If the Republican primary for Governor was held today, who would you vote for?
State Senator Dallas Heard
Salem Oncologist Bud Pierce
State Representative Bill Post
Sandy Mayor Stan Pulliam
Clackamas County Commissioner Tootie Smith
Northwest Observer
Subscribe for Free Email Updates
Name:
Email:
Search Articles
       
Measure 11: Before and After
The low range of the sentencing guidelines was the norm

Editor's note: This is the third of a multi-part series on Measure 11 and its impact on crime. This series is adapted from letters written to the legislature by Kevin Mannix, the author of Measure 11.

The reality of the sentencing guidelines as they were actually carried out in 1994, the last year before Measure 11 went into effect, is that the low range of the sentencing guidelines was the norm. In fact, in many cases convictions for very serious crimes lead to sentences under sentencing guidelines of probation rather than incarceration in state prisons.

For example, in 1994 60 persons were convicted of Rape in the First Degree. Five of these 60 convicted rapists were sentenced to probation rather than prison under the complex formula of sentencing guidelines. This was the case even though the lowest guideline sentence for Rape in the First Degree was supposed to be 34 months.

Proponents of the elimination of Measure 11 argue that it is sufficient to rely on the felony sentencing guidelines system. So, it is helpful to compare the mandatory minimum prison sentence under Measure 11 with the guideline sentence range.

Crime 1994 Sentencing
Guidelines in Months
Measure 11 Mandatory
Minimum Sentence
in Months
Murder 120-269 300
Manslaughter in the first degree 58-130 120
Manslaughter in the second degree 16-45 75
Assault in the first degree 34-130 90
Assault in the second degree 16-45 70
Kidnapping in the first degree 58-130 90
Kidnapping in the second degree 34-72 70
Rape in the first degree 34-130 100
Rape in the second degree 16-45 75
Sodomy in the first degree 34-130 100
Sodomy in the second degree 16-45 75
Unlawful sexual penetration in the first degree 34-130 100
Unlawful sexual penetration in the second degree 16-45 75
Sexual abuse in the first degree 16-45 75
Robbery in the first degree 34-72 90
Robbery in the second degree Probation or up to 30 months in local jail 70



--Staff Reports

Post Date: 2021-03-23 09:50:27Last Update: 2021-03-20 20:41:15



Read More Articles