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 09:50:27

Last Update: 2021-03-20 20:41:15