Oregon Ballot Measure 52 (May 2008)

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Oregon Ballot Measure 52 (May 2008) or House Joint Resolution 50 is a legislatively-referred constitutional amendment that Enables Crime Victims To Enforce Existing Constitutional Rights In Prosecutions, Delinquency Proceedings; Authorizes Implementing Legislation.[1]

Summary:

Grants a victim the right to assert a claim in a pending case or seek a writ of mandamus if no case is pending. Allows the victim to request the assistance of the prosecuting attorney to assert the victim’s rights. Allows the prosecuting attorney the discretion to assert or not assert the rights of the victim. Defines “victim” as any person determined by the court as well as the prosecuting attorney to have suffered direct financial, psychological or physical harm. Provides that this section does not suspend a criminal or juvenile delinquency proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution as well as the Constitution of the United States. Allows the Legislative Assembly to enact laws further effectuating victims’ right to seek redress under Section 43.[2]

Status

This measure passed at the May 20, 2008 Primary Election with 75% of the vote.[3]

HJR 50 vs. HJR 49

The legislature has proposed two measures for the May 2008 Primary Election that are very similar:

These measures propose the amending of the Oregon Constitution to allow crime victims a way to practically enforce their current constitutional rights as set out in Section 42 and 43 of Article I of the Oregon Constitution. Both bills require the public to consider and approve these new enforcement rights in the November 2008 primary election. Both HJRs grants a victim the right to assert a claim in a pending case or seek a writ of mandamus if no case is pending. They allow the victim to request the assistance of the prosecuting attorney to assert the victim’s rights, but allow the prosecuting attorney the discretion to assert or not assert the rights of the victim. The bills define “victim” as any person determined by the court as well as the prosecuting attorney to have suffered direct financial, psychological or physical harm. Neither of these measures will suspend a criminal or juvenile delinquency proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution as well as the Constitution of the United States. [4]

The differences?

  • HJR 49 deals with exercising constitutional rights participating in prosecutions/juvenile delinquency proceedings.
  • HJR 50 deals with exercising constitutional rights regarding protection from offenders.[5]

Support

  • Crime Victims United stated in a May 2007 article that: HJR 49 and 50 will allow victims to defend their constitutional rights on appeal when violated. Presently there are 34 states that have adopted constitutional rights for crime victims. Only two of those states, Oregon and Virginia, are without standing or remedy for those rights. The reason for HJR 49 and 50 is simply because the current rights are illusory without remedy if they are violated. And, they must be placed in the Consitution because currently the Constitution prohibits remedy.

Read the full article of support at Oregon Catalyst.com

Opposition

No information yet

See also

References

  1. ↑ Information and status of this initiative--Oregon Secretary of State
  2. ↑ Summary of this Initiative
  3. ↑ NorthCoastOregon.com: "Election Results - Oregon May Primary 2008", Local News, May 20, 2008
  4. ↑ Legislative Update from the Domestic Violence Resource Center
  5. ↑ Legislative Report published by the League of Women Voters of Oregon (page 4, bottom)
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