Nevada Voters Could Add Crime Victims’ Rights to the State Constitution
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What the Initiative Does
Nevada Question 1 would add specific rights of crime victims, known as Marsy’s Law, to the Nevada Constitution. Crime victims would be given the right to:
- Be treated with fairness and respect and be free from intimidation, harassment, and abuse throughout the criminal justice process;
- Be reasonably protected from the defendant;
- Have the safety of the victim and victim's family considered when setting bail;
- Prevent release of information the defendant could use to locate the victim;
- Refuse an interview or deposition unless under court order;
- Reasonably confer with the prosecuting agency;
- Reasonable notice of all public proceedings and be present at all public proceedings;
- Be reasonably heard at any public proceeding;
- Timely judgment of a case;
- Provide information to officers concerning the impact of the crime on the victim;
- Be informed of the conviction, sentence, incarceration, and release date of the defendant;
- Full and timely restitution;
- Prompt return of property when no longer needed as evidence;
- Be informed of all post-conviction proceedings;
- Have the safety of the victim, the victim's family, and the public considered before any parole;
- Have restitution money first applied to the amount ordered to the victim; and
- Be informed of the rights in this amendment.
Argument in Favor
Accused criminals shouldn’t have more rights than crime victims. Adding Marsy’s Law to the Nevada Constitution would ensure that victims’ rights are respected as the criminal justice process plays out and they aren’t forgotten by the system.
Argument Against
Nevada law already provides statutory rights to victims. Rather than adding those rights to the state constitution in a way that will be expensive and difficult to implement, Nevadans should focus on ensuring that the existing protections for victims of crime are upheld.
In-Depth
Marsy’s Law for Nevada is leading the campaign in support of this measure. Will Batista, the organization’s state director, says:
“If you get arrested and are asked to name your rights, you know you have the right to remain silent. If you ask a victim to do the same thing, they often can’t think of their rights. Often times, states don’t have enforceable rights. (Marsy’s Law) elevates rights to a constitutional level.”
Gov. Brian Sandoval (R), Attorney General Adam Paul Laxalt (R), Sen. Dean Heller (R-NV) and numerous Republican state senators support this measure. Sen. Heller says:
“As a champion of policies that will crack down on human trafficking, provide resources for sexual and domestic violence survivors, and improve the criminal justice system’s response to these crimes, I am proud to announce my support for Marsy’s Law… Just like the accused, victims deserve to have guaranteed rights that are clearly defined. Victims and their families have been through enough in the wake of a tragedy – they should not be faced with additional trauma. I am pleased that Nevada now has the opportunity to ensure that victims of crimes are fully protected.”
The American Civil Liberties Union of Nevada (ACLU of Nevada) opposes Question 1, which it argues is an “unfunded mandate in search of a problem” that “will do little more than burden taxpayers and the criminal justice system with constitutional requirements that victims are already entitled to by law.” The ACLU of Nevada argues that Question 1: 1) ignores victims’ specific needs; 2) undermines the criminal justice system; 3) violates the rights of the accused; 4) places financial strain on an overburdened criminal justice system; and 5) raises serious constitutional concerns.
The effort to institute Marsy’s Law across the U.S. is primarily backed by Henry Nicholas, co-founder of Broadcom Corporation, whose sister, Marsalee “Marsy” Nicholas, was murdered by her ex-boyfriend. A week after his sister’s death, Henry and his mother encountered Marsy’s ex-boyfriend at a grocery store after he was released on bail — they hadn’t been made aware of his release.
Due to this experience, Henry founded Marsy’s Law for All, the national organization advocating for Marsy’s Law. The organization’s mission is to “amend state constitutions that don’t offer protections to crime victims and, eventually, the U.S. Constitution to give victims of crime rights equal to those already afforded to the accused and convicted."
As of 2018, six states have enacted Marsy’s Law amendments: California, Montana, South Dakota, North Dakota, Ohio, and Illinois. A seventh state, Montana, initially approved a Marsy’s Law amendment, but it was struck down in 2017 as unconstitutional by the state supreme court.
Summary by Lorelei Yang
(Photo Credit: iStockphoto.com / LPETTET)
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