Children as young as 15 won’t automatically be tried as adults; judges will have discretion
Oregon lawmakers this year made major changes to the state’s juvenile system, reversing some of the ineffective “tough on crime” polices of the previous 25 years.
Senate Bill 1008 overturns portions of Measure 11, which was approved by voters in 1994. Measure 11 mandated that juveniles ages 15 and older would automatically be tried as adults for serious crimes such as murder, rape and kidnapping. The new law reverses that policy and allows judges to decide on a case-by-case basis whether a juvenile should be tried as an adult.
Under Measure 11, Oregon became one of the nation’s top states for incarcerating young people, according to a 2018 report by the Oregon Council on Civil Rights.
FURTHER READING: Youths branded by Measure 11
Measure 11 had racial ramifications, as well. In 1995, shortly after Measure 11 was approved, black youths were 7.3 times more likely to indicted on a Measure 11 offense than their white peers, according to the report. By 2012, they were more than 26 times more likely. While black youth indictments are more likely, they are less likely to lead to a Measure 11 conviction.
Among their arguments, Measure 11 reform advocates cited research on brain development – science that became the basis of multiple U.S. Supreme Court rulings that the death penalty and mandatory life without parole for juvenile offenders violated the Eighth Amendment protections against cruel and unusual punishment.
In addition to restoring judicial discretion, the 2019 changes will let judges waive adult prison in favor of community supervision for youths who are aging out of the juvenile system (at age 25) but who still have two years or fewer on their sentence.
It also ends life-without-parole sentences for youths, with a meaningful opportunity for release after 15 years.
This cycle in Oregon echoes California’s adoption of Proposition 21 in 2000, which, like Measure 11, mandated adult court for juveniles, ages 14 and older, charged with serious crimes. California voters repealed Proposition 21 in 2016, restoring judge discretion to whether a juvenile is processed in the adult system.
FURTHER READING: After false murder confession by teens, attorney seeks to clarify rights of young suspects
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