These are the measures MADD endorses in the voters pamphlet and this editorial http://registerguard.com/csp/cms/sites/dt.cms.support.viewStory.cls?cid=97598&sid=5&fid=2&p=print is a good source of info to help any potential inquiries as to why it is important. We encourage voters to support these Measures.
Measure 51 http://www.sos.state.or.us/elections/may202008/guide/meas/m51.html
AMENDS CONSTITUTION: ENABLES CRIME VICTIMS TO ENFORCE EXISTING CONSTITUTIONAL RIGHTS IN PROSECUTIONS, DELINQUENCY PROCEEDINGS; AUTHORIZES IMPLEMENTING LEGISLATION.
Section 42 of Article I (the Bill of Rights) of the Oregon Constitution establishes rights of crime victims in adult criminal and juvenile delinquency cases. Those rights include, among others, the right to be present and to be heard at critical stages in the case, to obtain information about the defendant or alleged juvenile offender, to refuse to be interviewed by the defendant or alleged juvenile offender, to obtain a transcript of certain court cases and, upon request, to be consulted about plea negotiations in certain cases.
Currently, victims cannot enforce effectively any of the rights established in section 42 because section 42 provides that assertion of a victim's rights cannot invalidate a court ruling or suspend a case. Thus, victims cannot appeal from or otherwise challenge a ruling of a court denying any of their section 42 rights, and the constitution prevents the legislature from providing victims effective procedural rights by statute.
Measure 52 http://www.sos.state.or.us/elections/may202008/guide/meas/m52.html
AMENDS CONSTITUTION: ENABLES CRIME VICTIMS TO ENFORCE EXISTING CONSTITUTIONAL RIGHTS IN PROSECUTIONS, DELINQUENCY PROCEEDINGS; AUTHORIZES IMPLEMENTING LEGISLATION.
Section 43 of Article I of the Oregon Constitution (the Bill of Rights) establishes rights of crime victims in adult criminal and juvenile delinquency cases. Section 43 establishes the right to be reasonably protected from the accused throughout the adult criminal and juvenile delinquency process and the right to have decisions by the court about the pretrial release of the accused based upon the principles of reasonable protection of the victim and the public, and the likelihood that the accused will appear for trial.
Currently, victims cannot enforce effectively any of the rights established in section 43 because section 43 provides that assertion of a victim's rights cannot invalidate a court ruling or suspend a case and because district attorneys are the only parties to a case that have authority to assert the victim's section 43 rights. Thus, victims cannot appear in court to assert their section 43 rights and cannot appeal from or otherwise challenge a ruling of a court denying any of their section 43 rights. The constitution prevents the legislature from providing victims such procedural rights by statute. HJR 50 amends section 43 of Oregon's Bill of Rights. Under the measure, victims could individually seek remedies for violations of section 43 "by due course of law." Victims of crime could challenge a ruling of a court denying the victim a right secured for the victim by section 43. To effectuate their rights under section 43, the measure allows victims to seek a delay in an adult criminal or juvenile delinquency case. Victims could pursue remedies in the criminal or juvenile delinquency case if one is pending, or, if no such case is pending, could initiate a case of their own. If the victim and the district attorney agreed, the district attorney could enforce the victim's section 43 rights. The measure authorizes the legislature to enact statutes providing the details of victims' remedial processes, including reasonable limitations on the time allowed for filing claims and the circumstances in which appeals are allowed.
Measure 51 http://www.sos.state.or.us/elections/may202008/guide/meas/m51.html
AMENDS CONSTITUTION: ENABLES CRIME VICTIMS TO ENFORCE EXISTING CONSTITUTIONAL RIGHTS IN PROSECUTIONS, DELINQUENCY PROCEEDINGS; AUTHORIZES IMPLEMENTING LEGISLATION.
Section 42 of Article I (the Bill of Rights) of the Oregon Constitution establishes rights of crime victims in adult criminal and juvenile delinquency cases. Those rights include, among others, the right to be present and to be heard at critical stages in the case, to obtain information about the defendant or alleged juvenile offender, to refuse to be interviewed by the defendant or alleged juvenile offender, to obtain a transcript of certain court cases and, upon request, to be consulted about plea negotiations in certain cases.
Currently, victims cannot enforce effectively any of the rights established in section 42 because section 42 provides that assertion of a victim's rights cannot invalidate a court ruling or suspend a case. Thus, victims cannot appeal from or otherwise challenge a ruling of a court denying any of their section 42 rights, and the constitution prevents the legislature from providing victims effective procedural rights by statute.
Measure 52 http://www.sos.state.or.us/elections/may202008/guide/meas/m52.html
AMENDS CONSTITUTION: ENABLES CRIME VICTIMS TO ENFORCE EXISTING CONSTITUTIONAL RIGHTS IN PROSECUTIONS, DELINQUENCY PROCEEDINGS; AUTHORIZES IMPLEMENTING LEGISLATION.
Section 43 of Article I of the Oregon Constitution (the Bill of Rights) establishes rights of crime victims in adult criminal and juvenile delinquency cases. Section 43 establishes the right to be reasonably protected from the accused throughout the adult criminal and juvenile delinquency process and the right to have decisions by the court about the pretrial release of the accused based upon the principles of reasonable protection of the victim and the public, and the likelihood that the accused will appear for trial.
Currently, victims cannot enforce effectively any of the rights established in section 43 because section 43 provides that assertion of a victim's rights cannot invalidate a court ruling or suspend a case and because district attorneys are the only parties to a case that have authority to assert the victim's section 43 rights. Thus, victims cannot appear in court to assert their section 43 rights and cannot appeal from or otherwise challenge a ruling of a court denying any of their section 43 rights. The constitution prevents the legislature from providing victims such procedural rights by statute. HJR 50 amends section 43 of Oregon's Bill of Rights. Under the measure, victims could individually seek remedies for violations of section 43 "by due course of law." Victims of crime could challenge a ruling of a court denying the victim a right secured for the victim by section 43. To effectuate their rights under section 43, the measure allows victims to seek a delay in an adult criminal or juvenile delinquency case. Victims could pursue remedies in the criminal or juvenile delinquency case if one is pending, or, if no such case is pending, could initiate a case of their own. If the victim and the district attorney agreed, the district attorney could enforce the victim's section 43 rights. The measure authorizes the legislature to enact statutes providing the details of victims' remedial processes, including reasonable limitations on the time allowed for filing claims and the circumstances in which appeals are allowed.
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