User:Hannah-ortloff/sandbox

* ORS 137.712 may authorize the court to impose a sentence of less than the M11 minimum

** 300-month minimum applies only to adult defendants and for crimes committed on or after April 24, 2006. See ORS 137.700 for complete information about 300-month minimum sentences



In 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]

According to the report, Measure 11 mandates that juveniles hold the same culpability as adults, despite brain science declaring otherwise. The US Supreme Court has ruled several times in regards to the sentencing of minor:


 * Roper v. Simmons, which ruled that juveniles cannot be sentenced to death.
 * Graham v. Florida, which ruled that juvenile life without parole is unconstitutional for non-homicide juvenile offenders.
 * Miller v. Alabama, which ruled that mandatory juvenile life without parole is unconstitutional for all crimes.
 * Montgomery v. Louisiana, which confirms that the miller ruling now be applied retroactively.


 * Key conceptual takeaways from the supreme court decisions:
 * Youth have a unique capacity for reform.
 * Youth are fundamentally different from, and less culpable than, adults
 * All youth should have a reasonable opportunity to demonstrate their ability to change.
 * Lengthy sentences that fail to take into consideration the mitigating qualities of youth are in violation of their Eighth Amendment rights.
 * Youth should have access to a “meaningful opportunity for release.

Some key statistics:[10]


 * Today, Oregon incarcerates young people at a higher rate than almost every other state in the country, including Texas and Louisiana. In fact, Oregon has the second highest rate of youth transfers to adult court in the nation, with young people - especially youth of color - subjected to lifelong consequences as a result.
 * In 2012, Oregon convicted black youth of Measure 11 offenses at 17 times the rate of their white counterparts.
 * Black youth account for 15.5% of Measure 11 indictments but only 1.8% of the general population in Oregon (resulting in an overrepresentation of around 8.6 times.)
 * The average relative rate of disparity (measure by the relative rate index or RRI2 ) between black and white youth for the five most common Measure 11 crimes is 15.26. The overall RRI for all crimes covered in this study was 13.6.
 * Oregon taxpayers bear a significant burden for youth incarceration. Measure 11 offenders require close custody, the most expensive form of state confinement, which can result in costs of as much as $263 per day and $95,995 per year, per juvenile.

Impact on Women
In October of 2018, the annual Women in Prison Conference held by the Oregon Justice Resource Center Women's Justice Project focused primarily on the effects of mandatory minimum sentences imposed by Measure 11 on female defendants. The conference highlights similar concerns and statistics echoed by Measure 11's original opponents in concerns to Youth, including :


 * Oregon's incarceration rate for women has tripled since 1994 when Measure 11 when was first passed
 * Many convicted females had mitigating circumstances at the times of their cases, which are barred from consideration during sentencing under Measure 11's mandatory minimums. Coffee Creek Correctional Facility reported 2015 that 46% of their intakes that year experienced domestic violence; 76% were unemployed; over half had children; and 38% had not finished high school.

Political Impact[edit]
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.[12] Opponents argue Measure 11 pressures innocent defendants into plea bargains for lesser (non-Measure 11) crimes, due to fear of mandatory sentences.[13]

Legislative Attempts to Repeal:
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]

In May of 2019, the Oregon Legislature passed Senate Bill 1008 following a 40-18 vote in the House of Representatives. The bill includes stipulations that address the impacts of Measure 11 on youth reported by the Oregon Justice Resource Center, such as:


 * "Second Look" hearings for any juvenile convicted in adult court after completion of half their sentence. Judges are to consider factors such as remorse and rehabilitation, and may reduce the remainder of the juvenile's sentence to community-based supervision.
 * Prohibiting life without parole for minors.
 * Ensuring minors of 15 years or older are not automatically tried as adults for major crimes.