenthood a top issue time and time again, and insurance companies covering contraception recently became such a big issue that the White House had to step in.

So much for keeping the government out of health care. The same political party that clamored for small government now couldn’t wait to regulate women’s health care. Apparently, the economy is too much for the government to handle, but every woman’s uterus is fair game.

There has been some backlash. After Virginia tried to pass a bill that would force doctors to give patients seeking abortion a transvaginal ultrasound, women’s health advocates in states across the nation organized protests, leading to governors and state legislatures beginning to back down in their rhetoric. Even Virginia Gov. Bob McDonnell, a Republican who originally supported the transvaginal ultrasound bill, has been downplaying his involvement in Virginia’s anti-abortion, anti-contraception bills.

Now, Mitt Romney, the likely GOP nominee for president, is facing some of the backlash. In a recent Gallup poll, women came out severely against Romney. In the category of women under 50, Obama held 60 percent of voters, while Romney held only 30 percent. That’s right, Obama now leads with women under 50 by a two-to-one margin.

But while that may stop some rhetoric, the bills and laws are still coming forward. The Ohio heartbeat bill is still being pushed by some Republicans in the Ohio Senate, and a personhood initiative could show up in Ohio’s 2012 ballot after a stamp of approval from Ohio Secretary of State Jon Husted. Mississippi also plans to reintroduce its personhood initiative in the 2012 ballot, and other states are beginning to pass around petitions for their own initiatives as well.

In the end, one is left to wonder what could stop social conservatives. Public backlash and poor polling don’t seem to be enough to stop the Republican war on women, and in some cases it might have actually emboldened them.

 
 
by Kevin Osborne 04.06.2012
 
 
afsdsa

Analysis: 'Stand Your Ground' States Have More Shootings

Shadowy ALEC group helps push for the laws

An analysis of U.S. crime data by a British newspaper has found there’s been a 25 percent increase in civilian justifiable homicides since the controversial “stand your ground” (SYG) laws started being introduced in 2005.

London’s Guardian newspaper analyzed data from FBI and state sources. It concludes that the spike in civilian justifiable homicides is related not only to SYG laws, but also weak gun control laws in certain states.

Florida was the first state to introduce an SYG law in 2005 and similar measures have now been adopted in some form by more than 20 states. Most were passed in 2006. Ohio doesn’t yet have such a law, but it’s believed that gun advocates might be planning a campaign for one here soon.

Florida’s SYG law is expected to be part of the defense made for George Zimmerman, if he is charged with a crime. Zimmerman was the neighborhood watch volunteer who shot and killed an unarmed African-American teenager, Trayvon Martin, Feb. 26 in Sanford, Fla. The incident has triggered widespread public outrage.

The Guardian’s analysis shows that SYG laws alone cannot be statistically linked with the rise in justifiable homicides. But in states with both SYG laws and the weakest gun control laws — as defined by the Brady Campaign to Prevent Gun Violence — it found a statistical correlation with an increase in justifiable homicides.

Across the United States, such killings have risen sharply over the past five years, according to the data provided by the FBI and the Florida Department of Law Enforcement. From 2001-05, there were 1,225 homicides classified as justifiable, compared to 1,528 in the period 2006-10. By contrast, violent crime overall has been falling.

"The police are shooting more people and citizens are shooting more people. We're evolving into an increasingly coarse society with no obligation to diffuse a situation and rapidly turn to force,” said Professor Dennis Kenney, of John Jay College of Criminal Justice in New York and an ex-police sergeant in Florida. "People are literally getting away with murder."

SYG laws allow a potential crime victim who is in fear of “grave harm” to use deadly force in public places, not just inside their own homes. They eliminate the legal requirement to retreat before a person may claim he or she acted in self-defense.

SYG laws have been pushed by the American Legislative Exchange Council (ALEC), which drafts model legislation for state lawmakers to use.

State Sen. Bill Seitz (R-Green Township) is among ALEC's leaders, as CityBeat has previously reported here and here. The group, which held its annual meeting in Cincinnati last spring, has a membership of nearly 2,000 state legislators and around 300 private-sector members.

