Oregon Ballot Measure 11 (1994)
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Measure 11 of 1994 established mandatory minimum sentencing for several crimes in Oregon. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.[1] (http://bluebook.state.or.us/state/elections/elections21.htm)
Meausre 11 establishes minimum prison terms for certain felonies. The sentencing judge cannot give a lesser sentence, nor can a prisoner's sentence be reduced below the minimum for parole or good behavior. Measure 11's minimum sentences are as follows:[2] (http://www.crimevictimsunited.org/measure11/measure11fulltext.htm)
| Crime | Minimum sentence |
| Murder | 25 years |
| 1st degree Manslaughter | 10 years |
| 2nd degree Manslaughter | 6 years, 3 months |
| 1st degree Assault | 7 years, 6 months |
| 2nd degree Assault | 5 years, 10 months |
| 1st degree Kidnapping | 7 years, 6 months |
| 2nd degree Kidnapping | 5 years, 10 months |
| 1st degree Rape | 8 years, 4 months |
| 2nd degree Rape | 6 years, 3 months |
| 1st degree Sodomy (see note below) | 8 years, 4 months |
| 2nd degree Sodomy (see note below) | 6 years, 3 months |
| 1st degree Unlawful sexual penetration | 8 years, 4 months |
| 2nd degree Unlawful sexual penetration | 6 years, 3 months |
| 1st degree Sexual abuse | 6 years, 3 months |
| 1st degree Robbery | 7 years, 6 months |
| 2nd degree Robbery | 5 years, 10 months |
(Note: Oregon's sodomy laws only apply in cases in which one person is under 16 years old or does not consent.[3] (http://www.leg.state.or.us/ors/163.html))
The measure applies to all defendants over the age of 15, requiring juveniles over 15 charged with these crimes to be tried as adults.
The measure was an placed on the ballot via initiative petition by Crime Vicitims United, a tough-on-crime political group. Proponents of the measure felt that judges were being too leinent in sentencing violent offenders. They saw the measure as critical for lowering crime rates.
Opponents of the measure felt that judges should be allowed discretion in sentencing and should be able to account for the particular circumstances of the crime. They also objected to the requirement that many teenage defendants be tried as adults.[4] (http://www.crimevictimsunited.org/measure11/measure11arguments.htm)
The effect of Measure 11 is still a matter of controversy in Oregon politics. Supporters credit Measure 11 for reducing crime rates.[5] (http://www.crimevictimsunited.org/measure11/portlandstats.htm) Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes because of the fear of manditory sentences.[6] (http://www.justicedenied.org/comment.htm)
In 2000, a Measure 94 to repeal Measure 11 was defeated.
See also: List of Oregon ballot measures
External links
- Crime Victims United (http://www.crimevictimsunited.org/index.htm)
- Text of the measure (http://www.crimevictimsunited.org/measure11/measure11fulltext.htm)
- Multnomah County Measure 11 information for juveniles (http://www.co.multnomah.or.us/dcj/jcjmeasure11.html)
- Families Against Mandatory Minimums (http://www.famm.org/index2.htm)