Oregon Ballot Measure 11 (1994)
Encyclopedia
Measure 11 was a citizens' initiative
passed in 1994 in the U.S. State
of Oregon
. This statutory enactment
established mandatory minimum sentencing
for several crime
s. The measure was approved in the November 8, 1994 general election
with 788,695 votes in favor, and 412,816 votes against.
The sentencing judge cannot give a lesser sentence than that prescribed by Measure 11, nor can a prisoner's sentence be reduced below the minimum for parole or good behavior.
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.
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.
Proponents of Measure 11 argued that judge
s 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 teenage defendants be tried as adults.
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.
The Oregon Legislative Assembly
established felony sentencing guidelines in 1989, in an attempt to achieve the following four goals:
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.
Measure 11, passed in 1994, affected only specific crimes, which were covered by the sentencing guidelines from 1989 to 1994.
Various exceptions exist to the guidelines, and to Measure 11 restrictions on sentencing.
's first term, and remains a matter of controversy in Oregon politics. Supporters credit Measure 11 for reducing crime rates. Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes, due to fear of mandatory sentences.
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.
Initiative
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...
passed in 1994 in the U.S. State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. This statutory enactment
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
established mandatory minimum sentencing
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
for several crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s. The measure was approved in the November 8, 1994 general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
with 788,695 votes in favor, and 412,816 votes against.
The sentencing judge cannot give a lesser sentence than that prescribed by Measure 11, nor can a prisoner's sentence be reduced below the minimum for parole or good behavior.
| Crime | Minimum sentence |
|---|---|
| Murder Murder Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide... |
25 years |
| 1st degree Manslaughter Manslaughter Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates... |
10 years |
| 2nd degree Manslaughter | 6 years, 3 months |
| 1st degree Assault Assault In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more... |
7 years, 6 months |
| 2nd degree Assault | 5 years, 10 months |
| 1st degree Kidnapping Kidnapping In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority... |
7 years, 6 months |
| 2nd degree Kidnapping | 5 years, 10 months |
| 1st degree Rape Rape Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The... |
8 years, 4 months |
| 2nd degree Rape | 6 years, 3 months |
| 1st degree Sodomy Sodomy Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"... |
8 years, 4 months |
| 2nd degree Sodomy | 6 years, 3 months |
| 1st degree Unlawful sexual penetration Sexual penetration Sexual penetration is a sexual activity that involves the entry into a bodily orifice, such as the vagina, anus or mouth, with a body part or an object.... |
8 years, 4 months |
| 2nd degree Unlawful sexual penetration | 6 years, 3 months |
| 1st degree Sexual abuse Sexual abuse Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester... |
6 years, 3 months |
| 1st degree Robbery Robbery Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.... |
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
Initiative
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...
by Crime Victims United, a tough-on-crime political group. Then-State Representative
Oregon House of Representatives
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 57,000. The House meets at the Oregon State Capitol in Salem....
Kevin Mannix
Kevin Mannix
Kevin Leese Mannix is a politician, business attorney, and former chairman of the Republican Party in the U.S. state of Oregon.Mannix has served in both houses of the Oregon Legislative Assembly, as a Democrat and, later, a Republican...
, 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.
Ballot Measure 10, also passed in 1994, permitted the Oregon Legislative Assembly
Oregon Legislative Assembly
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...
to change Measure 11, but only with a 2/3 vote
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
in each chamber. The legislature has done so several times.
Proponents of Measure 11 argued that judge
Judge
A judge is a person who presides over court proceedings, either alone or as 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 in an open...
s 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 teenage defendants be tried as adults.
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.
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.") Based on a subsequent decision by the Parole Board, the average offender would serve a fraction of the sentence handed down by the judge.The Oregon Legislative Assembly
Oregon Legislative Assembly
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...
established felony sentencing guidelines in 1989, in an attempt to achieve the following four goals:
- Proportional punishment, imposing the most severe sentences on the most serious offenders
- Truth in sentencing, so the judge's sentence would more closely reflect actual prison time
- Sentence uniformity, to reduce disparities among judges
- Maintenance of correctional capacity consistent with sentencing policy, so the criminal justice system would be able to deliver proposed penalties.
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.
Measure 11, passed in 1994, affected only specific crimes, which were covered by the sentencing guidelines from 1989 to 1994.
Various exceptions exist to the guidelines, and to Measure 11 restrictions on sentencing.
Political impact
The passage of Measure 11 was a central issue of Governor John KitzhaberJohn Kitzhaber
John Albert Kitzhaber is the 37th Governor of Oregon. He served as the 35th Governor of Oregon from 1995 to 2003 and became the first person to be elected to the office three times when he was re-elected to a non-consecutive third term in 2010...
's first term, and remains a matter of controversy in Oregon politics. Supporters credit Measure 11 for reducing crime rates. Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes, due to fear of mandatory sentences.
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.
See also
- Oregon Ballot Measure 40 (1996) and subsequent measuresOregon Ballot Measure 40 (1996) and subsequent measuresBallot Measure 40 was an Oregon ballot measure in 1996. The measure brought sweeping reforms to Oregon's justice system, generally in an effort to promote victims' rights....
- List of Oregon ballot measures
- Oregon Criminal Justice CommissionOregon Criminal Justice CommissionThe Oregon Criminal Justice Commission is a nine member volunteer commission in the U.S. state of Oregon. It was established in 1995, charged with providing a "centralized and impartial forum for statewide policy development and planning" in order to "improve the efficiency and effectiveness of...
- Oregon Board of Parole and Post-Prison Supervisionhttp://www.oregon.gov/BOPPPS/index.shtml
External links
- Chief Petitioner Kevin Mannix on BallotPedia.org
- Overview of Measure 11 from Oregon.gov
- Crime Victims United (supporters)
- Families Against Mandatory Minimums (opponents)
- Text of the measure
- Multnomah County Measure 11 information for juveniles
- The Development of Oregon's Sentencing and Corrections Policy, Oregon Criminal Justice Commission. Accessed January 2, 2008.
- Sentencing Practices: Summary Statistics for Felony Offenders Sentenced in 2001, Oregon Criminal Justice Commission, January 2003.
- Measure 11 Brings Justice and Lower Crime, Guest Viewpoint By Doug Harcleroad and Joshua MarquisJoshua MarquisJoshua Marquis is an attorney and politician from Astoria, Oregon in the United States. He has served as District Attorney for Clatsop County since 1994. He frequently writes and speaks about capital punishment. He is known for his belief that the death penalty is justified in some cases...
for The (Eugene) Register-Guard, October 17, 2005.