Legal Research

Oregon Constitution in Small Bites: Bite #8 (Bill of Rights, 43-45)

Oregon Constitution in Small Bites: Bite #1 and Bite #2 (Bill of Rights, 1-6)
Oregon Constitution in Small Bites: Bite #3 (Bill of Rights, 7-12)
Oregon Constitution in Small Bites: #4 (Bill of Rights, 13-20)
Oregon Constitution in Small Bites: #5 (Bill of Rights, 21-30)
Oregon Constitution in Small Bites: #6 (Bill of Rights, 32-39)
Oregon Constitution in Small Bites #7: Bill of Rights, 40-42)

Today: Oregon Constitution in Small Bites: Bite #8 (Bill of Rights, 43-45):

43. Rights of victim and public to protection from accused person during criminal proceedings; denial of pretrial release
44. Term of imprisonment imposed by court to be fully served; exceptions
45. Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case

Section 43. Rights of victim and public to protection from accused person during criminal proceedings; denial of pretrial release. (1) To ensure that a fair balance is struck between the rights of crime victims and the rights of criminal defendants in the course and conduct of criminal proceedings, the following rights are hereby granted to victims in all prosecutions for crimes:
(a) The right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process and from the alleged youth offender or youth offender throughout the juvenile delinquency proceedings.
(b) The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial. Murder, aggravated murder and treason shall not be bailable when the proof is evident or the presumption strong that the person is guilty. Other violent felonies shall not be bailable when a court has determined there is probable cause to believe the criminal defendant committed the crime, and the court finds, by clear and convincing evidence, that there is danger of physical injury or sexual victimization to the victim or members of the public by the criminal defendant while on release.
(2) This section applies to proceedings pending or commenced on or after the effective date of this section. Nothing in this section abridges any right of the criminal defendant guaranteed by the Constitution of the United States, including the rights to be represented by counsel, have counsel appointed if indigent, testify, present witnesses, cross-examine witnesses or present information at the release hearing. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceeding at any point after the case is commenced or on appeal. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution.
(3) As used in this section:
(a) ?Victim? means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.
(b) ?Violent felony? means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.
(4) The prosecuting attorney is the party authorized to assert the rights of the victim and the public established by this section. [Created through H.J.R. 90, 1999, and adopted by the people Nov. 2, 1999]

Note: See notes under section 42 of this Article.

Section 44. Term of imprisonment imposed by court to be fully served; exceptions. (1)(a) A term of imprisonment imposed by a judge in open court may not be set aside or otherwise not carried out, except as authorized by the sentencing court or through the subsequent exercise of:
(A) The power of the Governor to grant reprieves, commutations and pardons; or
(B) Judicial authority to grant appellate or post-conviction relief.
(b) No law shall limit a court?s authority to sentence a criminal defendant consecutively for crimes against different victims.
(2) This section applies to all offenses committed on or after the effective date of this section. Nothing in this section reduces a criminal defendant?s rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceedings at any point after the case is commenced or on appeal.
(3) As used in this section, ?victim? means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim. [Created through H.J.R. 94, 1999, and adopted by the people Nov. 2, 1999]

Note: See notes under section 42 of this Article.

Section 45. Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case. (1) In all grand juries and in all prosecutions for crimes tried to a jury, the jury shall be composed of persons who have not been convicted:
(a) Of a felony or served a felony sentence within the 15 years immediately preceding the date the persons are required to report for jury duty; or
(b) Of a misdemeanor involving violence or dishonesty or served a sentence for a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty.
(2) This section applies to all criminal proceedings pending or commenced on or after the effective date of this section, except a criminal proceeding in which a jury has been impaneled and sworn on the effective date of this section. Nothing in this section reduces a criminal defendant?s rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to disqualify a jury, invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal proceeding at any point after a jury is impaneled and sworn or on appeal. [Created through H.J.R. 89, 1999, and adopted by the people Nov. 2, 1999]

Note: See notes under section 42 of this Article.

Whole meal: Oregon Constitution.

Full post as published by Oregon Legal Research on September 26, 2008 (boomark / email).