Oregon Ballot Measure 11 (1994)

Last updated

Measure 11, also known as "One Strike You're Out" [1] , was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against. [2]

Initiative means by which a petition signed by a certain minimum number of registered voters can force a public vote

In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote in parliament called an indirect initiative or via a direct initiative, the latter then being dubbed a Popular initiated Referendum.

Oregon State of the United States of America

Oregon is a state in the Pacific Northwest region on the West Coast of the United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. The parallel 42° north delineates the southern boundary with California and Nevada. Oregon is one of only three states of the contiguous United States to have a coastline on the Pacific Ocean.

Statute Formal written document that creates law

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

Contents

The sentencing judge cannot give a lesser sentence than that prescribed by Measure 11, nor can a prisoner's sentence be reduced for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. [3]

Minimum sentences mandated by Measure 11 [4]
CrimeMinimum sentence
Aggravated Murder30 to life
Murder 25 years
1st degree Manslaughter 10 years
Conspiracy to Commit Aggravated Murder10 years
Attempted Aggravated Murder10 years
1st degree Unlawful sexual penetration 8 years, 4 months
1st degree Sodomy [5] 8 years, 4 months
1st degree Rape 8 years, 4 months
1st degree Arson with Threat of Serious Injury7 years, 6 months
1st degree Robbery 7 years, 6 months
1st degree Kidnapping 7 years, 6 months
1st degree Assault 7 years, 6 months
Conspiracy to Commit Murder7 years, 6 months
Attempted Murder7 years, 6 months
1st degree Sexual abuse 6 years, 3 months
2nd degree Unlawful sexual penetration6 years, 3 months
2nd degree Sodomy [5] 6 years, 3 months
2nd degree Rape6 years, 3 months
2nd degree Manslaughter6 years, 3 months
Pornographic Exploitation of a Child 5 years, 10 months
Compelling Prostitution5 years, 10 months
These are probable sentences: [6]
2nd degree Assault5 years, 10 months
2nd degree Kidnapping5 years, 10 months
2nd degree Robbery5 years, 10 months

The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. [3]

The measure was placed on the ballot via initiative petition by Crime Victims United, a tough-on-crime political group. Then-State Representative Kevin Mannix, who sponsored the measure, has since argued that violent criminals cannot be reformed through probation or short prison sentences, and that the time they are kept incarcerated is itself a benefit to society. [7]

Oregon House of Representatives lower house of the Oregon Legislative Assembly

The Oregon House of Representatives is the lower house of the Oregon Legislative Assembly. There are 60 members of the House, representing 60 districts across the state, each with a population of 65,000. The House meets at the Oregon State Capitol in Salem.

Kevin Mannix American politician

Kevin Leese Mannix is an American politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.

Ballot Measure 10, also passed in 1994, permitted the Oregon Legislative Assembly to change Measure 11, but only with a 2/3 vote in each chamber. The legislature has done so several times. [3] [8] [6]

Oregon Legislative Assembly legislative body of Oregon, USA

The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to two-year terms. There are no term limits for either house in the Legislative Assembly.

A supermajority or supra-majority or a qualified majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for majority.

Proponents of Measure 11 argued that judges had been too lenient in sentencing violent offenders. They saw the measure as critical for lowering crime rates.

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Opponents of Measure 11 argued that judges should be allowed discretion in sentencing and should be able to account for the particular circumstances of a given crime. They also objected to the requirement that many youth defendants be tried as adults. [9]

Oregon's prison population increased after Measure 11, and as of 2004, 41% of the growth was attributed to the direct or indirect impact of Measure 11. Crime rates in Oregon decreased between 1994 and 2000, but increased in 2001; opponents of Measure 11 noted that the trend mirrored national trends, while acknowledging that some likely re-offenders were imprisoned as a result of the law. [3]

The effectiveness of Measure 11 to deter crime is further questioned when compared to research about mandatory minimums. Research has repeatedly disproven mandatory minimums as public safety tools. For example, a 1993 meta-analysis report compiled from 50 different studies found mandatory minimums’ lengthier prison sentences produced higher rates of recidivism and a tendency for lower-risk offenders to experience more negative outcomes. [10]

Background and context

Prior to 1989, Oregon judges would decide whether a convicted felon should be put on probation or sent to prison, and for those sent to prison, set a maximum sentence (known as an "indeterminate sentence.") [11] Based on a subsequent decision by the Parole Board, which used an assessment of good behavior, rehabilitative efforts, and criminal case, the average offender would serve a fraction of the sentence handed down by the judge. [11]

