A New Proportionality Analysis? Mental Health, Treatment and Prison
From OCDLA Library of Defense
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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?