Convicted of kidnapping in Oregon What happened next

Have you ever been confused by sentencing laws in Oregon, especially regarding consecutive sentences? You’re not alone; understanding these laws can be complex. Knowing the law is crucial to addressing these issues. In this article, we’ll explore how the court resolved such a case with Measure 11 through the State v. Langdon ruling.

Situation

Specific Situation

In Oregon, there was a person who got into big trouble because of some very serious crimes. This person was found guilty of first-degree kidnapping and unlawful sexual penetration. These are severe crimes that can lead to long times in prison. The state wanted to use something called Measure 11 to decide how long this person would stay in prison. Measure 11 is a law that says certain crimes must have a minimum amount of time in jail, no exceptions. But the person who was in trouble thought that the time they would have to spend in prison was too long. They said it was way more than what the usual rules, called the Oregon Felony Sentencing Guidelines, would normally allow. These guidelines are like rules that help decide how long someone should stay in prison when they do something wrong. This disagreement about how long the prison time should be led to a big argument in court.

Plaintiff’s Argument

The person speaking for the state of Oregon, called the plaintiff, said that Measure 11 doesn’t have to follow the usual rules about how long someone can stay in prison when they do a bunch of crimes one after another. They argued that Measure 11 works all by itself and makes sure that people who commit certain serious crimes get a minimum time in jail that can’t be made shorter, no matter what. Because of this, they believed it was okay for the person to get a long time in prison by adding up time for each crime.

Defendant’s Argument

The person who got in trouble, called the defendant, argued back. They said that by adding up the time for each crime under Measure 11, it broke the usual rules about prison time. One rule, called the “400-percent rule,” says how much total time can be added up when someone is in trouble for more than one crime. The defendant thought that Measure 11’s prison times were too harsh compared to the usual times and should be treated differently. They believed there should be limits on how much time could be added up.

Judgment Outcome

The court decided that the person speaking for Oregon, the plaintiff, was right. They concluded that the Measure 11 rules don’t have to follow the usual guidelines about prison time. Because of this, the court decided against the person in trouble, the defendant. They said it was okay for the long prison times to be added up. The case was sent back to a lower court to set the prison times again, following this decision. This was according to the Oregon Supreme Court S44978.

Resolution Method

Immediate Steps to Take

If someone finds themselves in a situation like this, where Measure 11 sentences are involved, it’s crucial to act quickly. First, they should seek the advice of a lawyer who understands Measure 11 and sentencing guidelines. This lawyer can help make sure the person understands their situation and any possible options they might have. It’s important to gather all relevant documents, like court records and any previous sentences, to help the lawyer assess the case properly. This will provide a clear picture of what has happened so far and what steps might be taken next.

Filing and Submission Strategy

When preparing to file a legal challenge or appeal, it’s important to carefully draft all necessary documents with the help of a legal expert. This includes any petitions or motions that argue why the Measure 11 sentences should not be applied consecutively. The arguments should be well-researched and based on any legal precedents that might support the case. Once the documents are ready, they should be submitted to the appropriate court in a timely manner, following all procedural rules. Missing deadlines or failing to follow court procedures can harm the case significantly.

Negotiation and Settlement Tactics

In some cases, exploring options for negotiation or settlement can be a wise strategy. This might involve discussions with the prosecutor to see if there is any room for compromise, such as agreeing to concurrent sentences for some charges to reduce overall prison time. Having a lawyer who is skilled in negotiation can be crucial here, as they can communicate effectively with the prosecution and seek a fair outcome. This approach can sometimes lead to a more favorable result without the need for a lengthy court battle.

FAQ

What is Measure 11?

Measure 11 is a law in Oregon that sets mandatory minimum sentences for certain serious crimes. This means if someone is found guilty of one of these crimes, they must serve at least a specific amount of time in prison, no exceptions.

What are Sentencing Guidelines?

Sentencing Guidelines are a set of rules that help decide how long a person should be in prison based on the crime they committed and their past criminal history. They aim to ensure fair and consistent sentencing.

What is the 200 percent rule?

The 200 percent rule is a guideline that limits the total time a person can spend in prison for multiple sentences to twice the maximum time for the most serious crime they committed.

What is the 400 percent rule?

The 400 percent rule limits how much longer a departure sentence can be compared to the normal sentence. It can’t be more than twice as long as the adjusted normal sentence.

What is a Departure Sentence?

A Departure Sentence is a sentence that is longer or shorter than the normal sentence because of special reasons, like the crime being very serious or not as bad as usual.

What is a Presumptive Sentence?

A Presumptive Sentence is the normal sentence suggested by the guidelines based on the crime’s seriousness and the person’s past crimes. It’s like a starting point for deciding the sentence.

What is a Primary Offense?

The Primary Offense is the crime that is considered the most serious among all the charges a person is facing. It’s used to determine the main sentence under the guidelines.

How does Measure 11 affect sentencing?

Measure 11 affects sentencing by enforcing strict minimum times in prison for certain serious crimes, overriding the typical flexibility allowed by sentencing guidelines.

Can Measure 11 sentences be reduced?

No, Measure 11 sentences cannot be reduced. The law requires that these sentences be served in full, with no chance for early release or reductions.

What is the Oregon Criminal Justice Council?

The Oregon Criminal Justice Council, now known as the Oregon Criminal Justice Commission, was created to develop guidelines for sentencing in the state.