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Should Juries Know the Likely Sentence When Deciding Guilt?


Are you following this blog conversation about Oregon sentencing law ?: “Should juries know the likely sentence when deciding guilt?


The title of this post is the title of this interesting BlueOregon post authored by Oregon state representative Chip Shields. The post begins with a review of the remarkable Rodriguez mandatory sentencing case (previously blogged here and here) still working its way through the Oregon state courts. But it ends with Rep. Shields setting out this legislative history and some provocative questions:

I trust juries, so in 2005, Sens. Carter, Gordly and I introduced HB 2986, which gives jurors information on the likely sentence the courts will impose upon a finding of guilt. It died for lack of a hearing in the then Republican-led Oregon House.

I’ve been thinking of reintroducing that bill, so I checked in with one well-respected constitutional scholar on the issue. I haven’t gotten his okay to use his name yet, but he wrote back ….” (read full post and links)

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