Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
The sentencing judge cannot give a lesser sentence than that prescribed by Measure 11, nor can a prisoner's sentence be reduced for good behavior. Prisoners cannot be paroled prior to serving their minimum sentence.
{| class=wikitable style="margin:0px 0px 0px 50px;" align="right"
|+Minimum sentences mandated by Measure 11
! Crime !! Minimum sentence
|-
|Aggravated murder
|30 to life
|-
| Murder || 25 years
|-
| First degree manslaughter|| 10 years
|-
|Conspiracy to commit aggravated murder
|10 years
|-
|Attempted aggravated murder
|10 years
|-
| First degree unlawful sexual penetration**
| 8 years, 4 months
|-
| First degree sodomy**
| 8 years, 4 months
|-
| First degree rape**|| 8 years, 4 months
|-
|First degree arson with threat of serious injury
|7 years, 6 months
|-
| First degree robbery|| 7 years, 6 months
|-
| First degree kidnapping**|| 7 years, 6 months
|-
| First degree assault|| 7 years, 6 months
|-
|Conspiracy to commit murder
|7 years, 6 months
|-
|Attempted murder
|7 years, 6 months
|-
| First degree sexual abuse*|| 6 years, 3 months
|-
| Second degree unlawful sexual penetration*
| 6 years, 3 months
|-
| Second degree sodomy
|
|-
| Second degree assault* || 5 years, 10 months
|-
| Second degree kidnapping* || 5 years, 10 months
|-
| Second degree robbery* || 5 years, 10 months
|-
| colspan="2" |*<small>ORS 137.712 may authorize the court to impose a sentence of less than the M11 minimum</small>
|-
| colspan="2" |**<small>300-month minimum applies only to adult defendants for crimes committed on/after 4/24/06</small>
|}
The measure applies to all defendants aged 15 and over, requiring juveniles 15 and over charged with these crimes to be tried as adults.
Ballot Measure 10, also passed in 1994, permitted the Oregon Legislative Assembly to change Measure 11, but only with a 2/3 vote in each chamber. The legislature has done so several times. such as:
- "Second Look" hearings for any juvenile convicted in adult court after completion of half their sentence. Judges are to consider factors such as remorse and rehabilitation, and may reduce the remainder of the juvenile's sentence to community-based supervision.
- Prohibiting life without parole for minors.
- Ensuring minors of 15 years or older are not automatically tried as adults for major crimes.
Oregon's prison population increased after Measure 11, and as of 2004, 41% of the growth was attributed to the direct or indirect impact of Measure 11. Crime rates in Oregon decreased between 1994 and 2000, but increased in 2001; opponents of Measure 11 noted that the trend mirrored national trends, while acknowledging that some likely re-offenders were imprisoned as a result of the law.
Background and context
Prior to 1989, Oregon judges would decide whether a convicted felon should be put on probation or sent to prison, and for those sent to prison, set a maximum sentence (known as an "indeterminate sentence.") Based on a subsequent decision by the Parole Board, which used an assessment of good behavior, rehabilitative efforts, and criminal case, the average offender would serve a fraction of the sentence handed down by the judge.
According to the report, Measure 11 mandates that juveniles hold the same culpability as adults, despite brain science declaring otherwise. The conference highlights similar concerns and statistics echoed by Measure 11's original opponents in concerns to youth, Coffee Creek Correctional Facility reported 2015 that 46% of their intakes that year experienced domestic violence; 76% were unemployed; over half had children; and 38% had not finished high school.