Those charged with crimes have rights guaranteed under the U.S. Constitution, such as the right to a speedy trial, an attorney, and an impartial jury. While federal and state governments grant crime victims certain legal rights, they have not been enforced with the same consistency as criminal defendants’ rights. Marsy’s Law aims to change that.
What Is Marsy’s Law?
Marsy’s Law is an amendment to the Nevada state constitution approved by voters in 2018. It guarantees victims of crimes certain rights and protections and makes it easier for them to hold government entities accountable for not enforcing their rights.
The law is named after Marsalee Nicholas, who was killed by her boyfriend in 1983. Just a week after her murder, Marsy’s mother was confronted by the accused murderer. He had been released back into the community on bail without notifying the family. Marsy’s brother, Henry Nicholas, has been a strong supporter of the legislation. In 2008, California formally adopted Marsy’s Law into the state constitution.
Marsy’s Law ensures that victims are afforded the right to:
- Be treated in a dignified and respectful manner during the legal process
- Seek compensation from the defendant through a civil lawsuit
- Reasonable protection from the defendant
- Be notified of hearings and court rulings
- Have a voice during legal proceedings
Along with California and Nevada, the law has been adopted in Florida, Georgia, Illinois, Kentucky, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin.
Why Are People Against Marsy’s Law?
While the goal of the law is to ensure that victims are treated fairly, the proposal has faced challenges. The law’s wording is not precise, and state governments have struggled to implement some of the rights. For example, who counts as a victim that must be notified of hearings or court decisions? Does this include extended family members? And how are they provided notice?
There are also concerns that placing defendants and victims on equal ground could undermine the criminal justice process. If the new protections guaranteed to victims conflict with the defendant’s constitutional rights, whose rights would be violated? Presumed innocence is an essential part of American criminal law that Marsy’s Law can be interpreted to violate.
Does Marsy’s Law Apply to Civil Cases?
Marsy’s Law is mainly about the criminal justice system. However, it allows crime victims to hold federal and state governments liable in civil court if they don’t properly enforce the constitutional protections afforded to victims. It also gives victims the right to seek restitution from defendants in civil court.
What Are Victims’ Rights in Nevada?
In Nevada, crime victims are entitled to benefits beyond Marsy’s Law, as outlined in the Nevada Victims’ Bill of Rights enacted in 1983. Victims have the right to:
- Know the status of their case
- Know when the defendant is released on bail or from prison
- Be free from intimidation
- Seek compensation, if applicable
Contact a Las Vegas Criminal Defense Attorney Today
If you have been charged with a crime in Las Vegas, you deserve an experienced attorney who can protect your rights and fight the charges against you. Contact the Nevada criminal defense lawyers at Adras & Altig, Attorneys at Law today for more information on how Marsy’s Law may apply in your case.
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Our first prize winner, Shane Christensen, attends Llano High School in a small rural Texas town. His essay discusses how neighborhoods coming together is essential to prevent crime. Christensen explains how his town struggles with a methamphetamine epidemic, where he even sees his fellow high schoolers abusing drugs. He believes his town would benefit from a neighborhood watch group to combat this particular issue. “Communication between citizens and the law is the key to cracking down on certain problems in a society,” he explains. Christensen also states that funding should be provided to establish better lighting and cleanup throughout the town, as drug use and dealing runs rampant in the dark of night. He believes that through these methods, his town will be able to stop the production and distribution of drugs, as well as provide more safety for residents.
Second place is Steven Daley at Arizona State University, who addresses the circumstances that may lead some people to commit crimes. As he explains, “When people are unable to afford basic goods and services, they are more likely to meet their basic needs by committing crimes that give them the funds they need.” Daley believes that the way to prevent crime is to invest in services that can assist the needy with low-cost food, housing, transportation, medical treatment, and other essential goods and services. By ensuring people have the means to succeed and be gainfully employed, the need for many types of crimes will decrease.
Kiki Olafimihan, who attends Western New England University, sees the solution as requiring cooperation from many levels of society. This begins on a grassroots level to provide resources to the community and misguided youth. She also explains how cleaning up the community can help prevent vandalism, as a clean environment is less welcoming to crime. Olafimihan then states that there must also be involvement from the government level. The consequences of a criminal record frequently keep people from getting back on their feet, and they instead fall back into the cycle of crime. She explains, “Recognizing the unfairness of restricting relief to those without the means to financially fulfill certain obligations may prevent a recurrence of crime in the community.”