Oregon law allows for consideration of circumstances in aggravation or mitigation of punishment at sentencing. ORS 137.080 states:
(1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, in a case where discretion is conferred upon the court as to the extent of the punishment to be inflicted, the court, upon the suggestion of either party that there are circumstances which may be properly considered in aggravation or mitigation of the punishment, may, in its discretion, hear the same summarily at a specified time and upon such notice to the adverse party as it may direct.
(2) Notwithstanding any other provision of law, the consideration of aggravating and mitigating circumstances as to felonies committed on or after November 1, 1989, including the maximum sentence that may be imposed because of aggravating circumstances, shall be in accordance with rules of the Oregon Criminal Justice Commission.
ORS 137.090 goes on to state:
(1) In determining aggravation or mitigation, the court shall consider:
(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 evidence regarding the defendant’s status as a servicemember as defined in ORS 135.881.
(3) When a witness is so sick or infirm as to be unable to attend, 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.
Oregon Sentencing Guidelines Departure Factors
In Oregon, felony sentences are subject to the Oregon Sentencing Guidelines. In felony sentencing proceedings, the sentencing judge shall impose the presumptive sentence provided by the Oregon Sentencing Guidelines grid unless the judge finds substantial and compelling reasons to impose a departure. If the sentencing judge departs from the presumptive sentence, the judge shall state on the record at the time of sentencing the substantial and compelling reasons for the departure.
Mitigating Departure Factors
(A) The victim was an aggressor or participant in the criminal conduct associated with the crime of conviction.
(B) The defendant acted under duress or compulsion (not sufficient as a complete defense).
(C) The defendant’s mental capacity was diminished (excluding diminished capacity due to voluntary drug or alcohol abuse).
(D) The offense was principally accomplished by another and the defendant exhibited extreme caution or concern for the victim.
(E) The offender played a minor or passive role in the crime.
(F) The offender cooperated with the state with respect to the current crime of conviction or any other criminal conduct by the offender or other person. The offender’s refusal to cooperate with the state shall not be considered an aggravating factor.
(G) The degree of harm or loss attributed to the current crime of conviction was significantly less than typical for such an offense.
(H) The offender’s criminal history indicates that the offender lived conviction-free within the community for a significant period of time preceding his or her current crime of conviction.
(I) The offender is amenable to treatment and an appropriate treatment program is available to which the offender can be admitted within a reasonable period of time; the treatment program is likely to be more effective than the presumptive prison term in reducing the risk of offender recidivism; and the probation sentence will serve community safety interests by promoting offender reformation.
(J) The offender’s status as a servicemember as defined in ORS 135.881.
Aggravating Departure Factors
(A) Deliberate cruelty to victim.
(B) The offender knew or had reason to know of the victim’s particular vulnerability, such as the extreme youth, age, disability or ill health of victim, which increased the harm or threat of harm caused by the criminal conduct.
(C) Threat of or actual violence toward a witness or victim.
(D) Persistent involvement in similar offenses or repetitive assaults. This factor may be cited when consecutive sentences are imposed only if the persistent involvement in similar offenses or repetitive assaults is unrelated to the current offense.
(E) Use of a weapon in the commission of the offense.
(F) The offense involved a violation of public trust or professional responsibility.
(G) The offense involved multiple victims or incidents. This factor may not be cited when it is captured in a consecutive sentence.
(H) The crime was part of an organized criminal operation.
(I) The offense resulted in a permanent injury to the victim.
(J) The degree of harm or loss attributed to the current crime of conviction was significantly greater than typical for such an offense.
(K) The offense was motivated entirely or in part by the race, color, religion, ethnicity, national origin or sexual orientation of the victim.
(L) Disproportionate impact (for Theft I under ORS 164.055, and Aggravated Theft I under ORS 164.057).