John, right now, hundreds of people in Oregon who were convicted by non-unanimous juries remain incarcerated despite a recent Supreme Court ruling that non-unanimous juries are unconstitutional.1
Passed in 1934 following the rise of the Klu Klux Klan in the state2, non-unanimous juries have meant that for almost 90 years, an Oregonian could be convicted and imprisoned even if two jurors returned a “not guilty” verdict. As per usual, Black and Brown people continue to bear the brunt of the consequences of this law.3
There is, however, a powerful person who can act to ensure that every human currently incarcerated based upon a non-unanimous jury conviction has the opportunity to be released and retried: Oregon’s Attorney General Ellen Rosenblum.4 But we need to move her to action.
Last year, the Supreme Court acknowledged the racist origins of non-unanimous juries, and ruled the practice - only ever used in Oregon and Louisiana - unconstitutional. In the Court’s 2020 watershed decision, Ramos v. Louisiana, the Court found that: “Oregon’s rule permitting non-unanimous verdicts can be traced to the rise of the Ku Klux Klan and efforts to dilute the influence of racial, ethnic, and religious minorities on Oregon juries.”5 A person can no longer be convicted by non-unanimous juries of any kind.
Yet, despite the decision, hundreds of people convicted by non-unanimous juries remain in prison. Thousands more, also tried by non-unanimous juries and who have since completed their sentences, continue to bear the stigma of a conviction record - creating barriers to meaningful employment, stable housing, and even reunification with family.
Why? Because the Supreme Court decision only applied to people who had open appeals at the time of the ruling. The decision didn’t apply to people who had already gone through the appeals process, despite them having been convicted in the same unconstitutional way. This is an arbitrary matter of timing, not justice.
Attorney General Rosenblum has acknowledged non-unanimous juries as “an embarrassment to our otherwise progressive state”6 a phenomenon that is “linked to antisemitism and racism.”7 So why should Oregonians be condemned to imprisonment by a system that the Attorney General and the U.S. Supreme Court have recognized as racist?
Black people are only 2.2 percent of Oregon’s state population, yet are estimated to comprise 16 percent of those convicted by non-unanimous juries.8
To not permit each Oregonian impacted by non-unanimous juries access to justice because of an arbitrary deadline sends the message that some lives, Black lives in particular, are unworthy of fair trials. The state has prioritized convenience over freedom.
Sign our petition and encourage Attorney General Rosenblum to stand on the right side of justice.
Until Justice is Real,
Scott, Rashad, Arisha, Malachi, Erika, Megan, Ernie, Palika, Madison, Ariel, Trevor, Ana, McKayla, and the rest of the Color Of Change team.
REFERENCES:
1. Guest Column: Attorney General Rosenblum must vacate all non unanimous verdicts. (2020, August 18). The Bulletin. https://act.colorofchange.org/go/300622?t=7&akid=50824%2E4731121%2E9Jx4-X
2. Guest Column: Attorney General Rosenblum must vacate all non unanimous verdicts. (2020, August 18). The Bulletin. https://act.colorofchange.org/go/300622?t=9&akid=50824%2E4731121%2E9Jx4-X
3. The Ramos Project. (2020). Oregon’s Unconstitutional Non-Unanimous Jury System Disproportionately Impacted People of Color. https://act.colorofchange.org/go/300615?t=11&akid=50824%2E4731121%2E9Jx4-X
4. HRW Urges Oregon Lift Opposition to Retroactive Application of Racist Non-Unanimous Jury Rule. (2021, March 30). Human Rights Watch. https://act.colorofchange.org/go/300616?t=13&akid=50824%2E4731121%2E9Jx4-X
5. The Supreme Court of the United States. (2019b, October). RAMOS v. LOUISIANA. https://act.colorofchange.org/go/300617?t=15&akid=50824%2E4731121%2E9Jx4-X
6. Statement by Attorney General Rosenblum on Today’s U.S. Supreme Court Decision. (2020, April 20). Oregon Department of Justice. https://act.colorofchange.org/go/300619?t=17&akid=50824%2E4731121%2E9Jx4-X
7. Amicus Brief in Ramos v. Louisiana: Statement from Attorney General Rosenblum. (2019b, August 23). Oregon Department of Justice. https://act.colorofchange.org/go/300620?t=19&akid=50824%2E4731121%2E9Jx4-X
8. The Ramos Project. (2020). Oregon’s Unconstitutional Non-Unanimous Jury System Disproportionately Impacted People of Color. https://act.colorofchange.org/go/300615?t=21&akid=50824%2E4731121%2E9Jx4-X
Color Of Change is building a movement to elevate the voices of Black folks and our allies, and win real social and political change. Please help keep our movement strong.
