Oregon daily emerald., January 19, 1972, Page 3, Image 3

Weaknesses found
in criminal code
Editor's note: This is the second in a three-part
series reviewing the Oregon Criminal Code.
By NAN HENDERSON
Of the Emerald
Despite the liberal changes in Oregon’s new
criminal code and its over-all contemporary
quality, attorneys are finding the code has
weaknesses and district attorneys and judges are
anticipating some problems.
Two of the more obvious weaknesses in the new
code were pointed out by Pat Horton, a local at
torney and recently announced candidate for Lane
County district attorney.
Both weaknesses relate to the use of narcotics or
dangerous drugs, Horton reported in an interview.
“There is some faulty reasoning in the section
that makes possession of less than one ounce of
marijuana a misdemeanor,” Horton said. “Hash is
also marijuana, but because of its quality one ounce
of hash is much greater than one ounce of
marijuana.
“If kids are smart they will see they can possibly
get off lightly dealing in hash. A kid caught with one
ounce of hash would still only be charged with a
misdemeanor,” he added.
Robert Naslund, Lane County district attorney,
when asked about this problem in the new code,
said, “It is my understanding that hash and
marijuana are the same. But when you change a
whole body of law, you can’t think of everything.”
Helen Frye, a Lane County circuit court judge,
stated during an interview about the new code,
“ This law is talking in terms of the quantity rather
than the quality.
“If the marijuana happens to be of the highest
quality, I’ll still go on the basis of an ounce is an
ounce.”
Horton also pointed out perhaps a more serious
problem in the new code—the way people addicted
to narcotics or dangerous drugs are delt with under
the law compared to those addicted to alcohol.
“You still have the crime of illegal use of drugs but
under another section of the new code a person who
is addicted to alcohol, but is not creating a distur
bance, is not violating any law,” Horton said.
“Alcoholism is being considered as an illness,
whereas drug addiction is being treated as a
crime,” he added. “There is a very obvious
distinction.”
Horton cited a bill passed by the last legislature,
which will go into effect July 1, authorizing the use
of detoxification centers and other means of dealing
with alcoholism as a sickness.
“Maybe the legislators are also paving the way
for legally regarding drug addiction as a sickness.”
he said.
Naslund stated he is “basically optimistic about
the new code,” but added that his office was an
ticipating numerous legal objections, called
demurs, to wording in indictments under the new
code.
"We haven’t seen any yet because it takes two
weeks for a legal demur to be filed after an in
dictment is issued,” Naslund explained.
Under the old code, legally proven standard in
dictment forms were often used. Now demurs
could be filed for each new wording.
The laws have been changed just enough that the
old case laws and forms often will no longer apply,
Nasulund reported. He also felt that some sections
of the new code may be ruled unconstitutional.
Naslund criticized the commission that drafted
the code for not letting the people of Oregon “Have a
voice in the new code. Now we have to go back
ward,” he said.
He also felt that legislators had the opportunity to
insert their personal opinion in the code because
they didn’t ask for citizens’ opinions.
Naslund called the code “very progressive” and
said it was “a relief to have sex laws such as adultry
off our back.” He said his office hadn't prosecuted
tor adultry “in a long time.”
Naslund felt, however, that certain groups such
as "gay libbers or women’s libbers” shouldn't get
every change they demand right away.
‘‘Things shouldn't change too fast and change
shouldn’t be emotional.” Naslund said. He felt that
all “libbers" were following in the steps of the
“Negro revolution” and "after all. gay libbers and
women’s libbers weren’t ever slaves working like
animals.”
Naslund stated that the laws regarding
marijuana were changed because a majority of
people, including adults, wanted the change.
He admitted that Eugene and other metropolitan
area judges have usually been treating possession
of marijuana lightly for a long time.
“This flexibility of attitude regarding drugs
really proceeded the legislature,” Naslund said. He
also noted that “Lint agents are solely going after
the large dealers. But if an officer runs across
someone smoking a marijuana cigarette, he has to
arrest him.”
Naslund said that “it is true it is still a crime to
use drugs, unlike alcohol, but as a practical matter I
don’t think that many people are tried for just using
drugs.” He added. “I don’t see any rhyme nor
reason for using hard drugs.
“The problem of the alcoholic has been around
since the year one,” Naslund stated. "The problem
of narcotics has just come up.”
He felt that citizens should be made more aware
of the new code. “A tremendous education problem
now exists,” he said.
Ms. Frye, calling herself a “pragmatic judge,” is
very pleased with the increased flexibility of the
new code.
