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Measure Details

Amends Constitution: Enables Crime Victims to Enforce Existing Constitutional Rights in Prosections, Delinquency Proceedings

Oregon Ballot Measure - Measure 52

Election: Primary May 20, 2008 (Primary)
Outcome: Passed

Categories:
Crime
Civil Liberties and Civil Rights
Constitution

Summary

Grants a victim the right to assert a claim in a pending case or seek a writ of mandamus if no case is pending. Allows the victim to request the assistance of the prosecuting attorney to assert the victim’s rights. Allows the prosecuting attorney the discretion to assert or not assert the rights of the victim. Defines “victim” as any person determined by the court as well as the prosecuting attorney to have suffered direct financial, psychological or physical harm. Provides that this section does not suspend a criminal or juvenile delinquency proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution as well as the Constitution of the United States. Allows the Legislative Assembly to enact laws further effectuating victims’ right to seek redress under Section 43

Measure Text

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