Constitutional Rights for Crime Victims on the Ballot in 6 States

Voters in six states will vote on ballot measures that could add crime victims’ rights ― known as Marsy’s Law ― to their state constitutions this November.

The law is named after Marsalee “Marsy” Nicholas, who was stalked and murdered by her ex-boyfriend. Marsy’s brother Henry Nicholas, co-founder of Broadcom Corporation, took up the cause of crime victims’ rights after his family’s experience with the criminal justice system: 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.

As of 2018, six states have enacted Marsy’s Law amendments: California, Montana, South Dakota, North Dakota, Ohio, and Illinois. Montana's Marsy’s Law amendment was struck down in 2017 as unconstitutional by the state supreme court.

Here’s a look at each of the ballot measures:

Florida’s Amendment 6 would provide crime victims and their families with the following:

• A right to due process and to be treated with fairness and respect.
• A right to be free from intimidation, harassment, and abuse.
• A right to have the victim’s welfare considered when setting bail.
• A right to proceedings free from unreasonable delay.

Because Florida uses a practice known as “bundling” to include multiple unrelated issues in a single ballot measure, this amendment would also raise the judicial retirement age to 75 and require judges to make their own interpretation of a law in question instead of deferring to an agencies’ interpretation.

Georgia’s Amendment 4 would amend the state constitution to provide crime victims with specific rights, including: 1) the right to be treated with fairness, dignity, and respect; 2) the right to notice of all proceedings involving the alleged criminal; 3) the right to be heard at any proceedings involving that release, plea, or sentencing of the accused; 4) the right to be informed of their rights; and 5) the right to be excluded from scheduled court proceedings.

It’d also give the state legislature the power to further define, expand, and enforce these rights. This amendment was referred to voters with unanimous votes of the Georgia legislature.

Kentucky’s Marsy’s Law Crime Victims Amendment would add crime victims’ rights to the state constitution, including the right to be treated fairly, with dignity and respect, and the right to be informed and have a voice in the judicial process. Kentucky’s legislature referred this amendment to voters with bipartisan votes of 34-1 in the Senate and 87-3 in the House.

(Note: A Kentucky judge ordered that this ballot measure’s results not be certified because it was too vaguely worded. That ruling is under appeal, and the measure will appear on the ballot regardless of whether the result is ultimately certified.)

Nevada’s Question 1 would give crime victims specific rights under the state constitution, including 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.

North Carolina’s Marsy’s Law Crime Victims Amendment would amend the state constittion to give crime victims the right to:

• Receive reasonable, accurate, and timely notice of court proceedings;
• Be reasonably heard at any court proceeding involving the plea, conviction, adjudication, sentencing, or release of the accused;
• Be present at any proceeding involving a plea, sentencing, parole, release of the defendant, and any proceeding in which the victim's rights are implicated, except for the defendant's initial appearance;
• Be paid restitution in a reasonably timely manner, when ordered by the court;
• Receive information about the conviction, adjudication, or final disposition and sentence of the accused;
• Receive notification of escape, release, proposed parole or pardon of the accused; and
• Present the victim’s views and concerns to the governor or agency considering taking an action that could release the accused.

Oklahoma’s State Question 794 would amend provisions guaranteeing rights to crime victims to instead articulate specific rights under Marsy’s Law, by:

• Expanding the court proceedings at which victims have the right to be heard;
• Adding a right to reasonable protection;
• Adding a right to proceedings free from unreasonable delay;
• Adding a right to talk with the prosecutor; and
• Allowing victims to refuse interview requests from the defendant without a subpoena.

Oklahoma’s legislature referred this amendment to voters with bipartisan votes of 43-2 in the Senate and 88-0 in the House.

Follow the above links to learn more about each ballot measure and share your thoughts below!

— Eric Revell & Lorelei Yang

(Photo Credit: iStock.com / welcomia)