Comparison of Historical and Cultural Context in Florida and Oregon

Every state has its own unique history and set of laws. Party affiliation has also affected the state as a whole in how laws are enacted and what how the majority party has had an effect on the state's legislature. Death penalty being a constant issue because it’s always changing depending on who is the governor and what the citizens believe is a just punishment.

Unlike Florida that was once ruled by the Spanish, Oregon was mapped by two explorers, Lewis and Clark who were sent in an expedition by Thomas Jefferson to explore the western side of the North American continent from 1804-1806. The journey was arduous and dangerous for its time. Only having one casualty a result of medical complications. 50 years later, Oregon was declared the 33rd state on February 14,1859, several years after the California Gold rush that flocked over 300 thousand US Citizens to California in search for gold which lasted from 1848-1850s. Many towns began to be built that led to the establishment of settlements thanks to James Marshall and his unprecedented discovery of gold in the area.

However, during this time slavery was still going on. To overcome any future issues regarding slavery, Oregon became one of the few states that were “Whites only”. Described as “White utopia” by some, the state has the lowest population than in any state in the nation. According to an Article by Matt Novak, the total population in Oregon is 2 percent black Americans. The population was heavily affected during the segregation era of US after the abolishment of slavery. This has led to many complications today such as the protests in Portland, Oregan regarding White Power.

Life in Oregon during the segregation era was horrible because they were not able to have lives and couldn’t get jobs due to the Jim Crow Laws. So many turned to illegal activities as a form of income and even opened underground businesses. Including businesses that sold “forbidden pleasures”. However, those that were true businesses that did thrive in the state but most of them required a bit “convincing” the officers and officials to allow the black citizens to have a business established.

Lady Justice was not in their favor however, any lawsuits that were started against any white person was already won by the white person and not the person of color. This way of handling court cases would last till the Anti-immigration laws of 1953. However, this somewhat changed during World War II, where there was a boom in the black population that rose up 20 thousand.

According to Oregon Encyclopedia, Blanchard Plan was designed to “a grade level in schools in black neighborhoods were to be closed each year” (Millner, 2019) The plan was to try to integrate the schooling of Black children under the Brown v. Board of Education; which permitted children to go school with the white citizens. Robert Blanchard, with this ruling opted in having black children be transferred to white schools where both races would participate. However, the school board did not like this idea and walked out. This is an important milestone that would’ve united the citizens in this hate filed state.

In the years to come, the community did become united, and worked together to build a better future. However, many issues regarding racism did remain. Causing new marches and a greater division in the community. With the white supremacists rising to gain more attention from the hate filled media, is only a matter of time till a revolt begins and makes the change violent.

In Florida however, the Spanish conquered the lands and named it so. The state was named ‘Florida’ after Juan Ponce de Leon touched land in 1521, in search for the fountain of youth. Surprisingly enough, Ponce brought his own colony and conquered in St. Augustine with over 200 colonists. However, as Ponce de Leon continued searching for the Fountain of Youth, he came across a tribe called the Calusa. According to the University of Southern Florida “Ponce de León was shot in the thigh by an arrow and was seriously wounded.”

As a result, the colonists abandoned the Colony that was settled in St. Augustine and Fled for Cuba, where he later died. Centuries later, after the American Revolution and the declaration of independence in 1776, the US went into war again with Britain and some fought the french. The War of 1812 and the Indian War. Which after the war the US gained Florida once the government found out that many citizens were moving down south to make their homes. Soon after, the area became part of Florida in March 3, 1845 by president Taylor.

The state of Florida, however, did join the Union at a bad time, meaning that southernmost states withdrew from the nation and became known as Confederate states. Unlike Oregon that was just an All white state, Florida farmers did purchase slaves and have them tend to the crops. However, this did not last too long as the civil war got sparked once President Lincoln became the leader of the divided nation. Thus, the Proclamation Emancipation was enacted, and the slave trade was abolished, and all black captives were freed and were to have their homes given to them by the farmers who owned land.

