California passage of Proposition 9 shows broad support for victims’ rights Commentary
California passage of Proposition 9 shows broad support for victims’ rights
Edited by:

Jack Reilley [Chair, Friends of Marsy's Law]: "Proposition 9 passed by 53.5 percent and over five million voters said YES. It was a huge win because Prop 9 was opposed by all major California newspapers, many of the major television and radio station personalities, the Democrat Party, the teacher unions, the firefighter unions, organized labor, the ACLU and a variety of criminal rights groups. Most District Attorney's took a "no position" stand but privately opposed the initiative. Police and Sheriff organizations generally supported Prop 9.

There was scant money spent to promote Prop 9 during the campaign. Our opponents are angry that they were defeated and will surely initiate lawsuits and will build up bureaucratic obstacles to implementation.

Prop 9 was developed and put on the ballot for victims of violent crime. This was the only recourse since the state legislature would not respond to victim pleas for fairness in the criminal justice process. Victim rights initiatives began in the 1980s, with Prop 9 as the latest. Voters have always supported victims rights and strong anti-criminal initiatives.

Prop 9 provides constitutional and enforceable victim rights in the investigative, plea, bail, pre and post trial decisions, and also during sentencing and parole processes. Victims cannot be excluded from decisions concerning their case and welfare. Victim's personal lives are protected from unwarranted defense attorney actions.

Prop 9 will prevent the legislature from emptying prisons to balance the budget or relieve overcrowding. This is the main point of contention publicly expressed by the opposition.

Prop 9 will alter the frequency of parole hearings. The Parole Commissioners can decide to delay parole hearing for unrepentant prisoners for various periods of up to 15 years. This is a major win for victims who have to relive the agony of repeated parole hearings for unrepentant prisoners.

All victim initiatives are unsuccessfully challenged in court. Victims are gearing up now to enforce our Prop 9 rights throughout the criminal justice system."

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.
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