Введение
Гражданская инициатива, принятая в 1994 году, также известная как «Один промах – и ты выбываешь», была гражданской инициативой, принятой в 1994 году в штате Орегон, США. Этот законодательный акт установил обязательные минимальные сроки лишения свободы за ряд преступлений. Мера была одобрена на всеобщих выборах 8 ноября 1994 года 788 695 голосами «за» и 412 816 голосами «против». Суд, выносящий приговор, не может назначить срок, меньший, чем предусмотренный Мерой 11, и срок заключения осужденного не может быть сокращен за хорошее поведение. Заключенные не могут быть условно-досрочно освобождены до отбытия минимального срока. Мера 10, также принятая в 1994 году, разрешила Законодательному собранию штата Орегон вносить изменения в Меру 11, но только при поддержке 2/3 голосов в каждой палате. Законодательное собрание неоднократно делало это, например:
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Проведение слушаний «Второй шанс» для любого несовершеннолетнего, осужденного в суде для взрослых после отбытия половины срока. Судьи должны учитывать такие факторы, как раскаяние и реабилитация, и могут сократить оставшуюся часть срока несовершеннолетнего до надзора в обществе. Запрет пожизненного заключения без права на условно-досрочное освобождение для несовершеннолетних. Обеспечение того, чтобы несовершеннолетние в возрасте 15 лет и старше не привлекались автоматически к суду как взрослые за тяжкие преступления.
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
После принятия Меры 11 численность тюремного населения Орегона возросла, и по состоянию на 2004 год 41% этого роста было связано с прямым или косвенным влиянием Меры 11. Уровень преступности в Орегоне снизился в период с 1994 по 2000 год, но увеличился в 2001 году; противники Меры 11 отметили, что эта тенденция отражает общенациональные тенденции, признавая при этом, что некоторые вероятные рецидивисты были заключены в тюрьму в результате принятия закона.
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Минимальные сроки наказания, установленные Мерой 11:
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Преступление | Минимальный срок
-------------------|-----------------
Отягченное убийство | 30 лет – пожизненное заключение
Убийство | 25 лет
Убийство при отягчающих обстоятельствах | 10 лет
Сговор с целью совершения отягченного убийства | 10 лет
Попытка отягченного убийства | 10 лет
Незаконное сексуальное проникновение 1 степени | 8 лет 4 месяца
Мастурбация 1 степени | 8 лет 4 месяца
Изнасилование 1 степени | 8 лет 4 месяца
Поджог 1 степени с угрозой серьезных травм | 7 лет 6 месяцев
Ограбление 1 степени | 7 лет 6 месяцев
Похищение людей 1 степени | 7 лет 6 месяцев
Нападение 1 степени | 7 лет 6 месяцев
Сговор с целью совершения убийства | 7 лет 6 месяцев
Попытка убийства | 7 лет 6 месяцев
Сексуальное насилие 1 степени | 6 лет 3 месяца
Незаконное сексуальное проникновение 2 степени | 6 лет 3 месяца
Мастурбация 2 степени |
Нападение 2 степени | 5 лет 10 месяцев
Похищение людей 2 степени | 5 лет 10 месяцев
Ограбление 2 степени | 5 лет 10 месяцев
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
*ORS 137.712 может разрешить суду назначить наказание менее минимального срока, установленного Мерой 11.
**Минимальный срок в 300 месяцев применяется только к совершеннолетним лицам за преступления, совершенные после 24.04.2006.
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Мера применяется ко всем обвиняемым в возрасте 15 лет и старше, требуя, чтобы несовершеннолетние в возрасте 15 лет и старше, обвиняемые в этих преступлениях, судились как взрослые.
Citizens' initiative passed in 1994
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U. S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. 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 for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence. +Minimum sentences mandated by Measure 11 Crime Minimum sentenceAggravated Murder30 to life Murder 25 years 1st degree Manslaughter 10 yearsConspiracy to Commit Aggravated Murder10 yearsAttempted Aggravated Murder10 years 1st degree Unlawful sexual penetration** 8 years, 4 months 1st degree Sodomy** 8 years, 4 months 1st degree Rape** 8 years, 4 months1st degree Arson with Threat of Serious Injury7 years, 6 months 1st degree Robbery 7 years, 6 months 1st degree Kidnapping** 7 years, 6 months 1st degree Assault 7 years, 6 monthsConspiracy to Commit Murder7 years, 6 monthsAttempted Murder7 years, 6 months 1st degree Sexual abuse* 6 years, 3 months 2nd degree Unlawful sexual penetration* 6 years, 3 months 2nd degree Sodomy 2nd degree Assault* 5 years, 10 months 2nd degree Kidnapping* 5 years, 10 months 2nd degree Robbery* 5 years, 10 months*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 for crimes committed on/after 4/24/06
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults. 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. 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. 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.
Фон и контекст
До 1989 года судьи штата Орегон решали, следует ли осужденному лицу назначить испытательный срок или отправить в тюрьму, а для тех, кто был отправлен в тюрьму, определяли максимальный срок заключения (известный как "неопределенный срок"). Впоследствии, решение комиссии по условно-досрочному освобождению, основанное на оценке поведения, реабилитационных усилий и обстоятельств уголовного дела, приводило к тому, что в среднем осужденный отбывал лишь часть срока, назначенного судьей. Согласно докладу, Мера 11 устанавливает одинаковую степень вины для несовершеннолетних и взрослых, несмотря на данные нейронауки, свидетельствующие об обратном. Конференция освещает схожие опасения и статистические данные, которые ранее высказывали противники Меры 11 в отношении молодежи. В 2015 году исправительное учреждение Коффи Крик сообщило, что 46% принятых в этом году испытали домашнее насилие, 76% были безработными, более половины имели детей, а 38% не закончили среднюю школу.
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, 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. According to the report, Measure 11 mandates that juveniles hold the same culpability as adults, despite brain science declaring otherwise. The conference highlights similar concerns and statistics echoed by Measure 11's original opponents in concerns to youth, 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.
Политическое воздействие
Принятие меры 11 стало ключевым вопросом первого срока губернатора Джона Китжабера и остаётся предметом дискуссий в политике Орегона. Сторонники утверждают, что мера 11 способствовала снижению уровня преступности. [12] Противники же полагают, что мера 11 вынуждает невиновных подсудимых соглашаться на сделки о признании вины по менее тяжким (не подпадающим под меру 11) преступлениям из-за опасения обязательных сроков заключения. [13]
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]