Other Crimes with Vertical Proportionality Problems
by: Ryan • June 14, 2011 • no comments
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The [http://www.publications.ojd.state.or.us/A141269.htm ''Simonson'' opinion] said that Sex Abuse II, under a ''Stamper ''theory of conviction, presented "the textbook example of the principle of vertical proportionality." | The [http://www.publications.ojd.state.or.us/A141269.htm ''Simonson'' opinion] said that Sex Abuse II, under a ''Stamper ''theory of conviction, presented "the textbook example of the principle of vertical proportionality." | ||
| − | What are other crimes that might have the same problem? ''See'' [[Blog:Main/ | + | What are other crimes that might have the same problem? ''See'' [[Blog:Main/Statutes_with_Vertical_Proportionality_Problems | this blog post from February 3, 2011]]. It discusses the crimes of Online Sexual Corruption of a Minor and Possession of a Precursor Substance. |
Another potential proportionality problem is created by Aggravated ID Theft. Assume your client is already subject to a repeat property sentence under ORS 137.717. For 2 ID Thefts, he could get 26 months (2 x 13) in prison (even without an upward departure). For 10 ID Thefts, he could be charged with Aggravated ID Theft and only get 19 months in prison. | Another potential proportionality problem is created by Aggravated ID Theft. Assume your client is already subject to a repeat property sentence under ORS 137.717. For 2 ID Thefts, he could get 26 months (2 x 13) in prison (even without an upward departure). For 10 ID Thefts, he could be charged with Aggravated ID Theft and only get 19 months in prison. | ||
{{wl-publish: 2011-06-14 21:00:00 -0700 | Ryan }} | {{wl-publish: 2011-06-14 21:00:00 -0700 | Ryan }} | ||
Revision as of 19:04, December 21, 2012
The Simonson opinion said that Sex Abuse II, under a Stamper theory of conviction, presented "the textbook example of the principle of vertical proportionality."
What are other crimes that might have the same problem? See this blog post from February 3, 2011. It discusses the crimes of Online Sexual Corruption of a Minor and Possession of a Precursor Substance.
Another potential proportionality problem is created by Aggravated ID Theft. Assume your client is already subject to a repeat property sentence under ORS 137.717. For 2 ID Thefts, he could get 26 months (2 x 13) in prison (even without an upward departure). For 10 ID Thefts, he could be charged with Aggravated ID Theft and only get 19 months in prison.
