Alva Review-Courier -

State Question 794: Marsy’s Law

This state question was brought to the ballot after passing the legislature and after approval of the governor. This measure is part of a national effort to address rights of crime victims. This law would more equalize the rights of the victim with those of the accused.

The rights given the victim are as followed:

1. Expanding the court proceedings at which the victims have the right to be heard. The victim of a crime would be allowed to testify in the criminal hearing, trial, or sentencing phase of the criminal proceedings. This also would include parole hearings if appropriate.

2. Adding a right to reasonable protection. This would allow the victim or the victim’s family to be notified if the defendant is released on bail. It would also allow the victims to be notified if the convicted inmate is going to be considered for parole. They would also be notified if the convicted felon was going to be released from the department of corrections. It will not give the victims the right to know where the convicted felon is being held within the department of corrections.

3. Adding a right to proceedings free from unreasonable delay. Currently many criminal attorneys use delay tactics to help their defendant by moving the trials further and further from the time of the crime in hopes of minimizing public outcry. Marsy’s Law would decrease the time victims have to wait to have their day in court.

4. Adding a right to talk with the prosecutor. This would allow the victim, their family, or others affected by the crime to be kept aware of proceedings and charges (being placed on the suspect). It would allow victims to have input into the decision of charges (placed on the suspect). Currently victims have little to no input in trials or proceedings

5. Allowing victims to refuse interview requests from the defendant without a subpoena. This would protect those victims that would be afraid or intimidated by the defendant. This is a new protection for the victims. The level the playing field with the rights given the defendants in a legal proceedings.

6. Marsy’s Law would be applicable in both adult and juvenile proceedings.

This law is named after Marsy Nicholas who was killed by her ex-boyfriend. The family of Marsy was confronted by the ex-boyfriend a few days later after he had been released on bail. The family was not informed of the defendant’s release. Marsy’s brother has been the biggest supporter and contributor to seeing this law enacted.

If you have any questions about this or anything else please contact me. My email is [email protected], or call my office at 405-557-7339.