Street roots., August 05, 2011, Page 13, Image 13

Street roots
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Measure I l ’s devastating effect on Oregon’s next generation
BY IMRAN AHMAD
C O N T R IB U T IN G W R IT E R
Im ran Ahmad. Research
and Policy Analyst
Partnership for Safety and
Justice. Partnership for
Safety a nd Justice is a n
11-year old statewide
advocacy organization that
promotes sm art public
safety policy by advocating
for victims and survivors o f
crime, as well as fo r people
convicted o f crime, to create
policies that create a more
effective public safety system.
F I ^he passions raised at the mere
The Campaign for Youth Justice and
Partnership for Safety and Justice
embarked on a study to determine the
impact that Measure 11 was having on
youth in Oregon. The authors analyzed
data on 3,274 young people indicted
with Measure 11 offenses since 1995.
The authors also looked at a subset of
759 cases handled between 2006 and
2008 to understand the current way
Measure 11 is being implemented in
the 36 Oregon counties.
mention of Measure 11 are well
known to most Oregonians. Yet it is
surprising how little is actually known about
the law, particularly as it applies to youths.
People may know that it requires mandatory
minimums for certain violent offenses, but
do they know that if youths are charged with
anyof those offenses, they are automatically
transferred to the adult criminal justice
system?
Very little is known about how Measure
11 is actually implemented, especially with
regard to youths. There is little
Over the three-year period from 2006
understanding of the real impacts of
to 2008, data from the 36 Oregon
Oregon’s mandatory minimum sentencing
counties show no discernible pattern
scheme and still, Measure 11 remains a
between the number of young people
policy that Oregonians, including politicians,
charged with a Measure 11 offense and
have learned not to question.
the Juvenile crime rate.
Since Measure 11 passed 15 years ago,
tough-on-crime advocates have dominated
Six out of 10 youths charged with a
any conversation about it by maintaining
Measure 11 crime that automatically
that it only applies to juvenile offenders that
have committed very serious crimes.
requires adult court prosecution will not
However, by drawing attention to the most
be convicted of a Measure 11 crime.
grievous cases, the public is distracted from
how the law is implemented in a majority of
In Oregon, youth of color comprise 25
Measure 11 cases.
-percent of the youth population but 36
In hopes of changing the conversation
percent of the youths indicted under
surrounding Measure 11, the Partnership
Measure 11.
for Safety and Justice, in collaboration with
the Campaign for Youth Justice, undertook a
comprehensive look at the consequence of
compounded because it also places them
charging youths as adults under Measure
into the adult system. Moré importantly, it
11. The result of our study is “Misguided
keeps them there whether or not they are
Measures: Impacts and Outcomes of
eventually convicted of a Measure 11
Measure 11”. “Misguided Measures” is the
offense. That is, even if a youth pleas to an
first report to bring attention to how
offense that is n o t covered by Measure 11,
Measure 11 uniquely effects Oregon’s
they are usually still forced to remain in the
youths. While we outline many reasons why
adult system and receive a felony record.
Measure 11 runs counter to what has been
Our analysis found that this happens in 44
found to work best for juvenile Justice,
percent of juvenile Measure 11 cases. This
clearly
shows that, despite the exaggerated
rehabilitation, accountability and public
• rhetoric surrounding Measure 11, the policy
safety, there is one aspect of its
implementation that is particularly troubling is not solely applied to the most serious
offenders but that, in fact, a majority (if you
and that most Oregonians will find
include the 16 percent that end up
surprising given that it is not an explicit
dismissed or returned to the juvenile
part of the law.
system) involve cases that seem more
The main consequence for being indicted
appropriate for the juvenile system.
for a Measure 11 offense as an adult is a
This alarming statistic shows that a large
longer prison sentence, usually obtained by
number of youths are inappropriately being
using the threat of mandatory minimums as
placed in the adult system through the
leverage during the plea bargain process.
However, the consequences for juvenilesare Measure 11 indictment process. These
-L
“Long Lost Friend”
by Shannon Andrews
Forgotten memories are all in a blur
How can you let this happen to our friendship
I used to «enjoy your smile and company
All the things we have done
Are all erased in animosity.
youths should be in the juvenile justice
system that is designed for them. Instead,
once they are in the adult system, they
might be placed in an adult jail where they
are at increased risk of violent assault and
prevented from continuing their education.
They will also be denied some age-
appropriate programming and treatment
designed to prevent recidivism and promote
successful rehabilitation and accountability.
Finally, they will receive a felony record that
creates huge barriers to attaining an
education, housing and employment. As a
result, it is very difficult for them to become
successful and productive members of
- society.
While most Oregonians pay little
attention to Measure 11 unless they are
themselves impacted by it, there is one
community that is all too familiar with the
impact of Measure 11 on their youths.
African-American youths make up 4 percent
of Oregon’s population but consists of 19
percent of all Measure 11 indictments. The
overrepresentation of African-American
youths in the adult system is staggering and
raises some serious questions and concerns.
We need to be asking ourselves, given the
severe and long-term consequences of a
felony record, do these youths need to be in
the adult system? What impact does this
have on a community that is already
marginalized and increasing displaced? Does
this policy make sense for Oregon’s public .
safety system?
Without a doubt, there are some very
serious cases involving youths. Still, the
decision to transfer a youth into the adult
criminal justice system, should be made
with deep consideration and the input of an
impartial judge. Otherwise, we are
preventing a large number of young adults
from being held accountable and
rehabilitated in a juvenile system that has
been shown to work farbetter than the
adult system. —-
Our continued acceptance of Measure 11,
and its devastating effect on our youths, is a
poor reflection on Oregon’s values.
Fortunately, armed with these new findings
on how Measure 11 actually works,
Oregonians are in a position to act on what
we know for the safely of our youths and
our communities.
Passed by Oregon
voters in 1994,
Measure 11
created long
mandatory prison
terms for 16 violent
and sex-related
offenses, did away
with “earned time,”
and provided for
mandatory waiver
of Juveniles to adult
court. Five more
crimes were added
by the State
Legislature in the
1990s.
In general,
Measure 11
penalties are
longer than those
imposed under
sentencing guide
lines and in nearly
all cases cannot
be reduced. The
minimum
sentences are the
same for all
offenders,
regardless of the
circumstances of
the crime or
criminal histories.
Measure 11 also
mandates that
juveniles aged 15
years or older be
tried as adults.
Read the fu ll report a t www.safetyandjustice.
org/misguided_measures
Office C at Rooty sends a w arm th a n k yo u to
Ted Jack, a vendor, volunteer a n d supporter o f
Street Roots fo r years. H e ’s m o v in g to A laska to
catch the big ones. T h a n k you, Ted, fo r a ll yo u r
years o f support!
— i------ . •• . -.
I trusted you with every whim
You have reached'out to me with your hand.
The lost time isn’t our excuse
Or for our faults
I accepted you for who you are
But it doesn’t explain why we grew apart.
If there’s one day
I can explain
Then I know there’s always a reason to complain
About losing my friend
I’ll see you in heaven in the end.
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