Funded by the Koch brothers, the National Rifle Association, oil companies and others, ALEC’s model bills have served as the template for "voter ID" laws that swept the nation in 2011, for the voucher programs that privatize public education, for anti-immigrant legislation, and for the wave of anti-labor union legislation pushed during the past two years in Ohio, Wisconsin, Indiana, Arizona, New Hampshire and elsewhere.

This week Coca-Cola and PepsiCo dropped their memberships in ALEC, amid the threat of boycotts.

In 2010 National Public Radio reported that Corrections Corp. of America (CCA), a private-sector ALEC board member, participated in the drafting of Arizona Senate Bill No. 1070. The report documented the behind-the-scenes effort to draft and pass the law and how the CCA stood to benefit from people incarcerated under it.

Marvin Meadors, a Huffington Post contributor, has described ALEC as “a bill-churning mill which uses corporate money to draft model legislation that advances the agenda of the Far Right and encourages crony capitalism.”

 
 
by Hannah McCartney 03.05.2012
Posted In: Governor, Government, Ethics at 12:52 PM | Permalink | Comments (2)
 
 
prison_profit

ACLU of Ohio Protests Privatizing State Prisons

Says it will add to state budges, hurt public safety and lead to unnecessary incarcerations

There are certain institutions in the U.S. that we don't like to think of as strictly profit-seeking endeavors. It can be difficult to swallow that (supposedly) do-good establishments like retirement homes, textbook companies and hospitals exist to bring in revenue rather than serve the needs of a community without waiver. In Ohio, one state prison is already that a business and others could soon follow suit. 

In September of 2011, Ohio became the first state in the nation to sell a state prison facility to a private prison company when the Lake Erie Correctional Institute in Ashtabula County was sold to the Corrections Corporation of America, the nation's largest prison operator, for $72.7 million.

The idea to privatize Ohio prisons was concocted by Gov. John Kasich in an attempt to fill an $8 billion hole in Ohio's budget. The sale brought in an extra $50 million to use in balancing Ohio's prison budget.

Kasich's budget strategy included an overhaul of Ohio's Department of Rehabilitation and Correction, which means that private prison facility owners would actually benefit from more incarcerations. Now, CCA has made an offerto  48 U.S. states to buy and privatize state prisons. The offer, the Corrections Investment Initiative, outlines CCA's plan to spend up to $250 million on state, local and federal entities and then manage the facilities. According to the CCA's statement from Harley Lappin, Chief Corrections Officer at CCA, they're only interested in buying facilities that are willing to sign over rights of ownership to the CCA for a minimum of 20 years, and states must agree to keep the facilities at least 90 percent full.


With six million Americans in the corrections system, the U.S. already has the highest rates of incarceration in the world — including per capita and in absolute terms surpassing countries like Iran, China and Russia. CCA'S website glorifies its mission as noble; a video on the home page shows a patriotic, proudly waving flag. Text touts its strategies as forward-thinking and altruistic, noting that they are "protecting public safety, employing the best people in solid careers, rehabilitating inmates, giving back to communities, and bringing innovative security to government corrections."

The ACLU of Ohio has issued a statement strongly opposing the change; it argues that privatizing state prisons will add debt to state budges, hurt public safety and lead to more unnecessary incarcerations. According to "Prisons for Profit: A Look at Prison Privatization," a report published by ACLU-Ohio, privately-run prisons only offer a short-term infusion of cash, not long-term savings. "Cost savings in privately run facilities [like those run by CCA] are achieved by cutting the pay of workers," says Mike Bricker, ACLU Director of Communications and Public Policy. Corrections officers in private facilities make significantly less and receive far less benefits than those in public facilities. This difference, he says, results in an astronomically higher turnover rate in private facilities. "When something bad happens, they leave," he says.

