The Oregonian | Guest Columnist, Matt Shirtcliff
Posted November 20, 2018
The Oregon District Attorneys Association joins The Oregonian Editorial Board, our fellow elected district attorneys across the state and Oregon Legislature’s leadership in their call to send voters a constitutional amendment that would require unanimous jury verdicts.
As prosecutors, we believe in a fair and just criminal justice system that reflects the shared values of the public. While Oregon has made 10-2 verdicts work, we recognize the need for this law change and believe it is time to align our state with the rest of the country and the federal courts.
Many will call on us to implement this practice immediately. However, we do not believe we have the unilateral authority to implement a change in verdict vote requirements without a constitutional amendment to Article 1, Section 11. Today’s law makes it clear that the right to a non-unanimous jury verdict is held by the jurors themselves, not by the prosecutor. Simply put, prosecutors cannot waive a right that they do not possess. That is why it is critical that Oregon voters amend Oregon’s state constitution to remove the possibility of a non-unanimous jury.
Our association believes that juries allow for community voices to play a vital and critical role in our criminal justice system, one that is just and transparent. It is time for a thoughtful review of this law. Fostering public confidence in the criminal justice system is an essential part of what prosecutors do on a daily basis, both inside and outside of the courtroom. Times are changing and the criminal justice system should reflect the public’s current values.
In theory, the Oregon District Attorneys Association acknowledges that a change to unanimous verdicts could make criminal convictions more difficult. However, it is a hallmark of our justice system that it should be difficult to take someone’s liberty. That’s exactly why defendants in criminal cases enjoy the presumption of innocence and the prosecutor must establish guilt beyond a reasonable doubt. Adding the requirement of unanimity is another important safeguard against both wrongful convictions and wrongful acquittals.
The district attorneys association supports the change to require unanimity by our juries. It is good policy to align ourselves with the rest of the country and ensure that no juror’s voice is ignored during jury deliberations.
The association had previously sought to have a discussion with voters about the entirety of Article 1, Section 11, including provisions to allow victims — via the state — to have input into jury waiver. Yet our position today is simple and clear: Our association supports a legislative referral amending the constitution to require unanimous verdicts.
— Matt Shirtcliff is the district attorney of Baker County and the president of the Oregon District Attorneys Association.