Description
Under Ohio law, “[a] person is subject to criminal prosecution and punishment in [Ohio] if . . . [t]he person commits an offense under the laws of this state, any element of which takes place in this state.” Ohio Rev. Code § 2901.11(A). In fact, one could potentially be prosecuted in an Ohio court for a violation of an Ohio law even if the person was not physically located in the state of Ohio when that crime was committed. See, e.g., Ohio Rev. Code § 2901.11(A)(3)-(7).
Look at Ohio Rev. Code § 2919.21, which makes it a crime for a person to fail to support that person’s child. Consider the fairness of the following scenario: A and B are a couple who live in Florida. While living in Florida, A and B have a child, C. Unfortunately, after C is born, A and B terminate their relationship and A is ordered by the state of Florida to pay child support to B for C. B and C then move to Ohio. While B and C reside in Ohio, A fails to pay child support and is then charged with a crime under Ohio Rev. Code § 2919.21.
In this scenario, does Ohio have jurisdiction to charge and convict A for a criminal violation of Ohio law? Should Ohio have jurisdiction to hear a criminal case against A for failure to pay child support?
Before answering these questions in the graded Discussion for this topic, consider the following cases:
State v. Coley, 1st Dist. Hamilton No. C-040031, 2004-Ohio-5498
State v. Vanderpoll, 9th Dist. Summit No. 22803, 2006-Ohio-52
In a discussion post, answer the following questions:
Under the law, does Ohio have jurisdiction to charge and convict A for a criminal violation of Ohio law? Explain your answer using the statute and case law provided.
Is it fair to charge A in Ohio and make A defend a criminal action there despite not being physically present in Ohio at the time of the alleged crime?
Why might someone disagree with your opinion regarding the fairness of charging A in Ohio?
Be sure to completely state your conclusions and explain the reasons supporting your conclusions in detail. Your answer to each of these questions should be at least 3 sentences in length. Also, please reference at least two resources you used to develop your answers and cite them in a “Works Cited” list at the end of your submission, as well as include in-text citations within your answer identifying where those resources are being referenced in your answer.After you have posted your responses, read through the responses posted by your classmates, and reply to two classmates’ postings. In replying to a student’s response, explain in detail why you agree or disagree with the other student. As always, be respectful of other students’ opinions.This Discussion is worth 20 points. See the Grading Rubric for further detail.
