Voters in several states approve protections for crime victims News
Voters in several states approve protections for crime victims

Voters in Montana, North Dakota and South Dakota approved Marsy’s Law on Tuesday, adding rights for crime victims to their state constitutions. Montana’s measure [amendment, PDF] passed through with nearly 66 percent of the vote [poll]; North Dakota’s measure [amendment, PDF] passed with nearly 62 percent [poll] and South Dakota [amendment, PDF] with almost 60 percent approval [poll]. The amendments, which are similar in nature, provide rights to crime victims that are already afforded to the accused or convicted. Under Marsy’s Law [advocacy website], victims and their families will receive information regarding their rights and the services available to them. They also have the right to be receive notification of proceedings and any major developments in their criminal case, receive timely notifications of changes in the offender’s custody status, the right to be present at any and all court proceedings as well as provide their input to the prosecutor before any plea deal is finalized, the right to be heard at the sentencing or release proceedings, and finally the right to restitution. Although an overwhelming number of approvals in all three states, the opposing side all agreed that the amendment would eventually clog the legal system [article]. The North Dakota Legislative Council estimated the new requirements could cost up to $5.2 million to institute [fiscal report, PDF].

More than 30 other states have already approved Marsy’s Law, including California and Illinois. In Illinois it passed by 78 percent, which is the largest margin for any constitutional amendment since the state’s inception. In 2008 California passed an amendment based on Marsy’s Law mandating that inmates serve longer periods of time between parole hearings [JURIST report]. With the driving movement geared toward victim’s right in 2004 Congress passed the Crime Victim’s Rights Act [act] which officially documented the rights of the victim in the criminal justice system.

THIS DAY @ LAW

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