The public should have access to Ohio’s proposed criminal-sentencing database: Eric Foster

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The public should have access to Ohio’s proposed criminal-sentencing database: Eric Foster
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OPINION: The reason the database is not up and running right now is because Ohio judges are still having a conversation about whether the information in the database should be kept secret, writes Eric Foster.

. The Commission stated, “A data-informed approach allows for the creation of sound state policy, which leads to maximized public safety, a reduction in recidivism, and equalized justice.”

This conversation largely took place outside of public forums until last week. Last week, cleveland.com’s Cory Shaffer reported that the Ohio Common Pleas Judges’ Association — through its president, Morrow County Common Pleas Court Judge Robert Hickson — expressed its desireJudge Hickson wrote, “In short, the OCPJA has significant concerns that broad accessibility to the data would negatively impact the independence of the judiciary and interfere with its discretion in sentencing decisions.

We all appreciate and understand being concerned that, if information in the database is made publicly accessible, it can be used to critique how judges use their judicial discretion. But any public official can tell you, critique is part of the game. Life in the public sphere requires a thick skin. You pave your way with the stones that people throw at you.

The OCPJA is understandably concerned about the publicly accessible database being used to vilify judges. Yes, that might happen. But what the OCPJA forgets is that they themselves have the ability to limit that risk. Or, if not limit it, at least put themselves in a position to have a clear and concise response readily available when it occurs.

Suppose all of Ohio’s sentencing judges agreed to start putting information into a sentencing database beginning on Jan. 1, 2023. What that would mean is that, from that date forward, all of them, even the concerned ones, would have the knowledge that the public is watching. Armed with that knowledge, judges can anticipate possible critiques as they perform their duties.

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