Criminal Justice

“[L]awyers in criminal courts are necessities, not luxuries. The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.”
-- Justice Hugo Black,
Gideon v. Wainwright, 1963

The rights guaranteed to individuals under suspicion, criminal defendants, and prisoners are fundamental rights that protect all Americans from governmental abuse of power. These rights include the guarantee against unreasonable search and seizure, the right to reasonable bail, the right against self incrimination, the right to counsel, the right to be acquitted unless the government can prove its case beyond a reasonable doubt, the right to a jury of one’s peers and the right to be free from cruel and unusual treatment.

These protections were included in our federal and state constitutions in order to protect innocent persons who may be wrongfully suspected or accused of a crime. The framers understood that it is more important for the government to follow the rule of law than it is to obtain a guilty verdict in every case.

Litigation

State v. Marquez-Marquez

ACLU Challenges Unfair Bail Forfeiture

July 13, 2009 - The ACLU is directly representing Maria Araujo as she seeks remission of a court order demanding that she pay her brother-in-law’s security deposit of $20,000. 

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Washburn v. Columbia Forest Products, Inc.

Oregon Supreme Court Narrows Definition of Disabled Worker

October 2006 - In Washburn v. Columbia Forest Products, Inc., 340 Or 469, 134 P.3d 161 (2006), the Oregon Supreme Court was faced with the question under the Oregonians with Disability Act of whether a person’s disability should be assessed with or without regard to measures which mitigate the disability.

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Legislation

CRIMINAL JUSTICE: DNA Evidence Retention (SB 731) (2011)

This session, because of the evenly divided House, it was easier to stop than to pass a bill. The ACLU nevertheless spearheaded the passage of SB 731, culminating a ten-year effort to bring added protection to the criminal justice system regarding the preservation and use of evidence containing biological material (DNA) to prove innocence.

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SEARCH & SEIZURE: Police Road Blocks (HJR 25) (2011)

A constitutional amendment to weaken our search and seizure provision (Article I, section 9) of the Oregon Constitution was introduced for the third session in a row. HJR 25 would have amended the constitution to authorize law enforcement to use roadblocks to stop and question individuals to detect drunk drivers without any individualized suspicion of wrongdoing.

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Other

ACLU Opposes City Council's Exclusion Order

November 18, 2010 – The ACLU of Oregon has urged the Portland City Council to oppose the creation of new exclusion zones for those found guilty of gun-related offenses.

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Portland’s 2006 Sit/Lie Ordinance: Process Abandoned at 11th Hour?

April 2007 - The ACLU explains why, despite six months of hard work in the mayor’s SAFE workgroup, it came out against the proposed ordinance

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