Blog:Main/Non-Unanimous Jury Trials in Oregon - Revision history

Et may at 17:07, September 29, 2014

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Et may at 20:08, September 25, 2014

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Et may at 20:07, September 25, 2014

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Et may at 20:01, September 25, 2014

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Et may at 19:59, September 25, 2014

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← Older revision		Revision as of 17:07, September 29, 2014
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	OCDLA Member '''Clayton Tullos''' practices law in Eugene. This article originally appeared in the August/September/October 2014 issue of ''[http://www.ocdla.org/news-defenseattorney-archive.shtml The Oregon Defense Attorney]'' journal.		OCDLA Member '''Clayton Tullos''' practices law in Eugene. This article originally appeared in the August/September/October 2014 issue of ''[http://www.ocdla.org/news-defenseattorney-archive.shtml The Oregon Defense Attorney]'' journal.
−	{{wl-publish: 2014-09-29 10:06:29 -0700 \| ~~Et may~~ }}	+	{{wl-publish: 2014-09-29 10:06:29 -0700 \| ctullos: Clayton Tullos }}

← Older revision		Revision as of 17:06, September 29, 2014
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	OCDLA Member '''Clayton Tullos''' practices law in Eugene. This article originally appeared in the August/September/October 2014 issue of ''[http://www.ocdla.org/news-defenseattorney-archive.shtml The Oregon Defense Attorney]'' journal.		OCDLA Member '''Clayton Tullos''' practices law in Eugene. This article originally appeared in the August/September/October 2014 issue of ''[http://www.ocdla.org/news-defenseattorney-archive.shtml The Oregon Defense Attorney]'' journal.
		+	{{wl-publish: 2014-09-29 10:06:29 -0700 \| Et may }}

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 :	If, after the elapse of five months, the people of Oregon are still as indignant over the miscarriage of criminal justice as they are today it is probable that this state will adopt the plan of permitting ten members of a criminal jury to return a verdict, in all except for capital cases.
 :	The late legislature, though full of lawyers…and consequently a bit slow to act on court reform, nevertheless was sufficiently influenced by the wave of public indignation to refer to the people, for decision at the special election in May, a measure authorizing the jury change.… [T]he Silverman case in Oregon…came at exactly the right time to bring unprecedented pressure to bear upon the legislature. Now it becomes a matter for the voters to decide for themselves.
 :	Without question, the change would greatly expedite justice and save the state much money now spent on retrials. Likewise, the argument that unanimous decision is necessary for the protection of the defendant is just so much talk.
 :	The voters, we believe, are at the moment convinced. It is to be hoped they will bear the matter in mind until next May.<ref>Editorial, “Jury Reform Up To Voters,” Morning Oregonian, Dec. 11, 1933, at 6.</ref>

@@ Line 69: / Line 69: @@
 :Jake Silverman of Portland, held responsible for the killing of James Walker in Dutch Canyon last April, has been found guilty only of manslaughter. Such incidents always result in the accumulation of a new batch of letters on the editorial desk, complaining about the miscarriage of criminal justice under the jury system.
+:
 :Objections have been especially pointed in the Silverman case, since it has been alleged and apparently with authority, that a few hours after the case went to the jury, the vote stood eleven for conviction on second degree charges and one opposed. The one opposition vote is said to have remained unchanged during the remaining eighteen hours that the jury was out, finally forcing the compromise verdict of manslaughter.
+:
 :Obviously, Silverman was not guilty of manslaughter. Either he murdered Walker or he was not involved. But the eleven who stood for second degree either had to give way, or the state had to pay the expenses of a second trial following disagreement.
+:
 :This newspaper’s opinion is that the increased urbanization of American life, the natural boredom of human beings with rights once won at great cost, and ''the vast immigration into American from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory....''
+:
 :Ultimately, conviction will have to be made possible with less than a unanimous vote of the twelve jurors. But that change will not be made until miscarriages of justice have become so flagrant that the people cannot deny them. The public is so attached to the present safe-guards thrown around defendants that it will not make the change willingly, and, as far is Oregon is concerned, the reorganization will require an amendment to the state constitution.<ref>Editorial, “One Juror Against Eleven.”</ref> (Emphasis mine.)

← Older revision		Revision as of 20:06, September 25, 2014
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	Reaction to the verdict was not aimed at the absurdly light sentence the judge imposed, or how a mistrial was an ignored option, but instead concentrated on the lone “unreasonable” juror who wanted to acquit. Six days after Silverman’s sentencing ''The Morning Oregonian'' published an editorial writhing in disappointment and anger at the one juror, with a tinge of racism:		Reaction to the verdict was not aimed at the absurdly light sentence the judge imposed, or how a mistrial was an ignored option, but instead concentrated on the lone “unreasonable” juror who wanted to acquit. Six days after Silverman’s sentencing ''The Morning Oregonian'' published an editorial writhing in disappointment and anger at the one juror, with a tinge of racism:

