Measure 11 and Deterrence CRIME VICTIMS UNITED |
The following article appeared in the Klamath Falls Herald and News and on
the OregonLive web site on September 25, 2000, about six weeks before the vote
on Measure 94. The article was written by Dan Golden, Assistant Director of the
Klamath County Juvenile Department.
Does Measure 11 deter kids from committing crimes?
By Dan Golden
Citizens face a decision in November about Oregon's response to violent crime.
Passage of Measure 94 would repeal Measure 11. Voters passed Measure 11 in 1994
requiring courts to impose mandatory minimum sentences on criminals convicted of
murder, rape, robbery, kidnapping, arson and assaults causing serious injury.
The minimum sentence a court can impose is 70 months for serious assault and 300
months for murder.
Juvenile arrests for violent crimes nearly doubled in Oregon between 1988 and
1994, according to Governor Kitzhaber's crime strategy report. Since passage of
Measure 11, this rate has fallen by 25 percent. Measure 11 required that
juveniles over the age of 15 accused of those violent crimes be charged, tried,
and sentenced as adults if convicted.
Since 1994, 11 Klamath County juveniles have been convicted of Measure 11
offenses. This is a tiny percentage of the more than 9,000 cases referred to the
Klamath County Juvenile Department during those years.
Is there a connection between the few juvenile convictions under Measure 11 and
the dramatic drop in arrests of juveniles for violent offenses? Measure 94's
supporters argue that Measure 11 unfairly convicts first time offenders instead
of repeat offenders without a deterrent effect on juvenile delinquents.
During the past months, I've conducted a survey of youths in juvenile detention.
The youths were being held for probation violations and arrests for committing
crimes. None were held on Measure 11 charges. Youths were not asked to supply
their names on the forms and no information about Measure 11 was distributed. At
the beginning, I supposed that most delinquents were ignorant or unaware of the
law. The results surprised me.
Are delinquent youth aware of Measure 11?
Responses to the survey indicated that youth in juvenile detention were well
aware of Measure 11. Eighty-five percent indicated that they had heard about
Measure 11, and a similar percentage knew that Measure 11 applies to kids aged
15 to 18. Seventy-five percent knew some of the crimes Measure 11 applies to.
Eighty percent knew that a juvenile charged under Measure 11 would go to trial
in adult court. Significantly, 100 percent knew that Measure 11 means longer
terms rather than shorter terms in lockup. When asked to write what they knew
about Measure 11, one responded, "I know if you get charged with Measure 11
you will be locked for a long time." Another commented that "you can
go to jail-jail."
The survey asked delinquents, "knowing what you know about Measure 11,
would you be more or less likely to commit a Measure 11 crime?" Eighty-five
percent responded that they would be less likely to commit a Measure 11 offense.
When asked to write about how they would feel if Measure 11 were repealed, one
responded, "I would feel more comfortable knowing that I have less of a
chance to be locked up for long periods of time." Another wrote, "I
would probably like it because I do lots of things that get me into
trouble." One youth simply wrote, "happy."
Is Measure 11 punishing mostly first time offenders?
Measure 94 supporters say they want to repeal Measure 11 because it punishes
first time offenders rather than repeat offenders. Advocates of repeal have
repeatedly claimed that the majority of Measure 11 defendants fit into the first
time offender category. If this were true, Measure 11 could be portrayed as a
failure at deterring significant numbers of repeat offenders from committing new
crimes.
The claims of Measure 94 supporters are based on information supplied by the
Oregon Department of Corrections. The department tabulates felony convictions of
inmates sent to prison on Measure 11 crimes, but not misdemeanors or juvenile
offenses. Thus, an inmate with a misdemeanor or juvenile record could be counted
as a "first time" offender if sent to prison on a Measure 11
conviction.
Klamath County courts have sentenced 11 juveniles for Measure 11 offenses since
the law was enacted. Under Corrections policy, all would be considered
"first time" offenders, because their juvenile history would be
overlooked. Yet, a check of their juvenile court records showed a different
story.
The record reveals that eight of the 11 Klamath County juveniles convicted of
Measure 11 charges were repeat offenders, having been charged with crimes in
earlier juvenile cases. Four had been charged with multiple felonies. Only three
of the 11 juveniles were never charged before and were truly first time
offenders when charged with Measure 11 crimes. Interestingly, those three were
each charged and convicted of sexual crimes under Measure 11.
Therefore, it is unlikely that a majority of Measure 11 offenders identified by
Corrections as "first time" offenders are truly first timers.
Proponents of Measure 94 are distorting facts when they claim that Measure 11
mostly applies to first time offenders. If the Department of Corrections
included misdemeanor and juvenile records most Measure 11 offenders would be
recognized as repeat offenders.
Measure 11 means deterrence
Since 1994, the Klamath County Juvenile Department has had over 9,000 new cases
referred. During that same period just eleven Klamath County juveniles had been
convicted of Measure 11 offenses. Despite the few numbers of juveniles convicted
under Measure 11, the survey of youths in juvenile detention showed that 80
percent or more knew about Measure 11, knew that it applies to juveniles, and
agreed that they would be less likely to commit a violent crime punishable as a
result.
This suggests that Measure 11 has had one of the effects intended by voters.
Juvenile delinquents have heard the message: Oregon will not be lenient with
violent offenders but will hold them strictly accountable for their actions.
Thus, it is not surprising that juvenile arrests for violent crimes are down 25
percent in Oregon since passage of Measure 11.
Passage of Measure 94 would repeal Measure 11 and cause those already sentenced
under Measure 11 to be re-sentenced under previous, more lenient standards. Many
would be eligible for immediate release from custody. The message of deterrence
reinforced by Measure 11 would be replaced by the message of leniency of Measure
94. This would make some, as one delinquent so eloquently put it,
"happy."
Citizens need to check the facts about Measure 94 and consider whether they
would long share in the happiness.
Dan Golden is assistant director of the Klamath County Juvenile Department.