Measure 94 would repeal minimum sentences
■ If passed it would allow
judges to sentence criminals
more leniently at times
By Mandy Toomey
for the Emerald
Aiming to ensure fair sentences
for first-time offenders and youths,
Ballot Measure 94 would repeal
minimum sentencing for violent
crimes and sexual offenses, such as
murder, rape and robbery.
If passed, Measure 94 would re
peal 1994’s Ballot Measure 11,
which enacted mandatory mini
mum sentences. Measure 94 would
require all adults issued mandatory
minimum sentences be re-sen
tenced using a grid system, where
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the judge would consider factors
such as prior convictions into the
final sentence.
Supporters of Measure 94 say it
would give power back to the
judges and reduce Oregon’s prison
population, thereby cutting the
state’s prison costs. They also say
that giving judges more power
wouldn’t necessarily lead to more
lenient sentencing for all violent
criminals. Judges could still issue
maximum sentences.
“(With this measure], judges can
make the sentence fit the crime. It’s
not our intention for people to just
be set free,” said Cathi
Lawler,member of Parents Against
Cruel and Unusual Punishment.
Lawler’s son was one of the first
convicted under Measure 11 and
has been in prison for five years.
But many opponents say manda
tory sentences keep judges from be
ing too lenient and keep criminals
out of society and in prison.
Howard Rodstein, an opponent
of the measure, said that “mini
mum sentences are important be
cause sometimes the judge has no
choice but to give out the minimum
sentence.”
If the measure passes, approxi
mately 3,200 violent criminals and
sex offenders would be re-sen
tenced. There is a clause, though,
that allows a prisoner to finish out a
If Measure 94 is passed:
Crime1 Approximate range of Current mandatory
presumed sentences: minimum:
Murder 10 years to 22 years 25years
Manslaughter, 1st degree 4 years to 10 years 10 years
Rape, 1st degree 3 years to 11 years 8 years
Sexual Abuse, 1st degree 1 year to4 years 6 years
Robbery, 1st degree 3 years to 6 years 7 years
source; Oregon Voters’ Pamphlet
sentence rather than go through a
re-sentencing trial. The clause
would benefit criminals with plea
bargains and criminals close to the
end of their sentences, who would
not have to be re-sentenced.
Juveniles ages 15 to 17 who have
been convicted would be sent to ju
venile court for a waiver hearing to
determine whether the case would
stay in juvenile court or would be
transferred to adult court. In adult
court, the youth would get a re-sen
tencing hearing; if sent to juvenile
court, the youth would get a new
trial.
Of the 3,200 criminals being re
sentenced, 11 percent are juveniles
ages 15 to 17. Currently, seven of
these youths are being held in adult
prison, while the majority are being
kept at facilities run by the Oregon
Youth Authority.
“Seven juveniles in [an] adult
system is too many,” Lawler said.
Along with human rights de
bates, both sides are also disputing
the financial impact of the measure.
If passed, Measure 94 would re
duce the state adult prison costs,
and juvenile close custody costs
will decrease by $10.8 million in
2000-2001. Also, state community
corrections payments to counties
would increase by $900,000 in
2000-2001.
“This money should be put on
the front end for prevention and
treatment programs,” Lawler said.
On the other hand, costs to re
sentence criminals would be $6.9
million between now and 2002 and
county costs for re-sentencing are
estimated to be $2.1 million.
Calendar
Wednesday, Oct. 18
Human Resources Workshop: “Leader
ship in Student Supervision.” Pre register.
9a.m.-noon, Walnut Room, EMU. Free.
Center for the Study of Women in Soci
ety Graduate Student Open House, 2
p.m.-5p.m., Room 330, Hendricks Hall.
University Assembly meeting: President
Dave Frohnmayer delivers his annual
“State of the University” addressand
new tenure-related faculty are intro
duced. 3 p.m., Room 123, Pacific Hall.
Russian Film Series: “ Borus Godunov
Part One,” the Kirov/Andrei Tarkovsky
staging of Musorgskii’s opera. 6:30 p.m.,
Room 115, Pacific Hall. Free.
Lecture; Political analyst, author and
syndicated radio show host Michael Par
enti discusses “Yugoslavia and the U.S.
Global Domination,” followed by an
opening reception for the current
gallery exhibition, “Collateral Damage:
The Destruction of Yugoslavia.” 7 p.m.,
Adell McMillan Art Gallery, EMU. Free.
Morse Chair Forum; University law pro
fessor Leslie Harris moderates a panel
discussion, “No Way Out?” on the pros
and cons of mandatory minimum sen
tencing measures. 7 p.m., Room 175,
Knight Law Center. Free.
Ecological Conversations Lecture: Sanja
Saftic discusses “What Do Bacteria Talk
About? Tiny Communities and Evolution
under the Microscope.” 7 p.m.-9 p.m.T
Browsing Room, Knight Library. Free.
National Coming (hit Day: “Queers in
Education: Is Ignorance Really Bliss?”
offers a discussion of current proposed
legislation and the effect it might have
on education. 7:30 p.m., Ben Linder
Room, EMU. Free.
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