A New Proportionality Analysis? Mental Health, Treatment and Prison

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by: Ryan • April 22, 2016 • no comments

The Oregon Supreme Court granted review to State v Ryan, which is described in their press release as follows:

State of Oregon v. Steven Levi Ryan, 275 Or App 22, 364 P3d 1012 (2015) (A156146) (S063857) (on review from the Marion County Circuit Court)

Defendant Steven Levi Ryan has been granted review of a Court of Appeals decision that affirmed without opinion judgments convicting him of one count of sexual abuse I and three counts of sexual abuse III. On review, the issue is:

Under Article I, section 16, of the Oregon Constitution, and the Eighth Amendment to the United States Constitution, which prohibit disproportionate sentences, must a trial court consider a defendant's mental functioning, and the likelihood of effective treatment given that mental functioning, when deciding whether a substantial, mandatory-minimum prison term would shock the conscience of reasonable people?