Encyclopedia > Oregon Ballot Measure 11 (1994)

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Oregon Ballot Measure 11 (1994)

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)

Please note: Wikipedia does not give legal advice.

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)

CrimeMinimum sentence
Murder25 years
1st degree Manslaughter10 years
2nd degree Manslaughter6 years, 3 months
1st degree Assault7 years, 6 months
2nd degree Assault5 years, 10 months
1st degree Kidnapping7 years, 6 months
2nd degree Kidnapping5 years, 10 months
1st degree Rape8 years, 4 months
2nd degree Rape6 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 sexaul penetration8 years, 4 months
2nd degree Unlawful sexual penetration6 years, 3 months
1st degree Sexual abuse6 years, 3 months
1st degree Robbery7 years, 6 months
2nd degree Robbery5 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))

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 controvery 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

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