With elections approaching in November, there are some important issues that will soon be in the hands of the general public. Voters will not only be casting ballots for their presidential choice but their votes on other issues will have a huge impact on their family, friends, and neighbors. One is dear to my own heart and is scheduled to be on the ballet in my home state of Montana: Marsy’s Law for All. "Marsy's Law" is a piece of legislation that aims to provide equal rights to victims of violent crimes.
The United States constitution has established rights that protect those accused of a crime, as well as of those who are convicted. Unfortunately these rights do not protect those who are the victims. Many people think the prosecutors, advocates and judges, will do the “right” thing under all circumstances. People assume that everyone in the Justice System will act in a caring manner towards all victims. Unfortunately this is not always the case, and the effects of that systemic insensitivity can be have detrimental.
But, the creators of Marsy’s Law recognized that the only way for the US Justice System to be held accountable for their responsibilities to victims was to ask voters to guarantee that their government is accountable was to develop and support a victim’s bill of rights. The goal of the proposed legislation is to give the victims of violent crimes (According to the Federal Bureau of Investigation (FBI) there are four types of violent crimes
: murder, forcible rape, robbery, and aggravated assault.) and their families the rights that were already afforded to the accused and convicted. Thus far Marsy’s Law for All has been adopted into many state constitutions across the country, including California and Illinois. However there are still 18 states remaining whose state constitutions have no enumerated rights for victims of violent crimes. While each state law has varied wording and provisions, the fundamental purpose of each state's version of Marsy's Law remains the same.The fundamental purpose behind Marsy’s Law for All is to give victims and their families equal constitutional rights.
1. The right to be treated with courtesy, fairness and respect for their dignity and privacy throughout the criminal justice proceedings.
2. The right to receive information about their rights and the services available to crime victims.
3. The right to receive timely notification of proceedings and other major developments in their case.
4. The right to receive timely notification of changes to the offenders’ custodial status.
5. The right to be present at court proceedings. The right to provide input to the prosecutor before the plea agreement is finalized.
6. The right to be heard at plea or sentencing proceedings or any process that may result in the offender’s release.
7. The right to restitution.
Marsy’s Law for All is not a partisan issue, it is a fundamental human rights issue. The victim should have the same rights as the accused, no more or no less. Please read Marsy’s story to learn more about the pain and suffering that accompanies the typical victim and their family’s journey through our country's judicial process.
All information was gathered from: http://marsyslaw.us/
