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Monday
Oct282019

Soon

If *this* ::waves wildly from Maine to Hawaii with some extra nods towards the part of the United States commonly referred to as Puerto Rico:: hadn't already convinced you that it's time to show up for every single election, perhaps a little attention to an important issue will? Maybe?

Marsy's Law. It's on the ballot in Pennsylvania next week.

I know you've heard the radio commercials and probably, if you're like me, got frustrated quickly about the clear play to manipulate your emotions. That's a valid response to some of the shenanigans in those commercials. AND YET. There is some truth to the message - currently, in the Commonwealth of Pennsylvania, victims of violent crimes aren't given some very basic considerations. Marsy's Law would provide crime victims with 15 rights, including the right 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;
  • confer with the government's attorney; and
  • be informed of all rights granted by the amendment.
It's some pretty basic stuff, honestly. Several states have already passed Marsy's Law. That said, there is some opposition. It's generally centered on the method Marsy's Law has used to make a difference; not the actual goal of the legislation.
Anyway, go learn about it. And then vote for the side that common sense tells you that you should vote to support.
Just don't stay home on election day. That never ends well for anybody.

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Reader Comments (1)

Just a couple extra links from a friend in the justice field for your readers to look at and maybe consider voting No.
"When it comes to the ballot question, draw your attention to “right to refuse discovery requests made by the accused.” This has to do with the defense’s investigation into the alleged crime. To refuse discovery is to potentially refuse to provide evidence in a case. That’s a simplified explanation, but consider it."
"Next, consider “proceedings free from delay.” What does that actually mean? What could it mean? If the defense is building their case, but needs more time to receive records, conduct interviews and investigation (and see above re: discovery), will this impact postponements for the defense? Receiving discovery can take a LONG time."
"PA already has excellent laws around support and protections for victims of crimes. I encourage everyone to consider why we need a Constitutional Amendment for this vs. expanding the laws. A Constitutional Amendment will be extremely hard to change in PA if this is passed."
https://www.inquirer.com/opinion/editorials/marsys-law-pennsylvania-crime-victims-amendment-20190411.html?fbclid=IwAR3auRGozMeazKxHoBTr-Mad6xlRNqtRdtQwzuHzu6glFpZLwuJGrGcQw_M
and
https://www.orlandosentinel.com/opinion/editorials/os-op-marsys-law-victims-police-withhold-information-20190614-5c2fu7q66fh5fkhdkladldhiva-story.html?fbclid=IwAR0OAjt0r2dgkGkw3r89Ns2LhS-Gl1kbScvS5fUy6vKcJFch7-OI-Jf3bCg

October 29, 2019 | Unregistered CommenterAKuipers
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