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Oregon General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Oregon that do not fit into any other Oregon sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #51  
Old 08-23-2011, 02:59 PM
TwentyYearsAgo TwentyYearsAgo is offline
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Is Burglary 1 considered a measure 11 crime? While in Washington County jail recently for a parole violation they took a dna sample from me (swabbed my mouth). When I asked why, they said I had a measure 11 case. I have a burg 1, UUMV, and escape II.
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  #52  
Old 08-23-2011, 04:07 PM
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Scott Scott is offline
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Originally Posted by TwentyYearsAgo View Post
Is Burglary 1 considered a measure 11 crime? While in Washington County jail recently for a parole violation they took a dna sample from me (swabbed my mouth). When I asked why, they said I had a measure 11 case. I have a burg 1, UUMV, and escape II.
No it's not. Here's the Measure 11 List:
Crime
Arson I
Assault I
Assault II
Attempted Aggravated Murder
Attempted Murder
Kidnapping I
Kidnapping II
Manslaughter I
Manslaughter II
Murder
Rape I
Rape II
Robbery I
Robbery II
Sexual Abuse I
Unlawful Sexual Penetration I
Unlawful Sexual Penetration II
Sodomy I
Sodomy II
Using a Child in a Display of Sexually Explicit Conduct
Compelling Prostitution
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  #53  
Old 08-27-2011, 01:54 AM
Zelda50 Zelda50 is offline
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The DNA swab has nothing to do with whether you're charged with a M11 crime or not. It's now the law in Oregon that every person convicted of a felony is required to give a DNA sample. Congress passed "Katie's Law" which gives financial incentives to States who pass a law requiring the DNA.

I believe there have been some conflicting Supreme Court cases regarding the issue of whether those convicted of a felony PRIOR to the DNA law being passed should be required to give a DNA sample and, if you are on parole for an offense committed before Oregon passed that law (in 2004), you might have some legal challenge. Especially if the DNA sample leads to you being charged with a new crime. But that's a complex area of law - just mentioning it so you can ask a lawyer if you find yourself in that situation. There would also be the issue of whether being found in violation of your felony parole is considered a "new" felony conviction.

There are more and more states passing laws requiring DNA samples at arrest, whether charged with a crime or convicted of a crime. The ACLU has been challenging some of those laws.

Maybe more than you wanted to know... Scott is correct that Burglary 1 is not a M11 crime.
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  #54  
Old 03-02-2014, 04:03 PM
Rachel011 Rachel011 is offline
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It is all so confusing! agh. Does anyone know if setencing for M11 has any kind of guidlines as far as first offenders? And I am sure that it's not something anyone can give advice on but, if the person who is being tried really is a good person, who needs therapy/treatment etc will it help them at all to tell the court that and show pictures and letters and let them know that they really are a good person? I am just wondering... He is so young and to lock him up for 50+ years, they might as well just be giving him life... I am so worried.
I have a friend in a similar situation. He's been locked up since before he was 18 and won't be out until he's in his 50's because of this measure. Have you or anyone else heard about anything new about measure 11??
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Old 03-03-2014, 09:48 PM
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I have a friend in a similar situation. He's been locked up since before he was 18 and won't be out until he's in his 50's because of this measure. Have you or anyone else heard about anything new about measure 11??
If he's been incarcerated since before he was 18, and now won't be released until he's in his 50s, I'm thinking that you must be referring to several incidences over a matter of time? Oregonians love their Measure 11. Although there has been some small progress, and there is a statutory opt out for some first time offenders on some M11 crimes, M11 remains a powerful tool for prosecutors to coerce pleas from the accused, or otherwise cast a one size fits all net to incarcerate the largest number of people for the absolute longest time possible. M11 = lock 'em up and throw away the key "justice."
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Old 03-04-2014, 11:08 AM
Rachel011 Rachel011 is offline
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If he's been incarcerated since before he was 18, and now won't be released until he's in his 50s, I'm thinking that you must be referring to several incidences over a matter of time? Oregonians love their Measure 11. Although there has been some small progress, and there is a statutory opt out for some first time offenders on some M11 crimes, M11 remains a powerful tool for prosecutors to coerce pleas from the accused, or otherwise cast a one size fits all net to incarcerate the largest number of people for the absolute longest time possible. M11 = lock 'em up and throw away the key "justice."
Thanks for the reply Athena,
He's been in prison since 17 over a bad crime, but I feel at such a young age they should have done some kind of psychological counseling and not just put him in prison for his whole life. It was one crime but they did their best to lock him up for a very long time so they got him on different counts of things but all for the same act.
They made it seem he would be better off taking their offer than going to court so he never went to court. Anyhow it just didn't seem fair to me especially since here in California I've known people who committed 'worse' ( my opinion of course) and getting out on parole much sooner. As a kid he was in and out of juvi so I'm not sure if it could be taken as a first time offense? I believe in second chances. It sounds like there isn't much we can do...I'd be up to writing to senators, etc. but I'm not really sure how much of anything it would do...
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