"Marsy's Law" On Ballot in November

When you vote in November, you'll be asked to approve an amendment to the state constitution, called Marsy's Law, to give crime victims many of the same rights that apply to criminal defendants. They will have the right to be present at every proceeding. This has passed both houses of the General Assembly in two consecutive sessions, and it's now up to voters.

These will include constitutional rights to:

* be treated with fairness and respect for the victim's safety, dignity, and privacy;
* proceedings free from unreasonable delay and a prompt and final conclusion of the case;
* have the safety of the victim and victim's family considered when setting the bail amount and release conditions for the accused;
* reasonable and timely notice of public proceedings involving the criminal conduct;
* be present at public proceedings involving the criminal conduct;
* be heard at proceedings where a right of the victim is implicated, including release, sentencing, and parole proceedings;
* receive notice of any pretrial disposition of the case, with the exception of grand jury proceedings;
* provide information to be considered before the parole of the offender;
* reasonable protection from the accused and those acting on the behalf of the accused;
* reasonable notice of the release or escape of the accused;
* refuse an interview, deposition or other discovery request made by the accused;
* full and timely restitution from the person or entity convicted;
* the prompt return of property when no longer needed as evidence; and
* confer with the government's attorney.

Twelve other states have adopted this constitutional change.

Who could possibly be opposed to crime victims? This is opposed by both the ACLU and conservative publications like Real Clear Policy.

If someone accuses me of rape or an assault, the whole purpose of a criminal trial is to determine whether the accuser is actually a crime victim. As noted in Real Clear Policy,

"While considerate treatment of victims is important, and it can make sense to take steps to assure them (e.g.) better notice of proceedings and return of their lost property, it is dangerous to let the conduct and timing of criminal process itself depend too much on their wishes. Interests of evenhanded justice counsel against letting patterns of conviction and punishment depend too much on whether the complainant in any particular case is angry, energetic, articulate, or for that matter present at all. The function of criminal prosecution cannot be to validate the victim’s suffering. It must instead be to ascertain the truth as best as possible and impartially carry out the legal consequences on the guilty.

"In short, there are very good reasons why the Framers included in the Constitution and Bill of Rights many protections for criminal defendants, but relatively few for victims. We forget that wisdom at our peril."

Of course, this measure will pass overwhelmingly. Then it will create bottlenecks in our courts.