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Oregon Crime Victims' Rights, Measure 40 (1996)

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The Oregon Crime Victims' Rights Amendment, also known as Measure 40, was on the November 5, 1996 ballot in Oregon as an initiated constitutional amendment, where it was approved. The measure added crime victims’ rights to the state constitution and expanded evidence admissible in criminal trials.[1]

Aftermath

Measure 40 passed with 58.8% of the vote, but was overturned by the Oregon Supreme Court in 1998, on the grounds that it contained more than one amendment to the Oregon Constitution.[2]

Measure 40 case precedent has since been cited as the basis for overturning several voter-approved initiatives. Among these are legislative term limits in 2002 and Measure 3, the Oregon Property Protection Act of 2000.

Election results

Oregon Measure 40 (1996)
ResultVotesPercentage
Approveda Yes 778,574 58.9%
No544,30141.1%

Election results via: Oregon Blue Book

Text of measure

The ballot measure title read:[1]

AMENDS CONSTITUTION: GIVES CRIME VICTIMS RIGHTS, EXPANDS ADMISSIBLE EVIDENCE, LIMITS PRETRIAL RELEASE[3]

The text of the measure can be found here.

Subsequent related measures

Mannix subsequently brought seven more measures (Measures 69-75) to to voters in 1999 via legislative referral, each originally part of Measure 40. All seven would have amended the Oregon Constitution. Four of the measures were approved by voters. Campaigns for these measures were primarily funded by conservative millionaires Loren Parks and Mark Hemstreet.

Meas
num
passed? Yes No  % Ballot Title
69 YES 406393 292419 58.15 Grants Victims Constitutional Rights In Criminal Prosecutions, Juvenile Court Delinquency Proceedings
70 NO 289783 407429 41.56 Gives Public, Through Prosecutor, Right To Demand Jury Trial In Criminal Cases
71 YES 404404 292696 58.01 Limits Pretrial Release Of Accused Person To Protect Victims, Public
72 NO 316351 382685 45.26 Allows Murder Conviction By 11 To 1 Jury Verdict
73 NO 320160 369843 46.4 Limits Immunity From Criminal Prosecution Of Person Ordered To Testify About His Or Her Conduct
74 YES 368899 325078 53.16 Requires Terms Of Imprisonment Announced In Court Be Fully Served, With Exceptions
75 YES 399671 292445 57.75 Persons Convicted Of Certain Crimes Cannot Serve On Grand Juries, Criminal Trial Juries

See also

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External links

References

  1. 1.0 1.1 Oregon State Library, "State of Oregon Official Voters' Pamphlet," accessed December 12, 2013
  2. Armatta v. Kitzhaber, 327 Or. 250, 959 P.2d 49 (1998)
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

This article has been taken from Wikipedia, the free encyclopedia. Copyright Notice can be found here.


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