ACLU: American Civil Liberties Union of Ohio
Keeping America Safe and Free

Criminal Justice

Updated 07.05.11  For decades, Ohio politicians sought to be “tough on crime” by increasing criminal penalties. Now our courts are overflowing and prisons designed to house 38,000 people hold almost 51,000. Meanwhile, state and county budgets are strained by the resulting expenses and crime rates have not declined.

What's happening in Ohio


Employment After Conviction

Formerly incarcerated Ohioans face a number of challenges in the job market. Many employers turn away prospective workers if they have a criminal history, even when they are well-qualified, and the conviction is decades old and unrelated to their ability to do the job.

The ACLU of Ohio recognizes that people are more than just a criminal case file, and that all people should have a fair chance at employment. That is why we have joined a coalition of central Ohio groups to form First Step to a Second Chance. FSSC advocates on behalf of the formerly incarcerated to encourage city and county employers to make their hiring process fair for all who apply. To read more about the mission and work of FSSC, click here.


Reforming Ohio’s broken criminal justice system

The Ohio legislature took an important first step toward fixing our bloated system in passing House Bill 86. HB 86 made needed changes to the juvenile justice system and addresses Ohio's overcrowded prison system by:

  • Increasing the number of days prisoners can earn towards early release in return for participating in educational and vocational training programs;
  • Eliminating the crack-cocaine sentencing disparity;
  • Eliminating mandatory minimum sentences for many low-level drug crimes;
  • Increasing diversion programs for low-level drug offenders in lieu of conviction;
  • Raising the threshold used in determining penalties in theft-related crimes; and
  • Providing diversion programs for child support violators.

HB 86 enacts many of the commonsense reforms suggested in the ACLU of Ohio report, "Reform Cannot Wait: A Comprehensive Examination of the Cost of Incarceration in Ohio from 1991-2010.” The legislation also begins to address some of the concerns the ACLU of Ohio highlighted in "Overcharging, Overspending, Overlooking: Cuyahoga County's Costly War on Drugs."


Prisons for Profit
In April 2011, the ACLU of Ohio released "Prisons for Profit: A look at prison privatization". The report examines the problems faced by other states when they have privatized their prisons system. While yielding little cost savings, privatization poses substantial security and financial risks in communities that have housed them.

The ACLU also expressed concern that private prisons could undermine other needed criminal justice reforms by decreasing educational programming and not prioritizing reducing the inmate population.


Debtor’s Prisons Alive and Well in Ohio
Incarcerating a person simply because he or she cannot afford to pay court costs and fines is prohibited by state law and unconstitutional. The ACLU of Ohio has questioned one Erie County judge about his practice of jailing defendants who cannot or do not pay fines or fees, and is also investigating a pay-to-stay jail scheme in Monroe County.

In October 2010, the ACLU released “In For A Penny”, a startling new report that profiles five states — including Ohio — that imprison people because they cannot pay fines. The report highlights the negative consequences for budgets and public safety, noting that jailing one person for 30 days costs more than $1500, causes disruptions in employment, and can contribute to recidivism.


Evaluating criminal justice in Ohio

On July 26, 2010, the Council of State Governments released a report, Justice Reinvestment in Ohio: Analyses of Crime, Community Corrections, and Sentencing Policies.


The state of Ohio’s mental health treatment system

The Columbus Dispatch reported on the near collapse of Ohio’s mental health system and challenges it may face during 2011 budget cuts. Read the articles here and here.


Resources

Visit our Juvenile Justice, Police Practices, and Racial Justice issues pages for more information about our justice system.

Check out our Publications page for more resources on criminal justice.

Justice Policy Institute, Research on juvenile and criminal justice systems

Justice Reinvestment in Ohio: Analyses of Crime, Community Corrections, and Sentencing Policies, Council of State Governments Report, July 2010

Making a Killing: How Prison Corporations Are Profiting From Campaign Contributions and Putting Taxpayers at Risk, American Federation of State, County & Municipal Employees

Mothers Behind Bars, National Women's Law Center and the Rebecca Project for Human Rights, 2010

Pew Center on the States, Corrections and public safety research and publications

Read criminal justice news releases and articles in our News Center.

Browse our webcasts for criminal justice-related programs:
Audio webcasts
Video webcasts