In Florida, history remained the same, the Jim Crow laws took affect and state went into crisis after the death of Martin Luther King “Day turned into night as protests escalated into bottle throwing at passing cars and small car fires in the streets of Tallahassee”(Florida Memory) The article also states that these protests lasted for 10 days. Thankfully, all this came to a halt after the Civil Rights laws were implemented and ended the Jim Crows. However, Florida was also in the middle of Cold War, the state was in Between both the US mainland and the Island of Cuba. The Union of Soviet Socialist Republic (USSR) was bringing missiles to Cuba, during which the Kennedy Presidency brought a halt and changed the course of the bloodless war.

This brought many Cuban to the state of Florida throughout the 1960s that a policy was enacted, Wet Feet, Dry Feet or the Cuban Adjustment Policy of 1966. This policy would allow any Cubans fleeing their country to reach the US and begin the process citizenship thereafter. This policy was removed by the Obama Administration.

In comparison of both states have had their share of history of having an effect to the nation as whole and promoted growth within the state. Both have had their share of civil rights turmoil. However, differences don’t last long enough, as we explore further explore how they both handle marijuana laws, and death sentence.

Overall, the history of Oregon has been a dark and not very favorable to the black community, and still isn't if we begin to observe of all events and traditions that is going on in Oregan. A change is best or much needed for the community to come together and ignore the heritage of racial discrimination that was present and taught through generations. Oregan was also another state to become one of the first 5 states to legalize medical marijuana between 1996 and 1999.

Marijuana has been a Schedule 1 drug since the Nixon administration, making it one of the drugs that is illegal that can get you in federal prison. However, many states began to legalize marijuana for recreational use, Oregon legalized recreational use in 2014. While Florida only recently legalized medicinal marijuana in 2016 (Thirdway, 2017)

The Oregon Medical Marijuana Act was signed to law 1999, Chapter 4 states that those eligible for medicinal marijuana are those with “debilitating medical conditions” (Chapter 4 Oregon laws,1999). This would be treated as any other medicine that is prescribed by the doctor or medical profession. The patient's prescription must be written by the medical profession, any falsification of documents that the patient brings will be uphold to the law. The patient will be protected from any civil and criminal law only if, they possess a small amount marijuana. The act also says that the patient cannot grow their own plants at home.

With all the development in the medical field, cannabis has been in the center of research of finding out if it indeed has medical benefits or not. The only lead we have is from those who claim that marijuana is beneficial them. The plants are properly and closely grown to prevent any inappropriate contamination from other chemicals and make it safe for patients to use. Then the state legalized recreational use of marijuana. Anyone over the age of 21 can purchase and possess marijuana. They can also harvest 4 plants and maintain 10 seeds, but the private use is also restricted because of the discretion of the landlord.

It is still considered federally illegal and will be prohibited to drive while driving. Interestingly enough the gifting of marijuana is perfectly legal as long as the recipient is over the age of 21, and the recreational marijuana is not being sold as it is stated in the ‘What’s legal Oregon’ website, where residents of the state can go and click on the infographics and educate themselves on what they can and can’t do with marijuana.

In Florida, recreational marijuana is still up for debate, although medicinal did get legalized back in 2016. Medicinal marijuana must be prescribed by a doctor and the person must have their Medicinal Marijuana Card on them at the time of purchase. Here in Florida, minors can get access to medicinal marijuana with parental consent. But not just anybody can get the medication, only those with medical conditions that are affect the normal bodily functions of the person such as Cancer, Epilepsy, HIV, AIDS.

Although, the legalization of medicinal marijuana may have been a success, many don’t realize that the federal government is also observing the usage of marijuana. In 1970, Marijuana was put as a Schedule one drug. Meaning, that anyone caught using the drug in private and public by federal law enforcement will be arrested. The minimum sentence is 1 year with $1,000 fine in the state of Florida.

In Florida, the process to legalize medicinal marijuana was an arduous one. The state began the process of legalizing marijuana for medicinal use in 2014 under the Senate Bill 1030. This bill would allow Florida Residents to be prescribed medicinal marijuana and use it for medical reasons only. The bill passed on both Senate and House voting, leading to the signing of the Current Governor, Rick Scott. Those that can use the drug

Soon after in 2016, the citizens of Florida, got to vote whether to legalize medicinal marijuana throughout the state. The bill had a majority vote especially from republicans. It would allow anyone with cancer, epilepsy and any other illness that hinders normal bodily functions to use the drug for medicinal use. However, it soon after changed a little bit to allow the drugs to be smoked.

