Is Bend Ready for a 4 Year College Campus in Town? (Eugene: apartment complex, health insurance)

[Metlakatla]

I wonder if the professor feels any pressure from his employer not to press charges against the little darlings involved in the "snowball fight."

Look, Eugene is a small town, and a lot of residents are obsessed with their Ducks. I'm not sure I'd feel comfortable being known publicly as someone who pressed charges against members of their football team. It's seriously bad in that town; I've been almost run off the road for my OSU sticker.

There's something at play here that those who haven't lived in the area aren't aware of: the Ducks football team has developed an extremely inflated sense of entitlement during recent years because bad behavior of all types has been given a pass. Many residents are simply sick of it. It's a little beyond the usual stuff that goes along with living in a university town; I've never seen one that bad. If they just let this slide by saying it was only a fun little "snowball fight" among innocent children, it will only get worse there.

That said, I'm not sure that just because the Ducks got out of control and committed acts yet again means that a 4-year college would automatically be detrimental for Bend residents. The situation in Eugene has been cultivated by many years of sweeping things under the rug and saying "boys will be boys."

As I stated in another thread, if I went outside right now and started stopping traffic, pelting people with hard-packed snowballs, cursing at them, and dumping containers of snow into their vehicles, the cops aren't going to give me a pass because "middle aged women will be middle aged women." No one would defend my "right" to have a little snowball fight. I'd end up facing criminal charges and probably spending the night in jail.

These students were adults. Our laws shouldn't be different depending on who's committing the actions.

[BendLocal]

Both of the victims are affiliated with the University so their willingness to leave the response up to the University is no surprise. I would guess a completely different reaction would have come from a driver that wasn't affiliated with UO.

The University has already started taking action.

Oregon starter to miss Alamo Bowl due to snowball fight | Local & Regional News | Eugene News, Weather, Sports, Breaking News | KVAL CBS 13

[Metlakatla]

Evidently, in some cases, the DA won't move forward unless individuals make a statement. So yes, it makes a difference whether the professor and the other person choose to "press charges." Nonetheless, I agree that their connection to the university is probably why they've declined to do so. Also, as I've stated previously, anyone pressing charges against the members of their football team probably is going to face some uncomfortable circumstances in Eugene.

[BendLocal]

Has the PD or DA's office officially pulled away from filing charges now that the Univ has started with disciplinary action?

[Metlakatla]

Originally Posted by BendLocal

Has the PD or DA's office officially pulled away from filing charges now that the Univ has started with disciplinary action?

I'm guessing that any question of filing charges was ended when the prof. and the other person declined to pres charges. This type of crime really does need an individual or individuals to press charges in order to move forward because no one sustained injuries bad enough to require medical attention. There's a few legal nuances involved here -- of course, if it were you or me who had done this, we'd have been arrested for assault already.

Personally, I'd be pressing any charges that I could against these thugs. They weren't cute little kids having a sweet snowball fight in their little bunny suits; they were grown men shouting obscenities at those they were attacking. Anyone who defends this behavior is part of the problem that Eugene has, but then, I think that those responding in this thread aren't very familiar with Eugene and the ongoing problems with their football team.

[BendLocal]

Originally Posted by kapetrich

You know who else is legally an adult? The mother and senior citizen who were attacked by snowballs. They have every right to press charges especially with that video footage. To my understanding they're not. This is how the law works for us adults.

That is a common misundestanding. See below.

www.criminaldefenselawyer.com

The Victim’s Role in Prosecution

In determining whether to pursue a case, the prosecutor will consider the victim’s statements and expected level of cooperation. A victim cannot force or require the prosecutor to pursue a case, but the prosecutor is more likely to pursue criminal charges if the victim is cooperative. In some cases, a victim may want to pursue criminal charges but the prosecutor may determine a crime was not committed or that there is not enough evidence to prevail at trial, even with the victim’s testimony. While this can be very frustrating for the victim, the victim does not have the authority to make a final decision about prosecution except in very special circumstances that are explained below.

The unwilling victim

A prosecutor also can decide to pursue a case even if the victim tells the police or the prosecutor that he does not want to press charges. Television and Hollywood movies sometimes create the impression that the victim decides whether to press charges and, therefore, whether the offender will be subject to criminal prosecution. This is not accurate. In a case of domestic violence, for instance, even if the victim tells the police or the prosecutor that he or she does not want to press charges, the prosecutor can still decide to proceed without the victim’s cooperation.

