CRIME VICTIMS UNITED
Measure 40 was passed by the voters of Oregon in 1996 by a margin of 59% to
41%. It was overturned in its entirety by the Oregon Supreme Court on the
grounds that it included multiple issues in one ballot measure. The Supreme
Court did not rule on the substance of Measure 40.
Here are the provisions of Measure 40:
- The right to be reasonably protected from the criminal defendant or the
convicted criminal throughout the criminal justice process.
- The right to be informed of, present at, and heard at critical stages of
the criminal justice process.
- The right to information about the sentence, imprisonment, and release of
the convicted criminal.
- The right to refuse an interview from the defendant's attorney or
- The right to prompt restitution.
- The right to have all relevant evidence heard in court.
- The right to a jury trial.
- The right to have 11 members of a 12-member jury return a conviction for
- The right to have a transcript of court proceedings.
- The right to see sentences carried out.
- A protection of a judge's prerogative to sentence a criminal to consecutive
terms for crimes against different victims.
- The right to have all charges against the defendant tried in a single
- The right to be consulted about plea-bargaining in cases of violent
- The right to be informed of these rights as soon as practical.
These articles appeared in the October, 30, 1996 edition of the Oregonian.
Rules Hamper Police", by Dee Dee Kouns
Rights Already Guaranteed", by J. Kevin Hunt
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