−	Jake Silverman of Portland, held responsible for the killing of James Walker in Dutch Canyon last April, has been found guilty only of manslaughter. Such incidents always result in the accumulation of a new batch of letters on the editorial desk, complaining about the miscarriage of criminal justice under the jury system.	+	:Jake Silverman of Portland, held responsible for the killing of James Walker in Dutch Canyon last April, has been found guilty only of manslaughter. Such incidents always result in the accumulation of a new batch of letters on the editorial desk, complaining about the miscarriage of criminal justice under the jury system.
−		+	:
−	Objections have been especially pointed in the Silverman case, since it has been alleged and apparently with authority, that a few hours after the case went to the jury, the vote stood eleven for conviction on second degree charges and one opposed. The one opposition vote is said to have remained unchanged during the remaining eighteen hours that the jury was out, finally forcing the compromise verdict of manslaughter.	+	:Objections have been especially pointed in the Silverman case, since it has been alleged and apparently with authority, that a few hours after the case went to the jury, the vote stood eleven for conviction on second degree charges and one opposed. The one opposition vote is said to have remained unchanged during the remaining eighteen hours that the jury was out, finally forcing the compromise verdict of manslaughter.
−		+	:
−	Obviously, Silverman was not guilty of manslaughter. Either he murdered Walker or he was not involved. But the eleven who stood for second degree either had to give way, or the state had to pay the expenses of a second trial following disagreement.	+	:Obviously, Silverman was not guilty of manslaughter. Either he murdered Walker or he was not involved. But the eleven who stood for second degree either had to give way, or the state had to pay the expenses of a second trial following disagreement.
−		+	:
−	This newspaper’s opinion is that the increased urbanization of American life, the natural boredom of human beings with rights once won at great cost, and ''the vast immigration into American from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory....''	+	:This newspaper’s opinion is that the increased urbanization of American life, the natural boredom of human beings with rights once won at great cost, and ''the vast immigration into American from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory....''
−		+	:
−	Ultimately, conviction will have to be made possible with less than a unanimous vote of the twelve jurors. But that change will not be made until miscarriages of justice have become so flagrant that the people cannot deny them. The public is so attached to the present safe-guards thrown around defendants that it will not make the change willingly, and, as far is Oregon is concerned, the reorganization will require an amendment to the state constitution.<ref>Editorial, “One Juror Against Eleven.”</ref> (Emphasis mine.)	+	:Ultimately, conviction will have to be made possible with less than a unanimous vote of the twelve jurors. But that change will not be made until miscarriages of justice have become so flagrant that the people cannot deny them. The public is so attached to the present safe-guards thrown around defendants that it will not make the change willingly, and, as far is Oregon is concerned, the reorganization will require an amendment to the state constitution.<ref>Editorial, “One Juror Against Eleven.”</ref> (Emphasis mine.)

	Less than a month after Silverman was sentenced and three weeks after the above editorial, the Oregon legislature recommended that a constitutional amendment authorizing trial by judge and non-unanimous jury verdicts, be put before the voters of Oregon for the May 1934 Special Election. ''The Morning Oregonian'' was fervently behind Ballot Measure 2; they stated when the ballot measure was announced:		Less than a month after Silverman was sentenced and three weeks after the above editorial, the Oregon legislature recommended that a constitutional amendment authorizing trial by judge and non-unanimous jury verdicts, be put before the voters of Oregon for the May 1934 Special Election. ''The Morning Oregonian'' was fervently behind Ballot Measure 2; they stated when the ballot measure was announced:

@@ Line 68: / Line 68: @@
 Reaction to the verdict was not aimed at the absurdly light sentence the judge imposed, or how a mistrial was an ignored option, but instead concentrated on the lone “unreasonable” juror who wanted to acquit. Six days after Silverman’s sentencing ''The Morning Oregonian'' published an editorial writhing in disappointment and anger at the one juror, with a tinge of racism:
-:Jake Silverman of Portland, held responsible for the killing of James Walker in Dutch Canyon last April, has been found guilty only of manslaughter. Such incidents always result in the accumulation of a new batch of letters on the editorial desk, complaining about the miscarriage of criminal justice under the jury system.
+Jake Silverman of Portland, held responsible for the killing of James Walker in Dutch Canyon last April, has been found guilty only of manslaughter. Such incidents always result in the accumulation of a new batch of letters on the editorial desk, complaining about the miscarriage of criminal justice under the jury system.
-−
-:Indented line
 Objections have been especially pointed in the Silverman case, since it has been alleged and apparently with authority, that a few hours after the case went to the jury, the vote stood eleven for conviction on second degree charges and one opposed. The one opposition vote is said to have remained unchanged during the remaining eighteen hours that the jury was out, finally forcing the compromise verdict of manslaughter.
 Obviously, Silverman was not guilty of manslaughter. Either he murdered Walker or he was not involved. But the eleven who stood for second degree either had to give way, or the state had to pay the expenses of a second trial following disagreement.
-:	This newspaper’s opinion is that the increased urbanization of American life, the natural boredom of human beings with rights once won at great cost, and ''the vast immigration into American from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory....''
-:	Ultimately, conviction will have to be made possible with less than a unanimous vote of the twelve jurors. But that change will not be made until miscarriages of justice have become so flagrant that the people cannot deny them. The public is so attached to the present safe-guards thrown around defendants that it will not make the change willingly, and, as far is Oregon is concerned, the reorganization will require an amendment to the state constitution.<ref>Editorial, “One Juror Against Eleven.”</ref> (Emphasis mine.)
+This newspaper’s opinion is that the increased urbanization of American life, the natural boredom of human beings with rights once won at great cost, and ''the vast immigration into American from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory....''
 Less than a month after Silverman was sentenced and three weeks after the above editorial, the Oregon legislature recommended that a constitutional amendment authorizing trial by judge and non-unanimous jury verdicts, be put before the voters of Oregon for the May 1934 Special Election. ''The Morning Oregonian'' was fervently behind Ballot Measure 2; they stated when the ballot measure was announced:

← Older revision		Revision as of 19:59, September 25, 2014
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	This author was unable to find an argument against Ballot Measure 2 from the period. Ballot Measure 2 was approved by the voters and has been a part of the Oregon Constitution for the past 80 years.		This author was unable to find an argument against Ballot Measure 2 from the period. Ballot Measure 2 was approved by the voters and has been a part of the Oregon Constitution for the past 80 years.
		+

	'''Endnotes'''		'''Endnotes'''