They said Measure 11 would only apply to adults. That was a lie.
Oregon voters were misled into voting for Measure 11. That initiative set up mandatory minimum sentences for adults convicted of certain offenses. The idea that voters were sold was that the measure would only apply to people aged 15 or older, and that the offenses to which Measure 11 would apply were all serious, violent crimes. Those were lies. The latter lie, about the nature of the offenses involved, became apparent quite quickly. The former still persists.
On this installment of Prison Pipeline, we hear part two of an interview with Jessica Tibbets. She was convicted for the murders committed by her then-boyfriend when she was 14 years old. Jessica's mandatory life sentence allowed the chance for a "second look" after she had served fifteen years. The court took that second look in 2013, decided that Jessica had served enough time, and that she should be released. In spite of the abuse she suffered as a young child, in spite of how badly the system failed her when she was growing up, in spite of all the hurdles and barriers placed in her way, Jessica is integrating herself into society.
The United Nations Committee on the Rights of the Child issued a general comment in 2007 titled Children's Rights in Juvenile Justice. They state that:
“No child who was under the age of 18 at the time he or she committed an offence should be sentenced to life without the possibility of release or parole. For all sentences imposed upon children the possibility of release should be realistic and regularly considered. In this regard, the Committee refers to article 25 of the Convention providing the right to periodic review for all children placed for the purpose of care, protection or treatment. The Committee reminds the States parties which do sentence children to life imprisonment with the possibility of release or parole that this sanction must fully comply with and strive for the realization of the aims of juvenile justice enshrined in article 40, paragraph 1, of the Convention. This means inter alia that the child sentenced to this imprisonment should receive education, treatment, and care aiming at his/her release, reintegration and ability to assume a constructive role in society. This also requires a regular review of the child’s development and progress in order to decide on his/her possible release. Given the likelihood that a life imprisonment of a child will make it very difficult, if not impossible, to achieve the aims of juvenile justice despite the possibility of release, the Committee strongly recommends the States parties to abolish all forms of life imprisonment for offences committed by persons under the age of 18.”
The UN's Convention on the Rights of the Child has been adopted by every nation on earth except one: the United States. We are the last hold-out. The Convention was adopted by the UN and opened for signature, ratification, and accession by the General Assembly in November of 1989. We became a signatory in early 1995, yet more than twenty one years later, that Convention has not yet even been presented to the Senate for its approval.
Legally, in Oregon, people are considered to be adults when they reach age 18. However, Oregon criminal law allows children under the age of 15 to be waived into adult court for a number of offenses. Children aged 15, 16, and 17 are put into adult court for even more offenses. Oregon's criminal juvenile justice system falls far short of international standards, as do most other states in the U-S. We should do better than that. We are better than that. We must try harder.
Children in the Adult System, An Interview with Jessica Tibbets, Part One
- KBOO