Oregon Ballot Measure 11 (1994)
Measure 11 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.
| Crime | Minimum sentence |
|---|---|
| Murder | 25 years |
| 1st degree Manslaughter | 10 years |
| 2nd degree Manslaughter | 6 years, 3 months |
| 1st degree Assault | 7 years, 6 months |
| 2nd degree Assault | 5 years, 10 months |
| 1st degree Kidnapping | 7 years, 6 months |
| 2nd degree Kidnapping | 5 years, 10 months |
| 1st degree Rape | 8 years, 4 months |
| 2nd degree Rape | 6 years, 3 months |
| 1st degree Sodomy | 8 years, 4 months |
| 2nd degree Sodomy | 6 years, 3 months |
| 1st degree Unlawful sexual penetration | 8 years, 4 months |
| 2nd degree Unlawful sexual penetration | 6 years, 3 months |
| 1st degree Sexual abuse | 6 years, 3 months |
| 1st degree Robbery | 7 years, 6 months |
| 2nd degree Robbery | 5 years, 10 months |
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults.
The measure was placed on the ballot via initiative petition by Crime Victims United, a tough-on-crime political group. Then-State Representative Kevin Mannix, who sponsored the measure, has since argued that violent criminals cannot be reformed through probation or short prison sentences, and that the time they are kept incarcerated is itself a benefit to society.
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.
Proponents of Measure 11 argued that judges had been too lenient in sentencing violent offenders. They saw the measure as critical for lowering crime rates.
Opponents of Measure 11 argued that judges should be allowed discretion in sentencing and should be able to account for the particular circumstances of a given crime. They also objected to the requirement that many teenage defendants be tried as adults.
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.
Read more about Oregon Ballot Measure 11 (1994): Background and Context, Political Impact
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