A New Era in Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, and a Shift in the National Conversation Point Toward a Need for Measure 11 Reform

Authors

• Joshua Olmsted

Author Details

Joshua Olmsted, J.D. 2018, Lewis & Clark Law School.

First Page

465

Abstract

In 1994, Oregon voters passed Ballot Measure 11, a mandatory minimum sentencing scheme that imposes long inflexible sentences for a plethora of serious crimes. In addition to establishing mandatory minimum sentences, Measure 11 dramatically re-shaped the landscape of the juvenile justice system by mandating transfer to adult court for youth between 15 and 17 years old, charged with any Measure 11 offense, even if they are eventually convicted of a lesser offense. In recent years, there has been a push to rethink the way that we evaluate and treat juvenile offenders. Evolving Supreme Court jurisprudence, along with new research into adolescent neuroscience have called into question the appropriateness of treating juvenile and adult offenders equally when dealing with lengthy criminal sentences. This Note examines the history and justifications behind Measure 11’s treatment of juvenile offenders and proposes two functional and realistic reforms that would make Measure 11 a fairer sentencing scheme for juvenile offenders. Part I outlines the history of Measure 11, the reforms it laid out for Oregon’s sentencing of juvenile offenders, and the system’s shortcomings. Part II examines the evaluation of the Supreme Court’s jurisprudence regarding juvenile sentencing and how Measure 11’s structure clashes with the Court’s command that “children are different.” Part III outlines recent advances in adolescent neuroscience and how they relate to juvenile criminal culpability and Oregon’s juvenile sentencing practices. Part IV offers proposed reforms and how they fit within the existing provisions of Measure 11.

Recommended Citation

Joshua Olmsted, A New Era in Juvenile Sentencing: Why Montgomery, Adolescent Neuroscience, and a Shift in the National Conversation Point Toward a Need for Measure 11 Reform, 23 Lewis & Clark L. Rev. 465 (2019).
Available at: https://lawcommons.lclark.edu/lclr/vol23/iss1/8