attorney_james_bogen_the-reality-of-prisons-and-jails

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Ask an Attorney: The Reality of Prisons and Jails

James F. Bogen
Published on September 1, 2009

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One thing I have noticed in the last year with all of the issues surrounding the crowding issues at the Hamilton County Justice Center (the jail) is some of the misconceptions average people have about our justice system. The biggest one I hear regularly is that the crowding at the jail is the reason why dangerous criminals are on the streets and end up killing or raping people. This myth was first played up by some proponents of the last jail tax issue that failed. The campaign ad in question centered around an individual whose case I had worked on who was facing an aggravated murder charge and possibly the death penalty at the time. This ad claimed that an overcrowded jail was the reason why this individual was not already locked up for a long time. Nice try.

The truth is, a person is only held at the jail if he has a pending criminal case and has not posted bond, or if he has been sentenced to incarceration of no more than six months for a criminal charge, usually a misdemeanor. Our local jail is run by the Sheriff’s Department. If a person has been sentenced to incarceration for a felony charge for more than six months, then he serves it in a STATE PRISON, which is run by the Ohio Department of Corrections. If a person is not serving a longer prison sentence, it is not because of crowding at the local jail. It is like comparing apples and oranges.

Additionally, these same people fail to realize that if a person does not have a pending criminal case or if a person is not currently set to serve a term of incarceration, there is no reason for that person to be locked up. The above-mentioned defendant was not under any legal obligation to be staying in any detention or correctional facility at the time he killed his victim. One would think that the average person knows that law enforcement can’t just lock up a person who has no pending charges. However, the misleading jail tax ad in question failed to mention that.

Finally, I should ad here that the City of Cincinnati does not run any of the local correctional facilities. It is not responsible for the jail, River City Correctional Facility, Talbert House, or any other facility. I mention this because I have also seen people try to say that the City of Cincinnati should be focusing on building a jail. Again, another misconception.

With the ever-present issue of violent crime in Cincinnati, it is understandable that the public would want to see action and solutions. Add on the budget problems that are plaguing Hamilton County, the City of Cincinnati, and the State of Ohio, and one could see how frustration can boil over into misconceptions by the public. Yes, there are problems. But pushing for solutions based on misconceptions will not help.

James Bogen is an attorney in solo practice in Cincinnati. Any questions or comments can be directed to Mr. Bogen at attorneybogen@yahoo.com.

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