TJ nrtlaub Page A4 (Dhseruer August 6. 2008 Opinion articles do not necessarily represent the views o f the Portland Observer. We welcome reader essays, photos and story ideas. Submit to news@portlandobserver.com. Giving Measure 11 a Second Look Should juries know the likely sentence? BY C ltll* SlIlkl.D S S h o u ld ju r ie s know (he lik e ly sen­ tence when deciding guilt? Y o u m ay have missed this important c r im in a l- ju s tic e story. On M ay 9, the Oregon Su­ preme Court decided it w ill con­ sider whether, in the words o f James Pitkin at W illam ette Week, grazing a boy's head w ith your breasts should get you over six years in the slammer. The case is State v. Veronica Rodriguez. P itkin says, "T h e ju ry v o te d 10-2 to c o n v ic t Rodrigue/ for allegedly p ull­ ing the back o f the bo y’ s head against her chest.” She is facing a six year and three months sentence for Sex Abuse I under Measure I I, the 1994 voter-approved ballot measure penned by K evin Mannix. Judge Nancy Campbell, now retired, set aside the Measure 11 sentence and instead sentenced her to 1 6 months using the state's sentencing guidelines. She stated that applying Measure 11 in this case w ould violate the Oregon constitution's cruel and unusual punishment clause. The Court o f Appeals overruled her and rein­ stated the six year-three month mandatory m inim um sentence. What's interesting is that in A p ril 2000, the Oregon Court o f Appeals upheld Measure 11 in an equally controversial sentence given to Justin T horp— a 16 year old who was sentenced to six years and three months fo r hav­ ing consensual sex w ith his 13 year-old girlfriend. C lackam as C o u n ty C irc u it Judge Robert Morgan determined that such a sentence was cruel and unusual punishment in vio la ­ tion o f the Oregon C onstitution. Morgan based his decision in part on the fact that the g irl said she initiated the sex. T horp was three years and 10 days older than his victim . But had the d iffe r­ ence in their ages been three years or less, it w ould not have q u a li­ fied as second-degree rape. A t most, he w ould have faced a m is­ demeanor sex offense and been sentenced to probation, prosecu­ tors and defense attorneys agree. Morgan opted to sentence him to 35 months in prison, based on state sentencing guidelines. The Z THEY WÉBfc T o o ?>\■ elected to the Oregon Supreme tutional scholar on the issue. I haven't gotten his okay to use his name yet, but he wrote back: “ As a general proposition, I believe that all human beings should be as fu lly inform ed as possible about the consequences o f all o f their actions before they undertake those actions. Before you put your hand on that hot We all want as much information as possible about the consequences of our actions; why shouldn't we give a jury as much information as possible about the consequences of theirs? Court six months later. He is now stove, you should understand the Oregon Supreme C ourt C h ie f that you m ight get burned. Before J ustice and a man fo r w hom I have you ju m p into the Clackamas River at H igh Rocks, you should under­ immeasurable respect. Maybe Judge D eM uniz and stand that you m ight drow n in a his Supreme C ourt colleagues w h irlp o o l. Before you get on want to give Measure 11 a second T riM e t w ith o u t a tic k e t, you look in State v. Rodriguez. But the should be aware o f the penalty i f issues in this new case are much you get caught. A nd before a ju ry decides to do X o r Y o r Z, its narrower. U n lik e in State v. T h o rp , members should understand the Rodriguez. and her attorney Peter results that could flo w from that Garlan are conceding that Mea­ decision.” We all want as much inform a­ sure 11 is constitutional, but are c la im in g that its a p p lic a tio n tion as possible about the conse­ against Rodriguez violates the quences o f o u r actions; w h y proportionality clause o f the O r­ shouldn't we give a ju ry as much egon constitu tio n in this case inform ation as possible about the consequences o f theirs? only. So what do you think? Should I trust juries, so in 2005, Sens. Margaret Carter, A vel G ordly and Veronica Rodriguez" and Justin 1 introduced House B ill 2986 Thorp's ju rie s have known they w hich gives ju ro rs inform ation w ould be sentenced to six years on the lik e ly sentence the courts and three months each? O r is w ill impose