Measure 11 in oregon

[dime]

Minimum sentences mandated by Measure 11
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[4] 8 years, 4 months
2nd degree Sodomy[4] 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


so be good

 

[stove]

Hmm while some minimum sentencing bothers me (possesion, B&E, etc), most of these crimes are serious enough that I'm not too worried. MAYBE the assault II charge, but I'm pretty clear of everything else.

 

[mkirby]

These are all more than fair except POSSIBLY in the cases of Assault and Robbery, in certain situations.

Anybody who rapes can fry...

Murder is occasionally justified, like in the case of a woman killing her abusive husband, etc. But there are reduced sentences for that in this state.

So yeah. Go measure eleven.

 

[dime]

if someone tries to fight u and u beat thier ass and u get 5-7 years minimum, is kinda fucked

 

[veggieguy12]

I can't believe none of y'all have noticed the "sodomy", something which varies by definition from place to place. Sodomy can be any number of acts which aren't vaginal sex.

ANYWAY, I thought the Supreme Court of the US struck-down all sodomy laws as unconstitutional back in 2004, based on that Texas case where a gay guy's house was wrongly raided by police, who then arrested him & his partner on sodomy charges.

And what the hell is "Unlawful Sexual Penetration"? Either it's not consensual, and that's rape, or it's consensual, and the govt's laws should not be involved.

 

[L.C.]

i think it's agood idea to lower unwarrented violent crimes,but it's going to get alot of undeserving people locked up. also its going to give cops n judges a way to really screw people on days they have a bug up their ars.

 

[Angela]

I can't believe none of y'all have noticed the "sodomy", something which varies by definition from place to place. Sodomy can be any number of acts which aren't vaginal sex.

ANYWAY, I thought the Supreme Court of the US struck-down all sodomy laws as unconstitutional back in 2004, based on that Texas case where a gay guy's house was wrongly raided by police, who then arrested him & his partner on sodomy charges.

And what the hell is "Unlawful Sexual Penetration"? Either it's not consensual, and that's rape, or it's consensual, and the govt's laws should not be involved.

I was wondering about this also so I went and did a little research on it. From what I could find I think it's only referring to non-consensual acts which I agree should simply be called rape. Sodomy laws were traditionally used to cover all forms of non-vaginal penetration and were famous for being used to prosecute consensual acts between homosexual partners so Oregon really should have just used the term "rape" or "sexual assault". If Oregon tries to prosecute any consensual acts as sodomy though, I'm sure it'll end up back in the courts.
And from what I could find, it seems that "unlawful sexual penetration" is basically code for bestiality or necrophilia but also covers penetration of a vagina using objects other than a penis.

 

[RideMoreTrains]

minimum sentencing for crimes is fucked up. i am sorry but anyone who is for it is screwed up.

 

[RideMoreTrains]

well you don't know what my life's been like so i don't have to keep anything in mind. being against mandatory minimums does not mean i am for having rapist, killers, and violent people roaming the streets. i'd rather address the issues that cause sexual violence or murder rather than throwing people in jail with no discretion. obviously mandatory minimums have not reduce crime as the united states has one of the highest prison populations in the world. secondly, mandatory minimums are given to a number of crimes too including things like drugs. not only that but the sentences given are disproportionate and are given with no over-sight. with mandatory minimums the prosecutor, not the judge decides everything. the prosecutor decides sentencing, plea deals, and charges. so what happens is the appropriate sentencing isn't given.

these laws are also expensive and cost a lot to maintain. our prisons have literally become overpopulated because of minimum sentencing, and when these criminals DO get out (most do, because why? over population) they are thrown back into society after being locked up for years. mandatory minimums also cause a lot of people to plea guilty and take plea bargain, which forces innocent people into being guilty because they don't want to be charged with the mandatory minimum.

loads of things are messed up with mandatory minimums. i could literally write a book if i wanted to. yeah, they sound nice and all but that is hardly the case.

 

[RideMoreTrains]

"A federal judge in Salt Lake City Tuesday sentenced budding rap music entrepreneur Weldon Angelos, 25, to 55 years in prison for minor marijuana sales to a police informant while armed, then complained that federal mandatory minimum sentencing laws made him do it. Earlier that day, the same judge in the same courtroom sentenced a man who had beaten an elderly women to death with a log to 22 years in prison.

Angelos would not have gotten such a stiff sentence if not for federal mandatory minimum laws. The marijuana retailer carried a pistol in an ankle holster while conducting his business, and although he was not accused of brandishing the weapon or threatening anyone with it, he was charged with three counts of possession of a firearm while engaged in drug trafficking. The first count carries a mandatory minimum five-year sentence, while each additional count carries a 25-year mandatory minimum."

this is pulled from a news article. because of mandatory minimums things like this happen. not only that but because of mandatory minimums some low level drug dealers spend more time in prison than rapists. not an isolated event either. go into any court room and you'll see it happen every day.

 

[veggieguy12]

Well, I agree that "mandatory minimum" laws are ill-conceived; imposing sentencing minimums is only a step away from the "3 Strikes" thing which has brought a number of anecdotes about harsh sentences for petty crimes done three times.

The point of a judge and jury is to weigh any case on its own specific merits and then assign a fitting punishment, not merely to decide guilt and then impose a sentence decided by elected people in Salem (or Sacramento or Tallahassee or [state capitol]).

Really, elected people - politicians - often don't know any more about Law than a cab driver or bike mechanic. The fact that anyone would push a law against "unlawful sexual penetration" kinda proves that, as does the fact that it passed...

"Leaders" are typically elected not on saying what change ought to be made, but on pandering to what people are comforted by and ready/willing to hear. So of course prostitution never gets legalized and unconventional sex can be demonized and criminalized. How ridiculous (and contrary to "liberty, and the pursuit of happiness").

 

[mkirby]

omg totally missed the "sodomy"
I can't believe that is still a crime here...


Anyway, I only think these are fair if the person actually committed the crimes without provocation. Admittedly, we have a failing justice system and not everyone recieving these punishments will deserve it.

 

[Arapala]

pretty fucked up assult is above rape, just like Dime said: "if someone tries to fight u and u beat thier ass and u get 5-7 years minimum, is kinda fucked "

 

[dirty_rotten_squatter]

I'm stayin the fuck outa oregon then. Until I can control my temper at least haha. someone pisses me off I wouldnt be able to stop. oh well even more reason to worl on it.