Side Bars – Our Obligations – The Purpose of Civil Government – The Witness of the Reformational Church to the Role of the Civil Magistrate – Closing Exhortation

Ballot Recommendations Summary Measure 26 Measure 27 Measure 28 Measure 29 Measure 30 Measure 31 Measure 32 Measure 33 Measure 34 Measure 35 Measure 36 Measure 37 Measure 38 Measure 39 Measure 40 Measure 41 Measure 42 Measure 43 Measure 44 Measure 45 Measure 46 Measure 47 Measure 48

Measure 40
Amends Constitution: Gives Crime Victims Rights, Expands Admissible Evidence, Limits Pretrial Release

Like 1994’s “tough on crime” Initiative, this may look good, but we believe it is potentially very bad. For instance, under this Measure, victims could insist that your fate in a criminal proceeding be in the hands of a jury of today’s citizens, instead of a judge. The Scriptures posit judges, proven in character and ability, as the normal determiner of guilt and innocence. While the frustration many feel with the criminal justice system is real and understandable, the solution is not to do what is right in our eyes. The solution is to follow God’s Word, which says judges are the normal means of determining guilt, and then determining the appropriate penalty. Last year, our Executive Director who also pastors at a Portland-area church became personally acquainted with a direct effect of 1994’s similar “tough on crime” initiative. That measure mandated certain prison terms for particular crimes, unbiblically taking the determination of appropriate sentencing away from judges and putting it into the hands of the electorate. The result in the above-mentioned case was that a Christian man, new to our country, served six months in jail rather than risk a mandatory six year prison term for hitting (with a cane) a man that attacked him. The attacker is a known bully, so much so that that the only witness to the affair was afraid to testify against him. Our Christian friend, knowing little of our country’s customs and not proficient in English, could either risk a trial and a mandatory six year prison term if convicted, or plead guilty to a lower charge and be out in six months. He did the latter. Though innocent, the fear of the mandatory long prison term pressured him into compromise. Like the 1994 Measure, this Measure is well-intentioned, but the wrong answer. We must be more diligent to hold our judges accountable. We should give up on the whole prison approach to criminal justice. God’s Word provides for double restitution to victims in most cases, not jail. The Bible says that those who commit violent rape, murder and repeat violent offences should be executed. This is the answer to our crime problem, not imposing a non-biblical system which would further restrict the rights of God-fearing, honest citizens. We recommend a NO vote on this measure.

Vote "yes" to add crime victims' rights to constitution, expand evidence admissible in criminal trials.

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.

This voters' guide produced by Parents Education Association, PAC.