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News
Street Roots • June 17-23, 2016
District attorney adopts new Measure 11, juvenile policy
Changes reflect efforts to correct racial disparities in Multnomah County justice system
BY EMILY GREEN
much more protected, relative to the law. As
people go on in life, and assuming that
things work out positive for them, they don’t
The Multnomah County District Attorney
have an adult conviction on their record.”
announced a new policy Wednesday that
He said having a probation officer who is
may save some juveniles from the
trained
specifically to work with juveniles
consequences of an adult conviction.
might be more appropriate in some cases as
Juveniles charged with certain Ballot
well. “People are just flat out different when
Measure 11 crimes will no longer
they are 17 years old versus 27,” he said.
automatically be kept within the adult court
While in most states the decision to move
system when they plead down to a lesser,
a
juvenile
into adult court requires a
non-Measure 11 offense.
hearing, Oregon is
“We’re learning a lot
one
of 15 states
as a society about brain
where a prosecuting
formation, lots of
attorney alone can
different things relative
"People are just flat out dif make
the decision to
to maturity levels in
ferent when they are 17 years try a youth as an
individuals in certain age
old versus 27."
adult
groups, so this is an
* RO» UMHRWU
This policy change
attempt to recognize
comes four months
that,” District Attorney
after a case in which
Rod Underhill said.
Measure 11 charges
In Oregon, 15-, 16-
were filed against four students at Grant
and 17-year-olds charged with any one of 21
High School, eliciting outrage from some
crimes that carry mandatory minimum
parents, students and teachers.
sentences under voter-approved statewide
As Street Roots reported in April, the
Ballot Measure 11 are automatically indicted
Multnomah County District Attorney’s
into adult court. That part will not change.
Office decision to try the four youths as
Until now, however, when those youths
adults, facing mandatory minimum
pleaded down to lesser, non-Measure 11
sentences of at least 5 years and 10 months,
crimes in Multnomah County, they
prompted dozens of letters from parents
automatically remained in the adult system.
and teachers, begging that the prosecutor
That means the conviction is an adult
try the boys as juveniles.
conviction that stays on their record and
Underhill said there was no one incident
they have a judge and probation officer who
or matter that prompted this policy change,
work primarily with adults.
but said it is aimed, in part, at impacting
With this policy change, youths charged
racial
disparities found in Multnomah
with Robbery II, Assault II and Kidnapping
County’s criminal justice system.
II, can have their case resolved in juvenile
The Oregon Justice Resource Center has
court if they plead down to a lesser, non
analyzed the effect Measure 11 has had on
Measure 11 crime, and the prosecutor
Oregon’s youths, finding that the majority of
deems it appropriate based on a list of
the time, it’s youths of color who are tried
aggregating and mitigating factors.
as adults and face mandatory minimum
“The important aspect of this,” Underhill
sentences.
told Street Roots, “is that you are going to
The institute’s director, Bobbin Singh,
be supervised in juvenile court as opposed
released a statement commending
to being supervised in adult court. You’re
Underhill’s new policy, however noted that
going to have a juvenile conviction, which is
STAFF WRITER
he thought the district attorney should go
further.
“The default position should be that
minors are kept in juvenile court and not
automatically waived through to adult
court,” he stated. “Only in rare cases should
juveniles be tried as adults. Moreover, the
burden should be on the state to
demonstrate that a young person should be
tried as an adult, not on teenagers to show
that they should not”
PHOTO BY JOE GLODE
Multnomah County District Attorney Rod
Underhill.
Read more
Read about how Measure 11 practices
affect young men in ‘Youths branded
by Measure 11” at news.streetroots.org.