PDF Format – 1999 Voters Guide

Side Bars – Who We Are – The Name – Christian, not Conservative – A 19th Century Christian Theologian’s Comments on Secular Conservatism – Crime and Restitution – Juries: Past and Present – The Notorious Ox and Safety – Self-Incrimination and the Bible – Judges versus Computers – Open Pits and Paying Your Own Way

Ballot Recommendations Summary Measure 68 Measure 69 Measure 70 Measure 71 Measure 72 Measure 73 Measure 74 Measure 75 Measure 76

Measure 72
Amends Constitution: Allows murder conviction by 11 to 1 jury verdict.

EXPLANATION:
Currently, the Oregon Constitution requires that all 12 members of a 12-person jury vote to convict in cases of murder. For most murder cases, this measure would change that to an 11 to 1 requirement. In aggravated murder cases, the requirement would remain 12-0.

RECOMMENDATION:
NO.

First, it should be remembered that an 11-1 jury usually results in a hung jury, and the defendant can, and frequently is, retried. Second, the 12-0 requirement is long established, and should only be changed after much deliberation, public discussion, and debate. Third, as we explain in Juries: Past and Present, the quality of jurors is much reduced in our day. We can easily imagine a case where the minority of one in a modern jury of twelve would be in the right. See Sidebar - Juries: Past and Present.

This voters' guide produced by Parents Education Association, PAC.