FROM THE EDITOR

What crimes will criminals be able to commit freely?

By Eric Norberg

The Bee, Jul 7, 2010

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The basis of civilization is law. Law is what sets the ground rules for people getting along with each other in a cooperative and trusting community. Laws give us many rights we would not enjoy without civilization; the price we pay is that other rights are taken away from us for the good of others.

For example, laws guarantee that you can own property and that if someone steals it from you, they can be prosecuted for it, and removed from society in punishment. The penalty is intended to provide incentives for others to respect your property and not to steal it from you. But your right to steal property from others is taken from you, and you face loss of the privileges of civilization if you break this law yourself.

Yes, times are tough in local government, and belt tightening is called for, but we would submit that keeping civilization functioning is a supreme responsibility of these local governments, and should be the last thing to go.

But the Association of Portland Area Business Associations, or APNBA, has been distributing a copy of a memo originating in the District Attorney’s office, which appears to indicate that thefts (like shoplifting) of merchandise under $500 will no longer be prosecuted in our city, to save money. And other misdemeanors will be decriminalized as well.

When the rules which make it possible are discarded, what holds civilization together is discarded as well. The local merchants are justifiably deeply disturbed over the thought that it may effectively be legal, by the time this issue of THE BEE is out, for you to shoplift up to $499 worth of merchandise from the business of your choice. You can understand their panic; a few folks doing that will put them out of business.

The memo, written in late May by Jeff Howes; Fred Lenzser, and Wayne Pearson, Senior Deputy District Attorneys, to Chief Deputy District Attorney Rod Underhill, on the letterhead of District Attorney Michael Schrunk, is clearly written to point out the dangers in making the proposed cuts in staff and prosecution. It was clearly written in warning against making such cuts.

Here is the part of that memo which describes what crimes would still be prosecuted — and which would not be. (And, it points out that discontinuing prosecution of many crimes will greatly reduce the income from fines and penalties, and would sharply reduce the amount of labor contributed under “community service” sentencing, thus requiring the payment to others to do what is now done free by convicts.)

First, the good news, quoted directly from the memo…

“A. Prosecution of the following charges will continue, due to threat to public safety presented by this criminal conduct:

1. DUII

2. Sexual Abuse in the Third Degree

3. Public Indecency or any exposure of genitalia in the presence of children

4. Assault in the Fourth Degree

5. Violation of a Stalking Order

6. Menacing

7. Recklessly Endangering another Person

8. Interfering with Public Transportation (issued as a violation)

9. Prostitution (see discussion below regarding issuance of Prostitution cases)

10. Animal Abuse

11. Theft and Forgery in the Second Degree (value $500 or greater)

12. Other aggravated cases.”