Recreational Marijuana is currently being written or petitioned to be put up in November 3, 2020 elections. This would make Florida the 12 state, if legalized and voted for through majority vote, to legalize recreational marijuana. This is an anticipated law to be put on the valet as more and more push for legalization of marijuana in nation.

Both states have legalized medicinal marijuana for medicinal use to help their residents in getting better health wise by minimizing the pain that they get from their medical conditions. While one state has successfully passed the legalization of recreational marijuana, Florida is still working on making the drug legal for recreational use.

The Death Sentence varies by state due to religious reasons and how the public perceive it. It has been around since the medieval ages from the guillotine to hanging these forms of punishments has greatly enforced “eye for an eye by Hammurabi. However, in modern society, each state has their own form of approved death punishments that are deemed humane.

According to the States Department of Corrections website for Oregon, Capital Punishment has become law 4 times in its history. It has been voted against twice and struck from the existence once by the states Supreme Court. Currently there are 29 men in death row and 1 female in death row, both who being held in separate institutions. The site also states that the demographics for death row are 2 African Americans, 3 Hispanics, 1 Native American, and 24 whites.

Previously, executions where to be carried out by the county Sheriffs. in 1903, it was then restricted to a more private attendance and now required that any executions to be taking place at Oregon State Penitentiary in Salem. The first person to be put in death row after the legislature was put in a place, was a 26-year-old male from Iowa who found guilty of murder. (Oregon DOC)

Originally, the method of execution was by hanging. However, the public chose to stop death penalty in 1914 with just a 50.04% (Oregon DOC). From the time period of 1904 to 1914, 24 men were executed. This did not last long as Death penalty was soon reinstated 6 years later continuing executions by hanging. The last hanging was October 30, 1931, and the state moved on to lethal gas. The first to be executed was Leroy Hershel McCarthy, a 27-year convicted of murder. (Oregon DOC)

The death penalty would soon then be repeal in 1964 under Governor Mark O. Hatfield. The repeal didn't last too long as well as it was later re-instituted in 1978. However, this time, death penalty was to be given the judge, and not the jury. This statute became known as ORS 163.116. This would prove difficult as it would impair the right of Trial by Jury, so the statute was struck down and made to be revised becoming ORS 163.150 in 1984 with majority vote of 75 percent.

Under this statue, Article 1, 40 was created which states that ' Penalty for aggravated murder' Aggravated murder was later defined in another statue. Thus, giving the jury the determination of ' 1. The murder was deliberate; 2. Whether the defendant posed a continuing threat to society; and 3. Whether the defendant's acts were unreasonable in response to any provocation by the deceased.' (Oregon DOC) Alongside with the sentencing options of ' 1. Death; 2. Life without the possibility of parole ('true life'); and 3. Life imprisonment with a 30-year minimum.'

However, this would not last long, as a major court case that would affect another state would impact the state of Oregon's policy on capital punishment. Penry v Lynaugh was a United States Supreme Court case that proposed that Texas death penalty was a violation of the Eighth Amendment. The purpose for the Eighth Amendment was to protect citizens from cruel and unusual punishment. In this case however, the petitioner, was found competent to stand trial.

This was not the case as a psychologist brought by the petitioner, determined him to be 'mildly to moderately retarded and had the mental age of a 6 1/2-year-old.' (Legal Information Institute) With all the evidence that he had provided, the state still chose to declare him stable disregarding his past of being abused as a child even though evidence pointed to that. Today, the state of Oregon only conducts the death sentence through lethal injections.

Overall, the likenesses of both states can be found in certain aspects, like who will get the medical for medicinal Marijuana and how they are able to get it. With the soon upcoming elections we will be able to see the new development of voting for recreational marijuana. As well how history did begin to shape the states. Florida has a rich history of Spanish culture from Spain and Oregon had its history come from the Gold Rush when a huge mass of farmers and landowner came to the western side of the North American Continent and create their own state that would not allow any Person of Color, to a more progressive state. Death penalty being the topic for years and years and how the publics own view on how punishment should be taken care of. Although the history books and law making, and how justice is carried out is still changing every day, we will all come together on certain matters voice our opinions on policies from the state.