Crime victims advocates, law enforcement leaders and numerous politicians have united in support of California Proposition 9, also called Marsy's Law. If approved by voters on the November ballot, the "Crime Victims' Bill of Rights Act of 2008" will provide crime victims with the same constitutional rights as accused and convicted criminals.
"California's constitution guarantees rights for the most heinous of offenders who commit deplorable acts against citizens of this State," said Harriet Salarno, President of Crime Victims United of California. "Prop. 9 levels the playing field by guaranteeing rights for crime victims, ending further victimization of innocent people by a system that frequently neglects, ignores and repeatedly punishes them. Further more, the provisions specifically related to parole will only affect 10% of the prison population -- lifers, the most heinous offender sin our prisons."
Proponents of the measure say California law makes victims' rights secondary to the rights of those accused and convicted of committing crimes. They argue that victim rights are statutory while the rights afforded criminals are constitutional.
"Too often in our criminal justice system, criminals accused and convicted of horrible crimes are provided more rights and respect than the victims of the crimes, said LaWanda Hawkins, who founded Justice for Murdered Children after the murder of her son Reggie in 1995. "Crime victims deserve better."
Prop. 9 will provide victims with rights to justice and due process through creation of a constitutional Crime Victims' Bill of Rights. The measure would require judges to consider the safety of the crime victim and his family when making bail decisions and notify victims when their offender is released. Victims would have to be given advance notification of parole hearings and would have the right to be heard. Victims would have to be notified and allowed to participate in certain criminal proceedings, including bail, plea bargaining, sentencing, appeals and parole. Victims would receive the constitutional right to prevent release of personal confidential information or records to criminal defendants.
"Marsy's Law will ensure no other crime victim will have to endure the pain that I have experienced when I came face to face with my daughter's killer at the grocery store when I thought he was behind bars because it requires victims to be informed at all times during the criminal justice process," said Marcella Leach, co-founder of Justice for Homicide Victims and mother of murder victim Marsy Nicholas for whom Prop. 9 is named.
On Friday: Will Marsy's Law Destroy Criminal Due Process?
