Oregon Statutes 137.090 – Considerations in determining aggravation or mitigation
(1) In determining aggravation or mitigation, the court shall consider:
Terms Used In Oregon Statutes 137.090
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
(a) Any evidence received during the proceeding;
(b) The presentence report, where one is available; and
(c) Any other evidence relevant to aggravation or mitigation that the court finds trustworthy and reliable.
(2) In determining mitigation, the court may consider:
(a) Evidence regarding the defendant‘s status as a servicemember as defined in ORS § 135.881.
(b) Whether the defendant committed the crime while under duress, compulsion, direction or pressure from another person who has:
(A) Committed acts of domestic violence, as defined in ORS § 135.230, against the defendant;
(B) Committed acts of abuse as a family or household member of the defendant, as those terms are defined in ORS § 107.705, against the defendant; or
(C) Used force, intimidation, fraud or coercion to cause the defendant to engage, or attempt to engage, in a commercial sex act.
(3) In determining aggravation, the court shall consider whether the person was wearing body armor in the course of and in furtherance of the crime, or to facilitate the immediate flight therefrom.
(4) When a witness is so sick or infirm as to be unable to attend a sentencing proceeding, the deposition of the witness may be taken out of court at such time and place, and upon such notice to the adverse party, and before such person authorized to take depositions, as the court directs. [Amended by 1965 c.400 § 1; 1973 c.836 § 259; 1989 c.790 § 10; 2013 c.331 § 1; 2017 c.123 § 1; 2023 c.288 § 1]