Measure 11 Misconceptions     


This story was furnished by a CVU member, Howard Rodstein.

On 1/27/00, I went to a seminar on sentencing guidelines in Hearing Room A of the Capitol Building in Salem. During the question-and-answer period, a women made a comment to the audience about her antipathy for Measure 11. Shortly thereafter, I asked a question of the speaker, and identified myself as a member of Crime Victims United.

At the lunch break, the woman asked to speak with me. She told me her story. She was involved in a minor altercation and was wrongly charged with Assault IV. She was eventually exonerated.

I asked her if she was under the impression that Assault IV is a Measure 11 crime. She said yes. I explained to her that Measure 11 addresses serious crimes only. Assault IV is not a Measure 11 crime. Neither is Assault III. Neither is Assault II, unless the perpetrator had a prior violent felony conviction or the victim was seriously injured.

I asked the woman how she got the impression that Assault IV was a Measure 11 crime. She did not remember.

However, it is not surprising that she had this misconception, considering that people who want to repeal Measure 11 say repeatedly and incorrectly that criminal defendants are charged under Measure 11 for stealing two dollars or for other property crimes or for minor altercations.

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