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Old 01-26-2006, 02:27 PM   #31
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Parole with another name is not going to fool the supreme court. Either it's unconstitutional or not. First parole is unconstitutional, then it's OK if consented to. People are still paroled in Ohio; SB2 does not apply to crimes committed before July 1, 1996. So how is it still constitutional for those instances?
3, your looking too high. Look at Ohio Supreme court decision's to find the case.
Yes, people are still paroled in Ohio, because the people originally sentenced under the old law were still released under the old law, and must abide under the old rules.
How is it still constitutional? 3, There's a lot of people that would like to know that, but like I have already stated, all they really did was change parole to Post Release Control and Lengthen sentences.

How is it that even tho parole is unconstitutional, they can still use it on people sentenced under the old law?

Let me give you an example : In 1976, here in Ohio, there were people in Ohio that were in prison for possesion of less than an ounce of herb. That's right, less than an ounce. Imagine going to jail for three year's for three joint's. In the black day's, that's how it was. After de-crim. here in Ohio in 1976, we finally had misdeneanor possesion. We hoped that these people would be released from jail, but law's and crime's are not proactive.
The decision from the state was that these people had been sentenced under a different set of law's, so therefore must do the sentence assigned for that crime.

Activist's were outraged, protest's were mounted, letter's were written, because part of the reason this decrim. was passed was because of these poor men and women. All to no avail. The state held firm, bacause it would have set a precedent which could have been bad for all. If the law's were changed and the sentences went up, did that give them the right to raise sentences also? It could work against us ,too.

So...win one loose one. If you can get an ounce down to a misdeamenor, you have a big victory. You can work on, say, a quarter pound being a misdemeanor in a couple of year's.

Of course it's the utmost in cruelty to be imprisoned for marijuana possesion.
We all prayed for their release, but the state wouldn't waiver.

The state, by reducing the penalty for possesion, had recognised and ackowledged the widespread use of marijuana. Simple possesion was now on a par with a traffic ticket, a fine; we were winning.

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Old 01-26-2006, 06:13 PM   #32
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And I'd still like to know which Ohio Supreme Court case you keep refering to.
You still have not answered this. You have alleged that parole is double jeopardy, the burden of proof falls to you.

Parole is the administrative release of a prisoner, without judicial review, whose term has not expired, which is not possible under SB2. It is still possible to those who committed crimes before July 1, 1996, because SB2 was not made retroactive.
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