Oregon Revised Statutes

Or. Rev. Stat. § 137.100 (2026)

Defendant as witness in relation to circumstances

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

137.100 Defendant as witness in relation to circumstances. If the defendant consents thereto, the defendant may be examined as a witness in relation to the circumstances which are alleged to justify aggravation or mitigation of the punishment; but if the defendant gives testimony at the request of the defendant, then the defendant must submit to be examined generally by the adverse party.

(Compensatory Fine)

Notes of Decisions

Cited in 4 cases, 1974–1999 · leading case: State Ex Rel. Russell v. Jones, 647 P.2d 904 (Or. 1982).

Sort: Relevance Newest Treatment

State Ex Rel. Russell v. Jones, 647 P.2d 904 (Or. 1982). · cites it 6× “Other than ORS 137.100, discussed below, we find no legal authority for a judge or probation officer to compel an unwilling defendant to make statements in the course of the sentencing process, whether in or out of court.”

State v. Sanchez, 981 P.2d 361 (Or. Ct. App. 1999). · cites it 2× “ORS 137.100. Additionally, the right of a defendant to allocution at a sentencing hearing exists under Article I, section 11, of the Oregon Constitution.”

DeBolt v. Cupp, 528 P.2d 601 (Or. Ct. App. 1974). · cites it 2× “ORS 137.100. All of the above statutes were in effect when petitioner was sentenced in 1961.”

In Re Complaint as to the Conduct of Collins, 775 P.2d 312 (Or. 1989). “If a defendant addresses the court, he may be cross-examined by the state, ORS 137.100, and his testimony is a matter of public record.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.