upon a finding o f guilt. justice best served by keeping It died fo r lack o f a hearing in the that inform ation from them and then R e p u b lic a n -le d O regon having ju rie s only decide g u ilt or innocence? House. I've been th inking o f reintro­ Chip Shields serves north and ducing that b ill, so I checked in northeast Portland in the Or­ w ith one well-respected consti­ egon House o f Representatives. Practice what you Preach proprietor (ìif't & R esale Shop Open lue - Sat T * state appealed, arguing that the longer prison term did not violate the Oregon C onstitution. A 5-4 m ajority o f the C ourt o f Appeals agreed. Thorp had to do all six years and three months. What's also interesting is that the T horp opinion was penned by Judge Paul D eM uniz, who was 503-281-0927 • N E W A N D R ES A LE • C L O T H IN G • L O C A L A R T IS T •C O L L E C T A B L E S • B ATH & B E A U T Y • G IF T BAS K E TS • H O M E DÉCOR • V IN TA G E • F U R N IT U R E & M O R E 1703 NE Alberta Portland, Oregon 97211 B ring this ad to receive $2 o ff your purchase o f $10 or more Organized labor falls short on diversity by M arc M orial There is no question the civ il rights and la­ bor movements have shared a public com m it­ ment to issues o f parity and ju s tic e a ffe ctin g A frica n Americans and w orking people over the years. Forty years ago. Dr. M artin Luther King embodied that partnership when he led his last march fo rju stice in support o f the striking sani­ tation workers o f A FSC M E Local 1733 in Memphis. But, it is also true that the union movement has been slow to practice what it preaches when it comes to equality w ith in its own ranks. In the early years o f the labor movement, A frica n Am ericans were systematically excluded from m ajor unions, w hich led to the form ation o f separate Black labor unions. A . P h ilip Randolph fo u n d e d the B ro th e rh o o d o f Sleeping Car Porters in 1925 and wageda 12-year fig h t to gain rec­ ognition by the Am erican Fed­ eration o f Labor. He went on to become a national leader in the fight against racism w ithin unions, in the workplace and throughout America. N O W D E L IV E R IN G Y o u r fa v o rite n e ig h b o r h o o d g r o c e r y s to re n o w d e liv e rs g r o c e r ie s rig h t to y o u r h o m e o r o ffic e . w w w .n e w s e a s o n s m a r k e t.c o m you click, we deliver, (or pull up for pick up) a lim e when the vast m ajority o f new union members are women and people o f color, "a m ajority o f people o f co lo r still encounter barriers to gaining leadership positions w ith in their union and even where they have reached leadership positions, (hey face additional challenges." Lucy recommends mentoring support, education, training, and other pro-active efforts to achieve opportunities and equality w jth in the union movement. The Na­ tional Urban League agrees. O r­ ganized labor must not take A f r i­ can American support fo r granted. As the presidential election o f At a time when African Americans are an increasingly important part o f the organized labor's future, they are still not adequately represented at the top echelons o f the American labor leadership. Those e a rly b a rrie rs have slow ly fallen and now Blacks rep­ resent about 14 percent o f A m e ri­ can union workers. But, at a time when A frica n Americans are an increasingly im portant part o f the organized labor's future, they are still not adequately represented at the top echelons o f the A m e ri­ can labor leadership. But don't take m y word fo r it. Listen to what W illia m Lucy. A FS C M E secretary-treasurer and the hig h est ra n k in g A fric a n Am erican in Am erican labor has to say. In remarks to a 2005 na­ tional sum m it on labor and di ver­ sify in Chicago. Lucy said that at 2008 draws closer, the American labor movement is m o b ilizin g to represent the interests o f w o rk ­ ing people on issues like univer­ sal health care, the elim ination o f poverty and the right to organize. L et's hope they apply that same v ig o r to increasing d iv e r­ sity in union leadership and in the con tin u e d fig h t fo r equal o p p o r t u n it y th r o u g h o u t Am erica. As A. P h ilip Randolph rem inded us, "S alvation fo r a race, nation o r class must come fro m w ith in ." Mare Morial is president and chief executive officer o f the Na­ tional Urban League. i