May 8th, 2012

THE LAST COMMISSION

In July 2011, the Governor entered Executive Order No. 11-06 creating a Governor's Commission on Public Safety.  The Commission was composed of seven members and issued a report in December 2011.  This Commission had no victim representation and no "boots on the ground" law enforcement representation.  It was composed of elected officials, a former elected official, and a public member.  To be fair, some of these elected officials had significant law enforcement experience.  The Governor's Order presumed that sentencing reform to keep offenders from going to prison was necessary.  The Order stated, "Oregon faces the untenable choice of having to fund its prisons or educate our children" as if Oregon cannot do both. The ending report of the Commission, not surprisingly, recommended sentencing reform, guiding principles, and a continuation of the Commission. >>>Read More

Below is a blog post, written by Marie Bowers, that we think you should read.  If you would like to follow Marie's blog, it can be found at http://oregongreen.wordpress.com.  If you would like to download a single-signature petition to end the Oregon death tax, go to http://endoregondeathtax.com.

Imagine this, you work your whole entire life to leave your children a better life than you began with. You hope on leaving a legacy for multiple generations to come, for them to build upon and bring economic viability to the surrounding community. However, when you die in order for your estate to be inherited by your heirs they must first pay a tax.  A death tax.

As ridiculous as the above scenario sounds it is incredibly realistic. Every time the last member of a given generation passes away the heirs are forced to pay a TAX on the entire estate. In a sense this is a double tax because in the case of real property, like farmland, property taxes have been paid year after year on the land. If you have been making a living off the land then you’ve been subject to pay income taxes on it as well. This misguided tax affects property owners, small business owners, family farmers and anyone who has had a job or one day will hold a job. >>>Read More

The shooting of Trayvon Martin by George Zimmerman has spurred national outrage over Florida's Stand Your Ground law. Unfortunately, the discussion of this law has been marred by misinformation. Jeffrey Toobin, CNN senior legal analyst, erroneously claimed that the law "allows a disproportionate response; if someone comes at you with a fist, you can reply with a gun."

Many have asserted that in Florida anyone who believes he is in danger can use deadly force, no matter how unreasonable his belief. These perceptions of the law are wrong. As compared with other states, Florida's Stand Your Ground law is neither extreme nor an outlier.

In Florida, as in most states, a person claiming self-defense must show that he (1) reasonably believed that such force was (2) necessary to protect himself against (3) the imminent and (4) unlawful use of force by another. The person claiming self-defense usually cannot be the initial aggressor. And to use deadly force in Florida, as Mr. Zimmerman did, a person must also reasonably believe that the aggressor threatened him with death, great bodily injury, or intended to commit a forcible felony (e.g., rape, robbery or kidnapping).  >>>Read More

April 24, 2012

The Governor released a 20-page document which outlines a public safety policy vision. The document provides context and guidance for the 2013-2015 budget development process.  The resulting 2-year budget will define initial 10-year Plan implementation actions. 

INITIAL THOUGHTS

1. The Safety Outcome that "Oregonians will be safe where they live, work, and play" is a target worth shooting for and will undoubtedly be tempered by budget realities.
2. The traditional definition of public safety which includes such items as police, fire, prosecution, criminal defense, courts, prisons, jails and probation supervision is vastly expanded.  Now, the definition of public safety is expanded to include such items as protecting citizens from financial abuse, fraud, deception in the marketplace, and assuring the rights of people where they work.  Finance systems, infrastructure (such as buildings), and consumer protection is included.  Currently, the public safety/judicial budget of the State of Oregon gets 17. 2 % of the general and lottery dollars, with education getting 50%, and human services getting 26.2%.  So...how will the budget pie be cut up in the future, if the legislature agrees to follow the Governor's budgetary lead with an expanded public safety definition? >>>Read More

On March 20, 2012, the Supreme Court of the United States heard arguments on the constitutionality of life sentences without the possibility of parole for juveniles who commit murder.  In 2005, the Court ruled that the death penalty for juveniles was unconstitutional as "cruel and unusual punishment" under the Eighth Amendment.  Now, will the Court take another step in reducing the sentences available for juveniles who commit murder?  Will life without parole be a sentence of the past for juveniles who commit murder?

Charles Stimson and Elizabeth Garvey wrote a paper on this very issue.  With permission, it is set forth below, and it is well worth reading.

Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers

On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this:  Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent teenagers, or will it defer to the carefully considered judgment of the vast majority of the states (39) and federal government that have decided to authorize the sentence in appropriate cases?

The Two Cases

In the first case (Miller v. Alabama), Evan Miller was 14 years old when he robbed and repeatedly beat an intoxicated neighbor with a baseball bat, then set the man’s trailer on fire and left him to die.  The juvenile court, under state law, transferred Miller to adult court based on the nature of the crime, his previous delinquency history, and the fact that he was deemed competent to stand trial.  Miller was found guilty of capital murder.  Since he was 14 at the time of the crime, Miller was not eligible for capital punishment but rather Alabama’s mandatory minimum sentence of LWOP.

In the second case (Jackson v. Hobbs), Kuntrell Jackson was also 14 when he and two other teenagers attempted to rob a video store.  Jackson knew one of his accomplices had a sawed-off shotgun and threatened the female store clerk before one of the other teenagers shot her in the face and killed her.  Jackson was tried in adult court, where he was found guilty of capital murder and aggravated robbery and sentenced to LWOP under Arkansas state law. >>>Read More

The Oregon Anti-Crime Alliance encourages community programs to help at-risk youth.  [Click here for a practical guide]

March 13, 2012

THE BIG PICTURE

At the urging of Governor Kitzhaber, the 2012 legislature spent much of its time setting in motion the "transformation" of health care and education in Oregon.  No time was spent on transforming public safety. However, for about one week, there was talk of closing the 440-bed Santiam Correctional Facility and putting over 400 inmates into "temporary" beds in other prisons.  Fortunately, this closure and crowding of inmates did not happen. 

Just a note:  Health care and education have not met their Oregon benchmarks in past years and cost far more than the entire public safety system. Thus, there is a strong argument for a well-planned transformation in these two areas.  On the other hand, the public safety system has met its Oregon benchmarks for many years and costs less than health care or education.  FBI statistics show that crime, in general, is down in Oregon; and violent crime is down about 52%.   Furthermore, we have a moderate incarceration rate when compared to other states.

This is not to say that the cost of public safety should not be reviewed.  Whoever reviews the cost, and certainly the legislature, should remember that public safety in Oregon has been and is successful.

Finally, there is talk of a public safety task force of some kind to review the costs and policies of the public safety system. As of this writing, no details have been made public. >>>Read More

March 6, 2012

The good news is that Oregon's legislature unanimously passed House Bill 4017A. The bill requires Oregon's most dangerous drunken drivers, those that have had their drivers licenses taken away for a lifetime and then gotten it back after 10 years through a court process, to install and use an approved ignition interlock device in any vehicle they operate for 5 years.  The bill is headed to the Governor for his review and hopefully his signing. >>>Read More

Jan Withers, the national president for Mothers Against Drunk Driving, has endorsed Oregon House Bill 4017a.  House Bill 4017a calls for a 5-year ignition interlock device requirement for our most dangerous DUII offenders, those who recklessly drive drunk on Oregon roadways.  These offenders have been convicted of Felony DUII (4 or more DUIIs in 10 years) or third-time Misdemeanor DUII lifetime offenders.  Also included are the Felony Assault in the first degree DUII offenders and all DUII Homicide offenders (Murder, Manslaughter, Criminally Negligent Homicide) and Aggravated Vehicular Homicide.  Set out below is National President Withers' letter.

February 27, 2012