| 词条 | 1994 Oregon Ballot Measure 11 | |||||||||||||||||||||||||||||||||||||||||||||||||||
| 释义 |
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]
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] 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]
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. 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 contextPrior 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 YouthIn 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:
Political impactThe 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
References1. ^{{Cite web|url=https://www.co.marion.or.us/JUV/Pages/measure11.aspx|title=Measure 11|website=www.co.marion.or.us|language=en-US|access-date=2018-10-10}} 2. ^{{cite web | url = https://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf | title = Initiative, Referendum and Recall: 1988-1995 | work = Oregon Blue Book | publisher = State of Oregon | accessdate = 2007-03-03}} 3. ^1 2 3 Taylor, Bill. Background brief on Measure 11, Legislative Committee Services. May, 2004. Accessed on January 2, 2008. 4. ^{{cite web|url=http://www.crimevictimsunited.org/measure11/measure11fulltext.htm|title=Measure 11 Crimes and mandatory minimum sentences|last=|first=|date=|website=|publisher=Multnomah County|archive-url=|archive-date=|dead-url=|accessdate=2018-10-10}} 5. ^1 Oregon's sodomy laws only apply in cases in which one person is under 16 years old or does not consent. [https://www.oregonlegislature.gov/bills_laws/ors/ors163.html text of law] 6. ^1 {{Cite web|url=https://www.oregon.gov/doc/resrch/pages/measure_11.aspx|title=DOC Research and Statistics Measure 11 Mandatory Minimum Sentencing|website=www.oregon.gov|language=en-us|access-date=2018-10-10}} 7. ^{{cite web | url = http://www.lwvor.org/documents/JuvenileJustice2000.htm | title = Effects of Measure 11 on Juvenile Justice in Oregon | publisher =League of Women Voters | year = 2000 | accessdate = 2007-03-03}} 8. ^http://www.oregon.gov/DOC/RESRCH/measure_11.shtml#What_is_Measure_11_ 9. ^{{cite web | url = http://www.crimevictimsunited.org/measure11/measure11arguments.htm | title = Measure 11 Arguments | publisher = Crime Victims United | accessdate = 2007-03-03}} 10. ^1 2 3 4 5 6 {{Cite web|url=https://ojrc.info/youth-and-measure-11-in-oregon/|title=Youth and Measure 11 in Oregon|website=Oregon Justice Resource Center|language=en-US|access-date=2018-10-10}} 11. ^1 2 3 4 5 Taylor, Bill. Background brief on felony sentencing. May, 2004. Accessed on January 2, 2008. 12. ^{{cite web | url = http://www.crimevictimsunited.org/measure11/portlandstats.htm | title = Portland Violent Crime Statistics | publisher = Crime Victims United | date = May 19, 2000 | accessdate = 2007-03-03}} 13. ^{{cite web | url = http://www.justicedenied.org/comment.htm | title = Comment on Measure 11 | author = Phyllis A. Lincoln, JD Staff | publisher = Justice: Denied | accessdate = 2007-03-03}} 14. ^{{cite web | url = https://sos.oregon.gov/blue-book/Documents/elections/initiative.pdf | title = Initiative, Referendum and Recall: 2000-2006 | work = Oregon Blue Book | publisher = State of Oregon | accessdate = 2007-03-03}} External links
3 : 1994 Oregon ballot measures|Penal system in Oregon|Initiatives in the United States |
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