Measure 40


Measure 40 was passed by the voters of Oregon in 1996 by a margin of 59% to 41%. It was overturned in its entirety by the Oregon Supreme Court on the grounds that it included multiple issues in one ballot measure. The Supreme Court did not rule on the substance of Measure 40.

Here are the provisions of Measure 40:

  1. The right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process.
  2. The right to be informed of, present at, and heard at critical stages of the criminal justice process.
  3. The right to information about the sentence, imprisonment, and release of the convicted criminal.
  4. The right to refuse an interview from the defendant's attorney or representative.
  5. The right to prompt restitution.
  6. The right to have all relevant evidence heard in court.
  7. The right to a jury trial.
  8. The right to have 11 members of a 12-member jury return a conviction for murder.
  9. The right to have a transcript of court proceedings.
  10. The right to see sentences carried out.
  11. A protection of a judge's prerogative to sentence a criminal to consecutive terms for crimes against different victims.
  12. The right to have all charges against the defendant tried in a single trial.
  13. The right to be consulted about plea-bargaining in cases of violent crimes.
  14. The right to be informed of these rights as soon as practical.

These articles appeared in the October, 30, 1996 edition of the Oregonian.

"Oregon's Rules Hamper Police", by Dee Dee Kouns

"Victims' Rights Already Guaranteed", by J. Kevin Hunt

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