A New Proportionality Analysis? Mental Health, Treatment and Prison
From OCDLA Library of Defense
< Blog:Main(Difference between revisions)
This wikilog article is a draft, it was not published yet.
by: Ryan • April 22, 2016 • no comments
(Created page with "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 P...") |
|||
| Line 6: | Line 6: | ||
<summary> | <summary> | ||
| − | :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 | + | :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?</summary> |
| − | functioning, when deciding whether a substantial, mandatory-minimum prison term would shock the conscience of reasonable people?</summary> | + | |
{{wl-publish: 2016-04-22 12:00:26 -0700 | Ryan:Ryan Scott }} | {{wl-publish: 2016-04-22 12:00:26 -0700 | Ryan:Ryan Scott }} | ||
Latest revision as of 12:00, April 23, 2016
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?
