1. Themes: “Oregon’s Criminal Justice System” Government Lehr 1/2016

2. Theme #1: Reformation, or Vindictive Justice? Reformation – To “re-form” or reshape the criminal into a non- criminal – Includes Counseling (family, drug and alcohol, personal) – Includes Education and training (GED, some college, job training, life skill training) – Includes some punishment (time served) – Severe crimes will be punished harshly - less focused on “reform”

3. Theme #1: Reformation, or Vindictive Justice? Vindictive Justice – Punishment must be consistent, firm, and a deterrent to future crime – Criminal “needs to be taught a lesson” – Victim’s rights: should prison term respect their wishes, worries or concerns? – Measure 11 (mandatory minimum sentences) is in line with the concept of vindictive justice.

4. Theme #1: Reformation, or Vindictive Justice? Issues / Questions – What should be the goal of the Oregon Correctional system? To punish criminals fully, or to try and create non-criminals? – Which system is more costly? – Which system is more in line with the principles of Oregon democracy? – Which system is most fair?

5. Measure 11 Crimes In Oregon Measure 11 was a citizen’s initiative passed in 1994. It established mandatory miminium sentencing for several crimes. The sentencing judge cannot give a lesser sentence that that prescribed by Measure 11, nor can a prisoner’s sentence be reduced for good behavior. Prisoners also cannot be paroled prior to serving their minimum sentence.

6. Measure 11 Crimes in Oregon Measure 11 was conceived by by a tough on crime political group that felt violent cannot be reformed through probation or short prison sentences, and that the time they are kept incarcerated is itself a benefit to society. They also felt that judges had been to lenient in sentencing violent offenders. So for Measure 11 crimes the judge and jury has no power to determine the punishment.

7. CrimeMinimum sentence Murder25 years 1st degree Manslaughter10 years 2nd degree Manslaughter6 years, 3 months 1st degree Assault7 years, 6 months 2nd degree Assault5 years, 10 months 1st degree Kidnapping7 years, 6 months 2nd degree Kidnapping5 years, 10 months 1st degree Rape8 years, 4 months 2nd degree Rape6 years, 3 months 1st degree Sodomy[4]8 years, 4 months 2nd degree Sodomy[4]6 years, 3 months 1st deg. Unlawful sexual penetration8 years, 4 months 2nd deg. Unlawful sexual penetration6 years, 3 months 1st degree Sexual abuse6 years, 3 months 1st degree Robbery7 years, 6 months 2nd degree Robbery5 years, 10 months Minimum sentencing mandated by Measure 11

8. State v. Thorp (2000) Facts: On 10/20-21/1996, the defendant’s girlfriend came to the home of defendant, woke him up, and had sex with him. At the time the defendant was 16 and his girlfriend was 13. Under ORS 167.365, “A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.” The defendant was convicted of two counts of rape in the second degree. A defendant has a complete defense if the victim’s lack of consent was due to incapacity to consent because of age and the defendant was less than three years older.

9. State v. Thorp (2000) Defendant was born on July 15, 1980 and his girlfriend was born July 25, 1983, making the defendant three years and 10 days older and this exception inapplicable. Neither the girlfriend nor her mother, who originally reported the incident, believes that a rape occurred. Only the constitutionality of the sentence and not the convictions are at issue here. Issue: Does the minimum sentence of 75 months for second degree rape mandated by Measure 11 violate the “cruel and unusual punishment” clause of the Oregon Constitution?

10. Theme #2: Is there Racial Discrimination in the Oregon Justice System? Racial Percentages, 2013ORUSA White 88.1%77.7% Black or African American2.0%13.2% American Indian and Alaska Native1.8%1.2% Asian4.1%5.3% Hawaiian/ Pacific Islander0.4%0.2% Two or More Races3.5%2.4% Hispanic or Latino12.3%17.1%

11. Theme #2: Is there Racial Discrimination in the Oregon Justice System? One can assume that in a color-blind justice system where races are equally behaving as citizens will, then the percentages of races in Oregon society should be about the same as percentages of races in prison. However in 1996… – Blacks are overrepresented by six times in state prisons – Hispanics are overrepresented by 2.5 times – Native Americans have a slight overrepresentation – Whites and Asians are the only groups underrepresented in Oregon state prisons. – In fact, most minority groups are overrepresented at every stage of the criminal justice system.

12. Theme #2: Is there Racial Discrimination in the Oregon Justice System? #2-8: Per 1,000 juveniles in Oregon #9, 10: Per 100 findings of delinquency

13. Theme #2: Is there Racial Discrimination in the Oregon Justice System (juvenile rates)?

14. Theme #2: Is there Racial Discrimination in the Oregon Justice System? Possible conclusions to consider: Possibility #1.Most minority groups do commit crimes at a higher rate (this assumes the average black Oregonian is six times more likely to commit a crime than whites or Asians) Possibility #2.Minorities are being discriminated against in the justice system in one or more of the following areas: The laws as written Police Judges Juries Other…?