Oregon Supreme Court Visit
Date: March 11 2013 9:00am - 12:00pm Location: McCarty Classroom Complex
McCarty Classroom Complex
The Oregon Supreme Court will be hearing cases in Classroom 1 as part of their efforts to connect Oregonians with the work of the judicial system. There are two arguments scheduled: 9:00am and 10:30am, and there will be time for questions from observers following each argument. You may observe the arguments either in person in Classroom 1, or by live feed in the Lower Student Lounge. For additional information about the cases, view the Supreme Court’s docket.
Students wishing to hear the arguments in State of Oregon v. N.R.L., S060355, at 9:00 am will need to attend the arguments in person or attend the live feed in the Student Lounge. That argument will not be recorded for the public or available as a webcast. The case involves a crime victim’s constitutional and statutory rights to restitution and NCVLI participated as amicus curiaein this case, arguing the meaning and scope of those rights.
State of Oregon v. Jonathan D. Christian starts at 10:30am and will be available to watch online as a streaming video. Click here to watch.
The question on appeal is whether Article I, Section 17, of the Oregon Constitution, which guarantees a right to a jury trial “[i]n all civil cases,” applies to restitution proceedings in a juvenile delinquency case. The juvenile offender argued that he is entitled to a jury trial on the issue of restitution because Oregon’s crime victims’ rights amendments have transformed criminal restitution from a traditionally penal sanction to a civil recovery device for crime victims. In its amicus brief, NCVLI argued that the fact that Oregon’s restitution scheme serves to compensate crime victims for some (but not all) of their losses does not negate its concurrent penological objectives of deterrence, rehabilitation, and accountability.
The arguments should be an interesting combination of historical roots, public policy, legislative history, and more!