The Oregon Legislative Assembly established felony sentencing guidelines in 1989, in an attempt to achieve the following four goals: [11]

Parole release for most offenders was abolished by the establishment of these guidelines. The Board of Parole and Post-Prison Supervision continues to have release authority over those prison inmates sentenced for crimes committed prior to November 1, 1989, those sentenced by the courts as dangerous offenders, and for murderers and aggravated murderers who are eligible for parole, regardless of the date of their crimes. Other prisoners began serving at least 80% of their sentences. [11]

Measure 11, passed in 1994, affected only specific crimes, which were covered by the sentencing guidelines from 1989 to 1994. [11]

Various exceptions exist to the guidelines, and to Measure 11 restrictions on sentencing. [11]

Impact on Youth

In February 2018, Oregon Council on Civil Rights, in collaboration with the Oregon Justice Resource Center, released a report on the impact of Measure 11 on Oregon's young people and whether the law is out-of-step with legal and scientific developments of recent years. [10]

The report looks at Measure 11 and its impact on youth from a variety of perspectives for a thorough review. It includes:

Some key statistics: [10]

Political impact

The passage of Measure 11 was a central issue of Governor John Kitzhaber's first term, and remains a matter of controversy in Oregon politics. Supporters credit Measure 11 for reducing crime rates. [12] Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes, due to fear of mandatory sentences. [13]

In 2000, Measure 94 was put on the ballot in an attempt to repeal Measure 11. This measure was defeated 387,068 to 1,073,275. [14]

See also

Related Research Articles

<i>Juvenile Delinquents Act</i>

The Juvenile Delinquents Act, SC 1908, c 40 was a law passed by the Parliament of Canada to improve its handling of juvenile crime. The act established procedures for the handling of juvenile offenses, including the government assuming control of juvenile offenders. It was revised in 1929 and superseded in 1984 by the Young Offenders Act.

In the United States, habitual offender laws were first implemented on March 7, 1994 and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person guilty of committing both a severe violent felony and two other previous convictions to serve a mandatory life sentence in prison. The purpose of the laws is to drastically increase the punishment of those convicted of more than two serious crimes.

Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.

A habitual offender, repeat offender, or career criminal is a person convicted of a new crime who was previously convicted of a crime(s). Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.

Juvenile court Court to try minors for legal offenses

A juvenile court is a tribunal having special authority to pass judgements for crimes that are committed by children or adolescents who have not attained the age of majority. In most modern legal systems, children or teens who commit a crime are treated differently from legal adults that have committed the same offense.

In England and Wales, life imprisonment is a sentence which lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole after a fixed period set by the judge. This period is known as the "minimum term". In some exceptionally grave cases, however, a judge may order that a life sentence should mean life by making a "whole life order."

A presentence investigation report (PSIR) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. The PSIR has been said to fulfill a number of purposes, including serving as a charging document and exhibit proving criminal conduct, and is said to be akin to a magistrate judge's report and recommendation.

In the United States, 1 in 2,000 people are imprisoned for life. This is similar to the total imprisonment rate in Japan, which is roughly 51 per 100,000 residents. There are many U.S. states in which a convict can be released on parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years. The laws in the United States divide life sentences between "determinate life sentences" and "indeterminate life sentences." For example, sentences of "15 years to life," "25 years to life," or "life with mercy" may be given, which is called an "indeterminate life sentence." A sentence of "life without the possibility of parole" or "life without mercy" is called a "determinate life sentence" because a sentence of "15 years to life" means that it is a life sentence with a non-parole period of 15 years. Parole is not guaranteed but discretionary and so that is an indeterminate sentence. Even if a sentence specifically denies the possibility of parole, government officials may have the power to grant an amnesty, to reprieve, or to commute a sentence to time served.

In the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, all sentences in the US must conform to the requirements of the Constitution, which sets basic mandates while leaving the bulk of policy-making up to the states.

2008 Oregon Ballot Measure 57

Oregon Ballot Measure 57 (2008) or Senate Bill (SB) 1087 was a legislatively referred state statute that increased term of imprisonment for persons convicted of specified drug and property crimes under certain circumstances. The measure enacted law which prohibits courts from imposing less than a presumptive sentence for persons convicted of specified drug and property crimes under certain circumstances, and requires the Department of Corrections to provide treatment to certain offenders and to administer grant program to provide supplemental funding to local governments for certain purposes.

