EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Thursday, January 18, 2018

Cyntoia Brown & the "51-To-Life" Project: Oregon

This is the thirty-eighth in a series of posts on the "51-To-Life" Project. In Tennessee, if a juvenile is convicted of first-degree murder, there are two sentencing options: (1) life without the possibility of parole; or (2) life with the possibility of parole, with that possibility only existing after the juvenile has been incarcerated for 51 years. In this post, I will explain why Oregon treats juvenile homicide offenders better than Tennessee.  

Oregon still allows for the sentence of life without parole for juvenile homicide offenders. Such offenders can also be given the sentence of life imprisonment with the possibility of parole. Oregon Revised Statutes Section 163.105(1)(c) states that

If sentenced to life imprisonment, the court shall order that the defendant shall be confined for a minimum of 30 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

Therefore, a juvenile homicide offender given a sentence of life with the possibility of parole in Oregon is eligible for release after serving 30 years. As a result, Oregon treats juvenile homicide offenders better than Tennessee.

-CM

https://lawprofessors.typepad.com/evidenceprof/2018/01/this-is-the-thirty-eighth-in-a-series-of-posts-on-the-51-to-life-projectin-tennessee-if-a-juvenile-is-convicted-of-first-de.html

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