The Supreme Court has ruled that private citizens lack the right to press or dismiss charges.

The Court's prior decisions consistently hold that a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution. See Younger v. Harris, 401 U.S. 37, 42, 91 S.Ct. 746, 749, 27 L.Ed.2d 669 (1971); Bailey v. Patterson, 369 U.S. 31, 33, 82 S.Ct. 549, 551, 7 L.Ed.2d 512 (1962); Poe v. Ullman, 367 U.S. 497, 501, 81 S.Ct. 1752, 1754, 6 L.Ed.2d 989 (1961). Although these cases arose in a somewhat different context, they demonstrate that, in American jurisprudence at least, a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.

Yes - the victim's statements are considered by the authorities but the victim cannot force the PD or DA's office to press charges or stop them from pressing charges.

[kapetrich]

Ugh...do you really pride yourself on this type of nitpicking?

I understand how the law works, but thanks. I agree we all should have a better understanding of our legal system....? Common people use words like 'pressing charges' as taking action against a wrongdoer, in either criminal or civil courts. That is, the technical stance of pressing charges in a criminal court and/or that of suing someone in the civil courts.....

PLEASE FORGIVE ME, I AM A COMMON MAN, NOT AN ATTORNEY AND WE ARE NOT IN A COURT ROOM.

Despite your legal lesson, the fact as I stated remains true. You should know, you posted this article yourself in the first thread on this topic in the Oregon forum, where, frankly, this discussion should remain: Retired University of Oregon professor who was pelted with snowballs by students will not press charges | Emerald Media


....your technicality b/s is getting really old around here and I know for a fact I am not the only one with this view point.

[delta07]

Originally Posted by kapetrich

Ugh...do you really pride yourself on this type of nitpicking?

I understand how the law works, but thanks. I agree we all should have a better understanding of our legal system....? Common people use words like 'pressing charges' as taking action against a wrongdoer, in either criminal or civil courts. That is, the technical stance of pressing charges in a criminal court and/or that of suing someone in the civil courts.....

PLEASE FORGIVE ME, I AM A COMMON MAN, NOT AN ATTORNEY AND WE ARE NOT IN A COURT ROOM.

Despite your legal lesson, the fact as I stated remains true. You should know, you posted this article yourself in the first thread on this topic in the Oregon forum, where, frankly, this discussion should remain: Retired University of Oregon professor who was pelted with snowballs by students will not press charges | Emerald Media


....your technicality b/s is getting really old around here and I know for a fact I am not the only one with this view point.

Thank you! I have to agree. This is yet another thread that has broken down to nitpicking over technicalities. It's not useful, nor relevant.

[BendLocal]

For some people understanding how the law actually works is both useful and relevant. For others a TV Crime Drama level of understanding appears to suffice.

[Curbcheck]

Originally Posted by Greener_Pastures

The bigger thing, is that you (as a city) need to focus and be more aware of all the positive aspects brought on from the college and the individuals involved there instead of focusing on the few negative instances that might occur from kids having a little too much fun.

Just my .02 on the topic.

I'm only joining late into this conversation because I have family in bend. My aunt and uncle along with their young children. My aunt brought up this plan for a four year college so I looked into it.

I have to say I disagree with you. On two thing. Even as a high school student I can see how terribly wrong, immature what they, the "young adults" college students, "kids" whatever you like to see them, as are doing is. Yes they're kids I guess; they aren't the "grown up" most people stereotype. They aren't up on their feet just yet. But then again they are 18+ and post likely under the age of 25. They are adults. Young adults but adults. In this video they are acting like the high school freshmen I deal with day in and day out. They're passed being kids and they need to learn how to be respectful and grow up. How else can you expect to be treated seriously as an adult if you refuse to act like one?

Another thing is what I've just quoted above. How can you not focus on the negative things in this situation and situations that might come? Is having economic growth really worth turning the town to trash and having these college student who act like 14 year olds these days cause a nuisance. For goodness sake they are abusing this old man and he can't even do anything. Maybe because he's mature.

The city does not need to "focus on the positive" they need to weigh it with the negative. Sure negativity is bad but sometimes the negative will outweigh the positive. Putting people at risk (I mean come on that would have turned into a car accident), both victim and abuser all because these young adults are having "a little too much fun" is certainly not worth it.

Put yourself I that car. Would you want that to happen to you and let it slide by, or risk the chance it happening more and more.

I would love to go to college In bend but not if there are horrible people like these attending along with me.