2008 Oregon Ballot Measure 61

Oregon Ballot Measure 61 was an initiated state statute ballot measure that enacted law to create mandatory minimum prison sentences for certain theft, identity theft, forgery, drug, and burglary crimes.

Criminal sentencing in Canada

In Canada, the criminal law is governed by the Criminal Code, a federal statute. The Criminal Code includes the principles and powers in relation to criminal sentences.

Criminal justice system of the Netherlands

The criminal justice system of the Netherlands is the system of practices and institutions of the Netherlands directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. The Netherlands' criminal code is based on the Napoleonic Code, imposed during the time of the French Empire. The Dutch largely kept the Napoleonic Code after their independence, but tempered it with a significantly more rehabilitative penological focus.

10-20-Life

The Florida Statute 775.087, known informally as the 10-20-Life law, is a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony. The Florida Statute's name comes from a set of three basic minimum sentences it provides for. An ongoing public service announcement campaign has accompanied the law since its passage under the slogan, "Use a gun, and you're done."

Rehabilitation policies are those that intend to reform criminal offenders rather than punish them or segregate them from the greater community.

Sentencing in England and Wales refers to a bench of magistrates or district judge in a Magistrate's Court or a judge in a Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including his/her criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

The North Carolina Structured Sentencing Act was adopted and implemented in order to give the judge a specific set of standards to follow when sentencing a person. There was a need to change the way that criminals were sentenced in order to lower the prison population, and ensure that the people that were spending time in prison were there for necessary reasons, and that they were serving an adequate amount of time based on their criminal history, and their current level of crime. The structured sentencing act put fair and clear cut guidelines for a judge to follow, while ensuring the publics interest was still being looked after.

2012 California Proposition 36

Proposition 36, also titled A Change in the "Three Strikes Law" Initiative, was a California ballot measure that was passed in November 2012 to modify California’s Three Strikes Law. The latter law punishes habitual offenders by establishing sentence escalation for crimes that were classified as "strikes", and requires a mandatory minimum sentence of 25 to life for a "third-strike offense."

2014 California Proposition 47

Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.

Criminal justice reform in the United States

Criminal justice reform in the United States is aimed at fixing perceived errors in the criminal justice system. Goals of organizations spearheading the movement for criminal justice reform include decreasing the United States' prison population, reducing prison sentences that are perceived to be too harsh and long, altering drug sentencing policy, policing reform, reducing overcriminalization, and juvenile justice reform. Criminal justice reform also targets reforming policies for those with criminal convictions that are receiving other consequences from food assistance programs, outside of serving their time in prison.

References

  1. ↑ "Measure 11". www.co.marion.or.us. Retrieved 2018-10-10.
  2. ↑ "Initiative, Referendum and Recall: 1988-1995" (PDF). Oregon Blue Book. State of Oregon. Retrieved 2007-03-03.
  3. 1 2 3 4 Taylor, Bill. Background brief on Measure 11, Legislative Committee Services. May, 2004. Accessed on January 2, 2008.
  4. ↑ "Measure 11 Crimes and mandatory minimum sentences". Multnomah County. Retrieved 2018-10-10.
  5. 1 2 Oregon's sodomy laws only apply in cases in which one person is under 16 years old or does not consent. text of law Archived 2007-11-30 at the Wayback Machine .
  6. 1 2 "DOC Research and Statistics Measure 11 Mandatory Minimum Sentencing". www.oregon.gov. Retrieved 2018-10-10.
  7. ↑ "Effects of Measure 11 on Juvenile Justice in Oregon". League of Women Voters. 2000. Retrieved 2007-03-03.
  8. ↑ http://www.oregon.gov/DOC/RESRCH/measure_11.shtml#What_is_Measure_11_
  9. ↑ "Measure 11 Arguments". Crime Victims United. Retrieved 2007-03-03.
  10. 1 2 3 4 5 6 7 "Youth and Measure 11 in Oregon". Oregon Justice Resource Center. Retrieved 2018-10-10.
  11. 1 2 3 4 5 6 Taylor, Bill. Background brief on felony sentencing. May, 2004. Accessed on January 2, 2008.
  12. ↑ "Portland Violent Crime Statistics". Crime Victims United. May 19, 2000. Retrieved 2007-03-03.
  13. ↑ Phyllis A. Lincoln, JD Staff. "Comment on Measure 11". Justice: Denied. Retrieved 2007-03-03.
  14. ↑ "Initiative, Referendum and Recall: 2000-2006" (PDF). Oregon Blue Book. State of Oregon. Retrieved 2007-03-03.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.