Oregon Measure 40, Crime Victims' Rights Initiative (1996)
| Oregon Measure 40 | |
|---|---|
|
|
|
| Election date |
|
| Topic Civil and criminal trials and Law enforcement |
|
| Status |
|
| Type Initiated constitutional amendment |
Origin |
Oregon Measure 40 was on the ballot as an initiated constitutional amendment in Oregon on November 5, 1996. It was approved.
A "yes" vote supported adding crime victims' rights to the constitution, restricting pretrial release for certain defendants, granting victims participation rights, enabling jury trials for adults upon demand, and allowing convictions for murder by an 11-1 vote. |
A "no" vote opposed adding crime victims' rights to the constitution, restricting pretrial release for certain defendants, granting victims participation rights, enabling jury trials for adults upon demand, and allowing convictions for murder by an 11-1 vote. |
Election results
|
Oregon Measure 40 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
778,574 | 58.85% | ||
| No | 544,301 | 41.15% | ||
Text of measure
Ballot title
The ballot title for Measure 40 was as follows:
| “ | AMENDS CONSTITUTION: GIVES CRIME VICTIMS RIGHTS, EXPANDS ADMISSIBLE EVIDENCE, LIMITS PRETRIAL RELEASE RESULT OF “YES” VOTE: Vote “yes" to add crime victims’ rights to constitution, expand evidence admissible in criminal trials. RESULT OF “NO” VOTE: Vote "no" to leave state constitution without specific protections for victims, retain current evidence standards. SUMMARY: Adds new section to state constitution. Affects adult, juvenile criminal proceedings involving victims. Prohibits pretrial release for certain defendants unless judge finds defendant will not commit new crimes if released. Victims may attend, be heard at proceedings, demand jury trials of adults, get information about defendant. Allows murder, aggravated murder, conviction on 11-1 vote. Most relevant evidence admissible against defendant, except as required by federal constitution. State courts may not independently interpret some state constitutional rights to give defendants more rights than given by federal constitution. ESTIMATE OF FINANCIAL IMPACT: Direct state expenditures to implement a one-time change required by this measure is estimated at $223,000. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Oregon, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval unless the initiative proposes changing vote requirements, then the initiative must be approved by the same supermajority requirement as proposed by the measure.
See also
External links
Footnotes
 |
State of Oregon Salem (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |