Oregon Victims’ Rights

1. Oregon Victims’ Rights Presented by Terry Campos National Crime Victim Law Institute & Janine Robben Oregon Crime Victims Law Center

2. Overview of Presentation • History of Victims’ Rights in Oregon • Oregon Victims’ Constitutional Rights & Comparison to National Landscape

3. History of Victims’ Rights in Oregon How we got to Or. Rev. Stat. §§ 147.500-147.575 (SB 233)

4. The early years • 1984 - Measure 8: Constitutional Amendment • 1987 - Measure 10: Statutory Law • 1996 - Measure 40: Constitutional Amendment

5. Measure 40 approved… • Immediate challenge to amendment. • 1998 Oregon Supreme Court invalidated it in its entirety because it contained two or more constitutional amendments • Merits not at issue.

6. Try Again • 1999 - Measures 69-75: Constitutional Amendments

7. Oregon Voters Rejected • Measure 70 - People have right to demand public trial by jury • Measure 72 - Allow murder conviction on jury verdict 11 to 1 (excepting aggravated murder) • Measure 73 - Limit immunity for criminal prosecution of person ordered to testify about his or her conduct

8. Oregon Voters Accepted • Measure 71 - Limit pre-trial release (must consider victim’s right to be reasonably protected from the accused) • Measure 74 - Sentences must be fully served (absent authorization of sentencing court) • Measure 75 - Constitutional ban on convicted felons serving on grand juries and petit juries

9. Measure 69 The Enumerated Rights • to be Present • to be Heard • to Information • to Refuse Discovery • to Restitution • to have Copy of Transcript • to Consult prior to plea • to Notice

10. Hurdle to Meaningful Rights in OR “Nothing in this section… may…be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceedings….” Or. Const. art. I, §§ 42(2), 43(2) (amended 2008).

11. The Fix 2008 - Measures 51 & 52 • Unanimous vote in the senate and house to refer to voters • Voters approve enforceable rights by a 3 to 1 margin

12. “Suspensionis permitted unless it would violate Defendant’s constitutional rights.” Or. Const. art. I, §§ 42(3)(d), 43(5)(d) “A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.” Or. Const. art. I, §§ 42(3)(b), 43(5)(b)

13. “Every victim … shall have remedy by due course of law for violation of a right established in this section.” Or. Const. art. I, §§ 42(3)(a), 43(5)(a)

14. A Look Ahead Enforceable Constitutional Rights in Oregon

15. Right be Present “The right to be present at . . . any critical stage of the proceedings held in open court when the defendant will be present.” Or. Const. art. I, § 42 (1)(a).

16. Right be Informed / Notice “The right . . . , upon specific request, to be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present.” Or. Const. art. I, § 42 (1)(a).

17. Right be Heard “The right . . . to be heard at the pretrial release hearing and the sentencing or juvenile court delinquency disposition.” Or. Const. art. I, § 42 (1)(a).

18. Right to Information “The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant ....” Or. Const. art. I, § 42 (1)(b).

19. Right to Refuse an Interview “The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the state.” Or. Const. art. I, § 42 (1)(c).

20. Right to Restitution “The right to receive prompt restitution from the convicted criminal who caused the victim’s loss or injury.” Or. Const. art. I, § 42 (1)(d).

21. Right to Transcript “The right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared.” Or. Const. art. I, § 42 (1)(e).

22. Right to Confer/Be Consulted “The right to be consulted, upon request, regarding plea negotiations involving any violent felony.” Or. Const. art. I, § 42 (1)(f).

23. Right to be Informed of Rights “The right to be informed of these rights as soon as practicable.” Or. Const. art. I, § 42 (1)(g).

24. Right to Protection “The right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process and from the alleged youth offender or youth offender throughout the juvenile delinquency proceeding.” Or. Const. art. I, § 42 (1)(a).

25. “The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim . . .” Or. Const. art. I, § 43 (1)(b).

26. Speedy Disposition “The right to proceedings free from unreasonable delay.”

27. Next Step To Achieving Meaningful Rights Or. Rev. Stat. §§ 147.500-147.575 Procedural statute designed to: • Ensure rights are afford • Provide a process for remedying a violation

28. This presentation is supported by Grant No. 2008-DD-BX-K001 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.