The high turnover rate makes for a consistently less experienced staff, which means officers aren't as well-prepared when a bad situation does arise. He cites an example when cutting corners came at a high price: A CCA-run Youngstown facility that opened in 1997 brought in 1,700 violent inmates from Washington, D.C. at what was supposed to be a medium-security prison. Over the course of a year, there were 16 stabbings, two murders and six escapes; the situation became such a concern to the community that Youngstown sued CCA in 1998 and the facility was shut down.

According to Brickner, the smallest incident is enough to negate the short-term revenue from privatizing prisons; when the main objective is profit, privatized prisons want to book non-violent offenders who won't be in facilities for a long period of time. That means cells become overcrowded when minor offenders could be in rehabilitation, and extremely violent detainees tend to be managed improperly.

"It is inherently wrong to allow private businesses to make a profit off the incarceration of others," said Brickner in an ACLU press release. “Our state’s prison system is bloated, and private corporations have a vested financial interest to ensure our prisons remain full. If state officials have any hope of shrinking our prison population, we must implement transformative criminal justice reform policies and reject interests that grow our prison system.”

Brickner suggests that concerned citizens contact their elected representatives to express their opposition to privatizing prisons. Read the ACLU's full report on privatizing prisons here.

 
 
by Hannah McCartney 02.17.2012
Posted In: Public Policy, Ethics, Government at 01:26 PM | Permalink | Comments (0)
 
 
courtgavel

Ohio Executions On Hold

Supreme Court upholds lower court ruling that state has failed to follow proper protocol

A ruling that resulted in a temporary halt in Ohio executions last week means there are 148 inmates on Ohio's death row with uncertain futures. Ohio's death penalty is currently under scrutiny, largely due to opposition that's been raised from documented failures to follow protocol in state executions.

In January, Federal District Court Judge Gregory Frost of Newark, Ohio halted condemned murderer Charles Lorraine's Ohio execution because Ohio has allegedly demonstrated problems over the last several months upholding the execution protocol the state put in place itself in 1981. On Feb. 8, the U.S. Supreme Court upheld Frost's decision, saying that because Ohio had been proven to stray from its own execution policies, it couldn't be trusted to carry out Lorraine's execution or any other death sentences. The next execution in Ohio is scheduled for April.

Frost is one of several advocating for the abandonment on Ohio's death penalty. "For close to eight years, the Court has dealt with inmate challenges to the constitutionality of Ohio’s execution protocol. During that time, the litigation has morphed from focusing primarily on allegations of cruel and unusual punishment to allegations of equal protection violations. Ohio has been in a dubious cycle of defending often indefensible conduct, subsequently reforming its protocol when called on that conduct, and then failing to follow through on its own reforms," said Frost in his written opinion.

He goes on to describe instances in which state agents lied to the Court concerning state executions, expressing frustration about the state's lack of commitment to constitutional execution. "No judge is a micro-manager of executions and no judge wants to find himself mired in the ongoing litigation in which he must continually babysit the parties," said Frost.  

That's just a piece of it; there are other judicial bigwigs hoping to have Ohio's death penalty overturned, including Senior Associate Justice for the Ohio Supreme Court Paul Pfiefer, who helped write Ohio's death penalty law when he was a state senator more than 30 years ago. According to Pfeifer, he's changed his mind because he sees the option of life without the possibility of parole more moral and socially beneficial.

Evidently, most of the deviations from the execution regulations were minor paperwork technicalities. Huffington Post reports the errors included switching the official whose job it was to announce the start and finish times of the lethal injection and not properly documenting that the inmate's medical records were reviewed.

Those in support of the hold, however, make another point. Controlling life and death is the most important power the state of Ohio holds; if it can't follow minor rules that it set for itself, who's to say there won't be larger, more detrimental errors in the future?
 
It's difficult to tell whether or not Ohio will just get a slap on the wrist for its slip-ups or if reform will be seriously considered. The death penalty has almost always been a part of Ohio's history, since it became a state in 1803. Ohio ranked third in the U.S. for executions among the 34 states that have the death penalty in 2011.

Listen to Paul Pfeifer and hear more about the controversy on The Sound of Ideas radio program below.

 
 

 

 

 
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