Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable doubt; eventual rejection of seven affirmative defenses which the legislature decided to leave to case law; expanding the definition of rape and creating new sex offenses, such as gross sexual imposition and other changes to sex offense statutes;
Harry J. Lehman and Alan E. Norris,
Some Legislative History and Comments on Ohio's New Criminal Code
23 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol23/iss1/33