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WHEREAS Oregon law vests judges with discretion to select an appropriate
sentence or disposition following adjudication of criminal conduct or violation
of terms of probation in adult and juvenile cases;
WHEREAS Article I, Section 15, of the Constitution of the State of Oregon
provides that "Laws for the punishment of crime shall be founded on these
principles: protection of society, personal responsibility, accountability
for one's actions and reformation;"
WHEREAS Oregon law declares that the purposes of the Criminal Code include,
among others, "To insure the public safety by preventing the commission
of offenses through the deterrent influence of the sentences authorized,
the correction and rehabilitation of those convicted, and their confinement
when required in the interests of public protection" (ORS 161.025(1)(a));
"To prescribe penalties which are proportionate to the seriousness of offenses
and which permit recognition of differences in rehabilitation possibilities
among individual offenders" (ORS 161.025(1)(f)); and "To safeguard offenders
against excessive, disproportionate or arbitrary punishment" (ORS 161.025(1)(g));
WHEREAS Oregon law empowers judges to "impose any special conditions
of probation that are reasonably related to the crime of conviction or
the needs of the defendant for the protection of the public or reformation
of the offender, or both" (ORS 137.540(2)), and requires that judges make
decisions to incarcerate probation violators in prison based "upon a reasonably
systematic basis that will insure that available prison space is used to
house those offenders who constitute a serious threat to the public, taking
into consideration the availability of both prison space and local resources"
(ORS 137.592(2));
WHEREAS Oregon law provides that the juvenile justice system in delinquency
cases is "founded on the principles of personal responsibility, accountability
and reformation within the context of public safety and restitution to
the victims and to the community" (ORS 419C.001);
WHEREAS Oregon law vests judges with discretion to select an appropriate
sentence or disposition following an adjudication of criminal conduct or
violation of terms of probation in adult and juvenile cases;
WHEREAS public safety would be furthered by increased attention to the
probable impact of judges' choices in the exercise of such discretion on
the future criminal conduct of offenders;
THEREFORE, BE IT RESOLVED BY THE OREGON JUDICIAL CONFERENCE that in
the course of considering the public safety component of criminal sentencing,
juvenile delinquency dispositions, and adult and juvenile probation decisions,
judges should consider and invite advocates to address the likely impact
of the choices available to the judge in reducing future criminal conduct.
BE IT FURTHER RESOLVED that judges are encouraged to seek and obtain training, education and information to assist them in evaluating the effectiveness of available sanctions, programs, and sentencing options in reducing future criminal conduct.