Under the old code Ms. Frye always treated
possession of marijuana “fairly lightly,” usually
putting defendants on probation. But she prefers
“being able to completely discharge a person under
certain circumstances and being able to treat drug
felonies as misdemeanors.
“In some cases I think people that go through the
traumatic experience of appearing in court, in
cluding hiring an attorney at their own expense,
have made their retribution to society,” she said.
Ms. Frye cited an example of a young man, who
had appeared before her, that was retained for
possession of marijuana. He had been traveling
through the state when he stopped at the
Renaissance Fair and acquired some marijuana
there, Ms. Frye reported.
“He was from Missouri, and he made every court
appointment during his case,” she said. “This in
cluded traveling back and forth from Missouri. The
court also held his car while his case was pending.
“In my opinion, this nan should have been
discharged,” Ms. Frye said. “But this case was
before the new code went into effect.
“There are many young people that are growing
up in a culture inclined to be drug oriented,” Ms.
Frye said. She felt that young people often use
marijuana without realizing the consequences.
“The new law protects the first time offender,”
she added.
Ms. Frye also likes the new code “because it will
create a greater respect for the law. It has
eliminated the crimes that weren’t enforced or
seldom enforced such as some of the sex crimes.
“Any laws that haven’t had major revisions for
100 years need attention and probably change,” she
said.
Ms. Frye predicted that courts of appeal in
Oregon will have a heavy load for several years,
since the ambiguities in the new code will have to be
clarified.
She said that trial judges will have a more dif
ficult job since “we don’t have Oregon case laws to
go back to.”
And, like others that are working with the new
law, Ms. Frye is concerned about learning, and
knowing, the new code.
“Circuit court judges had a small amount of in
struction in the new code at the November judicial
conference. A judge can learn the code, but I won’t
really know it until I work with it,” Ms. Frye said.
"You really know the law after you have it in a
case.”
OSPIRG refunds
now available
Students who don’t want to
contribute to OSPIRG
(Oregon Student Public In
terest Research Group) this
term may pick up their one
dollar refunds anytime this
ween, 8:39 a m.-5 30 p.m at
the EMU Mam Desk To pick
up the refund check a student
will need to show his pink
student body card.
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Ethnic Studies
fights for program
“Obviously you are not of one mind,” said University President
Robert Clark. With that declaration, the Ethnic Studies Program was
taken out of the hands of the Ethnic Studies Committee and turned
over to the Dean of the College of Liberal Arts, Burton Moyer, for final
formulation.
It happened at a budget committee meeting last term and at that
time the Ethnic Studies Committee was made, de facto, an advisory
committee to Dean Moyer.
Well, it is now winter term and the Ethnic Studies Committee will,
in early February, meet with Dean Moyer to discuss a definite
program and they intend to be "of one mind" this time.
Members of the Ethnic Studies Committee met yesterday and
voiced solidarity, for the time being at least, behind the program that
was drawn up for funding in 1970. To that end a number of people, both
students and faculty, have been put on a list of possible candidates for
the position of director of an Ethnic Studies Program—a list which will
be submitted along with the program proposal when the committee
meets with Dean Moyer.
Those on the list are : Martin Acker, professor of CSPA , Alfonso
Cabrera, associate coordinator of SESAMEX, Agnes Goes-ln-Center,
graduate student in education, Manuel Rivera-Ortega, graduate
student in curriculum and supervision, Donald DeNorval Tate, ASUO
administrative assistant, Barre Toelken, associate professor of
English and Marjorie Wright, assistant professor of CSPA
Until the meeting, committee members intend to formulate the
critera to be used to evaluate candidates for the position of director for
an Ethnic Studies Program. They will also use that time to define the
committee membership so that only duly appointed members will
meet with Dean Moyer.
The committee needs to be fully prepared for the meeting and with
good reason.
According to James Klonoski, committee chairman, Dean Moyer
is already considering an alternative proposal to an Ethnic Studies
Program. This alternative calls for using monies set aside for a
program to fund a part time teaching position, in the department of
history of the College of Liberal Arts, in the area of Black history.
Ron Rousseve, a faculty member of the committee, said that
such a proposal should at least be considered along with similar
proposals for funding part time teaching positions in other depart
ments and in other ethnic areas. Rousseve also said that, as far as he
was concerned, if such a proposal were finally initiated instead of an
Ethnic Studies Program that the functions of the Ethnic Studies
Committee would be at an end.
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