State v. Quinn

TONGUE, J.,

specially concurring.

I concur in the majority opinion. I believe, however, that the result reached by the majority would be better understood and accepted by the people of Oregon, who enacted the Oregon Death Penalty Act (ORS 163.116), if stated somewhat differently.

The rule that a person accused of murder is entitled to a jury trial on all of the facts necessary to prove guilt, including the required "culpable mental state,” was *408not an invention of the Oregon courts. The Supreme Court of the United States has also held that no person shall be convicted of any crime without a trial…