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Measure 11 and mandatory minimum sentences in Oregon

On Behalf of | Sep 1, 2021 | Criminal Defense |

Facing a criminal charge can be an overwhelming experience. One not only thinks about the allegations they face but also the potential penalties they might endure. For some crimes in Oregon, there is little to no wiggle room in the criminal consequences they will face. That is because certain crimes carry with them mandatory minimum prison sentences.

Measure 11

Measure 11 was passed in 1994, resulting in the requirement of mandatory minimum prison sentences for crimes that are deemed serious and against persons. Originally, this included 16 offenses; however, it has since been amended to include a total of 21 offenses.

The following are crimes that fall under Measure 11 and carry with them a mandatory minimum prison sentence that could range from 25 years to five years and 10 months. These include assault II, compelling prostitution, kidnapping II, robbery II, using child in a display of sexually explicit conduct, arson I when the offense represented a threat of serious physical injury, manslaughter II, rape II, sexual abuse I, sodomy II, unlawful sexual penetration II, conspiracy to commit murder or attempted murder, assault I, kidnapping I, robbery I, rape I, sodomy I, unlawful sexual penetration I, attempted aggravated murder or conspiracy to commit aggravated murder, manslaughter I and murder.

Impact of Measure 11

The goal of Measure 11 was to reduce the crime rates in the state of Oregon, which occurred. However, it resulted in a significant increase in the prison population. Based on data, there was a 41% increase.

A major component of Measure 11 is the fact that those convicted of a Measure 11 offense will not be able to receive parole or a sentence reduction for good behavior while serving a prison term. Additionally, those age 15 and older charged with a Measure 11 felony will be tried as an adult.

These factors make it important to consider the defense options available to one. If one seeks to reduce the sentence, he or she could plea to a lesser charge; however, the same factors will remain with regards to parole or sentence reduction after conviction. Therefore, it is imperative that one understands the charges against them and how to proceed with a criminal defense. Doing so not only protects one’s rights but could also result in reduced or dismissed charges.