Here’s a review of the Measure 11 issue.
Portland police have a new chief, a new commissioner and now a new comic book.
The comic book makes an attempt to explain the severity of Measure 11’s “one strike you’re out” sentencing guidelines. Inappropriate as it was to mail the comic book to 10-year-olds, the public ought to understand the measure that they passed in 1994.
Measure 11 specifies certain crimes – from murder to second-degree robbery – carry a mandatory sentence.It applies to all defendants over the age of 15, requiring juveniles over 15 charged with these crimes to be tried as adults. 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.
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, judges could set a maximum sentence, known as an “indeterminate sentence.” Based on a subsequent decision by the Oregon Parole Board, the average offender could serve a fraction of the sentence handed down by the judge.
Sentencing guidelines were established 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 a 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.
Voter- or legislatively adopted laws such as Measure 11 divert from the original sentencing guidelines and have an effect on Oregon’s prison population and thus taxpayer costs… [emphasis added]
Inserted from <The Oregonian>
The effect of Measure eleven has been an increase of over 75% in incarceration during a time of falling crime rates. This is considerably higher than the increases in neighboring states. The costs of building and maintaining new prisons and hiring new staff to house and supervise the additional prisoners have been a constant drain on Oregon’s budget.
In my opinion this policy has three main problems in addition to the cost.
First, it takes from the juvenile courts their rightful authority to determine whether or not a juvenile offender should be tried as an adult.
Second, it takes from judges their rightful authority to consider mitigation and aggravation when passing sentences.
Third, it takes a powerful incentive to change from prisoners: good time. When I went to prison, I felt alienated and bitter. Nevertheless, out of self-interest I took a cognitive restructuring course offered by 7th Step. My only intent was to earn good time. While taking that course, I had a light-bulb experience. I recognized my need to take responsibility for my crimes and do whatever it takes to change. Had that incentive to earn good time not been there, I would not have taken that course. I might not have become the person I am today.
Measure 11 was passed through the politics of fear. In my opinion, it’s time to replace that fear with rational thought and move in a better direction.