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]
Measure 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 set minimum sentences as follows:[2]
| 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[3] | 8 years, 4 months |
| 2nd degree Sodomy[3] | 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 |
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 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.[4]
Proponents of the measure, argued that judges had been too lenient in sentencing violent offenders. They saw the measure as critical for lowering crime rates.
Opponents of the measure 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 teenage defendants be tried as adults.[5]
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.[6] Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes, due to fear of mandatory sentences.[7]
In 2000, Measure 94 was put on the ballot in an attempt to repeal Measure 11. The measure was defeated 387,068 to 1,073,275.[8]
[edit] External links
- Overview of Measure 11 from oregon.gov
- Crime Victims United
- Text of the measure
- Multnomah County Measure 11 information for juveniles
- Families Against Mandatory Minimums
[edit] References
- ^ Initiative, Referendum and Recall: 1988-1995. Oregon Blue Book. State of Oregon. Retrieved on March 3, 2007.
- ^ Full Text of Measure 11. Crime Victims United. Retrieved on March 3, 2007.
- ^ a b Oregon's sodomy laws only apply in cases in which one person is under 16 years old or does not consent. text of law
- ^ Effects of Measure 11 on Juvenile Justice in Oregon. League of Women Voters (2000). Retrieved on March 3, 2007.
- ^ Measure 11 Arguments. Crime Victims United. Retrieved on March 3, 2007.
- ^ Portland Violent Crime Statistics. Crime Victims United (May 19, 2000). Retrieved on March 3, 2007.
- ^ Phyllis A. Lincoln, JD Staff. Comment on Measure 11. Justice: Denied. Retrieved on March 3, 2007.
- ^ Initiative, Referendum and Recall: 2000-2006. Oregon Blue Book. State of Oregon. Retrieved on March 3, 2007.
