Application of Criminal Code
Source:
Section 161.035 — Application of Criminal Code, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Absent express direction or contextual requirement to the contrary, defendants bear burden of proof with respect to all affirmative defenses, including those created after 1971. State v. Haley, 64 Or App 209, 667 P2d 560 (1983)
It is clear legislature intends that Oregon courts sentence criminal defendants under statutory scheme in force when particular criminal act was committed. State v. Isom, 313 Or 391, 837 P2d 491 (1992). But see State v. McDonnell, 329 Or 375, 987 P2d 486 (1999)
Subject to constitutional restrictions, legislature may specify applicability of post-offense amendment to statutory sentence. State v. McDonnell, 329 Or 375, 987 P2d 486 (1999)
Laws governing parole and post-prison supervision are part of criminal sentencing scheme under which offender is sentenced and remain in force with regard to offender unless legislature indicates contrary intent. Day v. Board of Parole and Post-Prison Supervision, 184 Or App 409, 56 P3d 495 (2002)
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