Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 135.415

Criteria to be considered in plea discussions and plea agreements

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      135.415 Criteria to be considered in plea discussions and plea agreements. In determining whether to engage in plea discussions for the purpose of reaching a plea agreement, the district attorney may take into account, but is not limited to, any of the following considerations:

      (1) The defendant by the plea of the defendant has aided in insuring the prompt and certain applications of correctional measures to the defendant.

      (2) The defendant has acknowledged guilt and shown a willingness to assume responsibility for the conduct of the defendant.

      (3) The concessions made by the state will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction.

      (4) The defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial.

      (5) The defendant has given or offered cooperation when the cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct.

      (6) The defendant by the plea of the defendant has aided in avoiding delay in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. [1973 c.836 §171]

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1976–2021 · leading case: State v. McDonnell
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State v. McDonnell (1992) or · cites it 10× “2d 780 (1990), this court found a statutory violation of ORS 135.415, because "the victim's parents' wishes were the controlling factor in the district attorney's decision [not to accept defendant's plea offer].”
State v. McDonnell (1990) or · cites it 14× “405, which provides in part: *783 "(1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415, the district attorney may engage in plea…”
State v. Savastano (2013) or · cites it 7× “In response to the defendant’s argument that the district attorney’s office lacked a coherent, systematic policy for offering plea bargains, this court noted that ORS 135.415 specified the criteria for offering a plea bargain and reasoned that those statutory criteria provided…”
Trujillo v. Maass (1991) or · cites it 4× “"(4) When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent decision on…”
State v. Tucker (1993) or · cites it 4× “" ORS 135.415 sets forth non-exclusive criteria that a district attorney may consider in deciding whether to engage in plea discussions with a defendant.”
State v. Buchholz (1990) or · cites it 5× “ORS 135.415 provides a nonexclusive list of criteria “the district attorney may take into account” (emphasis added) in making plea agreements.”
State v. Adams (1993) or · cites it 2× “This seems somewhat like analogizing plea agreements to contracts, i.e., they create their own "law" and are enforceable so long as they are approved by the court and do not violate public policy.”
State v. Justice (2015) orctapp · cites it 10× “432(4) provides: “When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent…”
State v. Guzek (1990) or · cites it 3× “405 and ORS 135.415, 3 deal *304 ing with how a person qualifies for consideration for equal plea agreement opportunities).”
McDonnell v. Premo (2021) orctapp “In McDonnell III, on the state’s concession, the court held that the district attorney had violated ORS 135.415, which describes the criteria to be considered in plea negotia- tions, by allowing the victim’s parents to control the decision whether to accept a plea offer, and the…”
Rise v. Board of Parole (1987) or · cites it 2× “"(4) When a plea of guilty or no contest is tendered or received as a result of a prior plea agreement, the trial judge shall give the agreement due consideration, but notwithstanding its existence, the trial judge is not bound by it, and may reach an independent decision on…”
In Re Complaint as to the Conduct of Rook (1976) or “(1) In cases in which it appears that the interest of the public in the effective administration of criminal justice would thereby be served, and in accordance with the criteria set forth in ORS 135.415, the district attorney may engage in plea discussions for the purpose of…”
Show all 14 citing cases →
— Or. Rev. Stat. § 135.415(3) — 1 case
State v. Acker (2001) orctapp
— Or. Rev. Stat. § 135.415(5) — 1 case
State v. Buchholz (1990) or “ORS 135.415 provides a nonexclusive list of criteria “the district attorney may take into account” (emphasis added) in making plea agreements.”
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