Oregon Ballot Measure 69 (1999)

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Oregon Ballot Measure 69 (1999) or House Joint Resolution (HJR) 87 is a legislatively-referred constitutional amendment that places specific victims' rights in Constitution, including the right to: be present at, and on request to advance notice of, open court proceedings when defendant will be present; be heard at pretrial release hearing, sentencing and juvenile court delinquency disposition; obtain information on request about conviction, sentence, imprisonment, criminal history and release of defendant or youth offender; prompt restitution from convicted criminal; refuse certain discovery requests; be consulted about certain plea negotiations; receive certain transcripts.[1]

Official Ballot Title

HJR 87 - Amends Constitution: Grants Victims Constitutional Rights In Criminal Prosecutions, Juvenile Court Delinquency Proceedings[2]

Results

This measure passed at the November 1999 Special Election.

Support

[3] Kevin Mannix helped sponsor the measure, saying it protects the rights of crime victims and ensures them a meaningful role in the justice systems.

Crime Victims United aruged that crime victims need at least as many rights as criminals have, saying, "While these rights may seem self evident, each year thousands of crime victims are shocked to learn that the focus of the Oregon criminal justice system is on the criminal-not justice!"

==Opposition==[4] Many who opposed the measure didn't believe it was an effective way to ensure victims' rights.

Survivors Advocating For an Effective System, a group made up of crime victims, said, "If the Oregon Legislature really wanted to help victims of crime, ...[measures] would force criminals to pay restitution to victims. ...Measure 69 -- the so-called "victim's rights" measure ­does nothing to address the current inequities in the restitution system".

Some saw the measure as a "smoke screen" for giving politicians more power and allowing those politicians to use victims of crime for their own ambitions.

Stan Robson, Benton County Sheriff pointed out what he considered to be negative language in the measure: "Measure 69 states no defendant can ever be considered a victim. Even in cases of domestic violence a woman charged for defending herself against an abusive husband could never be considered a victim. It's wrong to place that language in our Bill of Rights".

Some aruged that the measure wrongfully gives the prosecutor the authority to decide who is a victim and who isn't. Oregonian Janette Gail shared her story of finding out her son had been killed in an automobile accident in a letter to the Secretary of State:

"The officer tells me my child is dead. 'He was a passenger...his best friend was driving...the driver had been drinking.' I heard it through a fog. Having suffered through this horror, we didn't relish the thought of our friend's family being similarly torn. Sending our son's friend to prison wasn't going to bring our son back, but working with our friend in the wake of this tragedy could have been healing for all of us. The prosecutor ignored our wishes."

Regarding the measure, Gail aruged, "One of the sneaky things that Measure 69 would do is give prosecutors the constitutional power to ignore crime victims like us".

References

  1. ↑ Summary of Measure 69 from the State Voting Guide
  2. ↑ Detailed information on this measure from the Secretary of State
  3. ↑ Arguments in Favor from the State Voting Guide
  4. ↑ Arguments in Opposition from the State Voting Guide

See also

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