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Oregon High Court asserts that jury can be acquitted in split voting | National

Salem, Oregon (AP) —The accused was acquitted months after the Oregon Supreme Court ruled before the murder began and the U.S. Supreme Court ruled that the conviction must be unanimous. He supported that he could be innocent.

According to a legal expert, Thursday’s decision made Oregon the only state in which the jury acquitted 10 or 11 votes in a committee of 12 people.

Defense lawyers welcomed the decision and dispelled doubts among judges about how the US Supreme Court’s decision would apply in Oregon.

Portland lawyer Asul Acharya tweeted “great news from the Oregon Supreme Court this morning.”

The U.S. Supreme Court ruled in April that state criminal juries need to be unanimously convicted, allowing split juries to convict Louisiana and Oregon defendants. I solved the habit of the constitution.

Louisiana voters had previously abolished the system, but remained in Oregon until the US Supreme Court. Arbitrage.. In both states, the provision allowing jury division of convictions was rooted in prejudice.

An Oregon judge, who presides over a male murder trial in the suburbs of Portland, has unanimously acquitted a jury of the United States Supreme Court’s decision, even if the High Court did not specifically address the issue. Said that should also apply.

“The only way to ensure a fair and impartial jury trial against all defendants, victims and juries is to instruct the jury that either guilty or acquittal must be unanimous. “Judge Andrew Irwin of the Washington County Circuit wrote in July last year.

Still, Irwin agreed to seek a ruling from the Oregon Supreme Court before the Michael Ross trial began. Ross pleaded not guilty to the murder of his mother, Diana Ross, and the attempted murder of his younger brother, Alexander Ross III.

The situation in Louisiana was a trace of the Jim Crow Law enacted to suppress black citizens in the late 19th and early 20th centuries. Louisiana voters have abandoned the unanimous verdict system for crimes committed after 2019. However, a male lawyer convicted of a jury’s 10-2 verdict of killing a woman in 2016 brought the case to the US Supreme Court, leading to last year’s ruling. ..

The judge’s 6-3 vote overturned the conviction of Evangelist Ramos and had a profound effect on Oregon, the only state to allow a unanimous jury verdict.

Like Louisiana, the adoption of Oregon’s split jury decision in the 1930s was also rooted in prejudice. An editorial in the Oregonian morning edition at the time said, “The combination of vast immigrants from South and Eastern Europe to the United States of untrained jury systems has made 12 juries increasingly unwieldy and inadequate. “.

Minority voting is irrelevant if one or two migrants or non-whites are acquitted and the rest of the jury are convicted by allowing the jury to split the conviction May become. Oregon voters passed a voting bill in 1934, acquitting or acquitting all crimes 10-2 and 11-1. The conviction of the primary murder was exempt from this measure.

Judge Neil Gorsuch of the U.S. Supreme Court, who wrote to the High Court last April, said the unanimous conviction practice was inconsistent with the Constitution’s right to a jury trial and should be revoked. Stated. As a result, Oregon withdrew the unanimous jury’s conviction.

However, Irwin explained a fictitious situation to argue that the unanimous jury acquittal should also be withdrawn.

“Given the current racist case, it’s easy for a white police officer to be tried for unfairly shooting an unarmed black man and a jury consisting of 10 whites and 2 blacks. I can imagine it, “writes Irwin.

He convicted both black juries, but if police officers were acquitted based on the acquittal of 10 white juries, the general public and the families of black victims would be racist. He said he could blame the court.

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Follow Andrew Selsky on Twitter. https://twitter.com/andrewselsky

Copyright 2021 AP communication. all rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.



Oregon High Court asserts that jury can be acquitted in split voting | National

Source link Oregon High Court asserts that jury can be acquitted in split voting | National

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