State v. Benoit

The right to a jury trial under Article I, section 11, of the Oregon Constitution, extends to “all criminal prosecutions.” The issue in this mandamus proceeding is whether the state’s election under ORS 161.566(1) 2 to “treat” the misdemeanor offense of criminal trespass as a violation effectively decriminalized that offense and thereby deprived defendant of the jury trial right afforded her under Article I, section ll. 3

On October 11, 2011, defendant was arrested, handcuffed, booked, and lodged in jail along with 49 other “Occupy Portland” protesters. She was then charged with second-degree…