Background
The measure amended the Oregon Constitution providing crime victims an effective processes for enforcing remedy by due course of law for violations of the constitutional rights in criminal prosecutions and juvenile delinquency proceedings. These rights included the rights to: be present during specified proceedings, refuse defendants' discovery requests, receive restitution, obtain transcripts, consult about specified plea negotiations). The version of the constitution at the time this measure was put forward denied victims effective processes for enforcing these rights in court.
The measure provides victims may assert claim based on these rights in pending cases or, absent pending case, by mandamus. It authorizes legislature to enact implementing legislation. It would however, allow victims to obtain compensation, invalidate an accusatory instrument, conviction or adjudication, terminate a criminal or juvenile delinquency proceeding, or suspend such proceeding if suspension would violate defendant's constitutional rights.
Read more about this topic: Oregon Ballot Measure 51 (2008)
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