Marcy’s Law

Marsy’s Law is a constitutional amendment that was designed to provide specific rights to crime victims. It was named after Marsalee “Marsy” Nicholas, a California college student who was stalked and killed by her ex-boyfriend in 1983. Following her death, her family was confronted by the accused murderer in a grocery store, not knowing he had been released on bail. This incident highlighted the lack of rights and protections for victims and their families in the criminal justice system.

Marsy’s Law has been adopted in several states, including Florida. In Florida, Marsy’s Law was passed in 2018 as Amendment 6 to the Florida Constitution. The law provides a range of rights to victims, including:

1. The right to due process and to be treated with fairness and respect.
2. The right to be protected from the accused.
3. The right to have their safety considered when bail is set.
4. The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family.
5. The right to restitution.
6. The right to be informed about the accused’s custody status and any release or escape.
7. The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of the victim is implicated.

To comply with Marsy’s Law in Florida, law enforcement agencies must:

1. Inform Victims of Their Rights: Whenever law enforcement contacts a victim, they must provide them with information about their rights under Marsy’s Law.
2. Protect Victim’s Information: Law enforcement agencies must ensure that they do not disclose information that can be used to locate or harass the victim or their family, unless it’s necessary for law enforcement purposes.
3. Notification: Victims have the right to be informed about the accused’s custody status, any release, or escape. This means that law enforcement agencies must have a system in place to notify victims promptly.
4. Input in Release Decisions: Victims have the right to be heard in any public proceeding involving the release of the accused. This means that law enforcement and the courts must provide an opportunity for victims to be heard before making decisions about bail or other forms of release.
5. Training: Law enforcement agencies should provide training to their officers and staff about Marsy’s Law and how to ensure compliance.
6. Collaboration with Victim Advocates: Many law enforcement agencies work closely with victim advocates to ensure that victims are provided with the support and resources they need.
7. Restitution: If ordered by the court, law enforcement agencies may be involved in ensuring that victims receive restitution from the accused.

It’s worth noting that while Marsy’s Law provides important rights to victims, it has also raised concerns among some stakeholders about the potential impact on the rights of the accused. Balancing the rights of victims with the constitutional rights of the accused is a complex issue that continues to be discussed and debated.