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Case Analysis: Victims' Rights and Marsy's Law

Author: Sophia

what's covered

In this lesson, you will use the case of Marsy Nicholas to see how victims’ rights extend to a survivor’s family. Specifically, this lesson will cover:

1. Rolling Hills PD Explores Marsy’s Law
- 1a. Case of the Forgotten Family
- 1b. Debrief

1. Rolling Hills PD Explores Marsy’s Law

Victims’ rights have evolved significantly over the years, aiming to ensure that victims of crimes are treated with fairness, respect, and dignity. Historically, the criminal justice system focused primarily on the rights of the accused, which often left victims and their families feeling powerless. This led to the movement for victims’ rights in the late 20th century, which brought about significant changes in laws and policies.

One of the most notable advancements in victims’ rights is Marsy’s Law. Named after Marsy Nicholas, a college student who was tragically murdered in 1983, Marsy’s Law seeks to provide victims with rights equal to those of the accused. Marsy’s family, led by her brother Henry Nicholas, spearheaded the campaign for this law after experiencing firsthand the lack of information and support available to victims. Just a week after Marsy’s death, her family encountered her accused murderer in a grocery store, unaware that he had been released on bail.

hint

This shocking experience highlighted the need for better communication and protection for victims.

Marsy’s Law has been adopted in several states across the United States, including California (the first state to pass Marsy’s Law in 2008), Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin. Marsy’s Law was initially passed but later overturned in Montana and Pennsylvania due to constitutional challenges.

Marsy’s Law includes several key provisions designed to protect and empower victims. These provisions ensure that victims are informed of their rights, notified of important proceedings and developments in their cases, and given a voice in the criminal justice process.

EXAMPLE

One of the provisions of the law indicates that victims have the right to be present at court hearings, to be heard during sentencing, and to receive restitution from the offender.

Additionally, Marsy’s Law aims to protect victims from harassment and intimidation by allowing them to request protective orders and to be notified of the release or escape of the accused.

Click on the plus sign to review some of the criticisms of Marsy’s Law.

Marsy’s Law, while aimed at protecting victims’ rights, has faced several criticisms. Critics argue that it can undermine the rights of the accused and disrupt the balance of the criminal justice system. Here are some of the main criticisms:

Due Process Concerns:

Critics claim that Marsy’s Law can infringe on the due process rights of defendants. For example, it allows victims to refuse interviews, depositions, or discovery requests from the defense, which can hinder the defense’s ability to prepare a case.

Potential for Wrongful Convictions:

By restricting access to certain information and evidence, Marsy’s Law may increase the risk of wrongful convictions. Defendants might not have access to all the evidence that could prove their innocence.

Ambiguity in Definition:

The law often defines a “victim” broadly, which can include individuals who have not been directly harmed or those involved in cases where the accused has not yet been proven guilty. This can lead to complications and potential misuse of the law.

Administrative and Financial Burdens:

Implementing Marsy’s Law can be costly and administratively challenging for states. Ensuring that all victims are notified and their rights are upheld requires significant resources.

Impact on Legal Proceedings:

The law can lead to delays in legal proceedings, as courts must ensure that victims’ rights are fully respected, which can complicate and prolong the judicial process.

Alicia Henson and Professor Kang Sang Joon are back to review landmark cases and explain the evolution of the criminal justice system for some overtime. In this next case, they will review how victims’ rights were impacted by the passing of Marsy’s Law.

CONVERSATION BETWEEN COWORKERS

"Hi, again, Joon. I want to warn you that the case we’re about to explore today is pretty tragic."

"Alicia, I have seen my share of tragedy, unfortunately. Murder cases are always difficult to dive into, so let’s make sure that we focus on how the victim’s family used their experience to fight for victims’ rights across the country."

"Yes, this is a landmark case that is really centered on communication and how to ensure that those who have been impacted by a crime are treated with dignity."

"Hi, again, Joon. I want to warn you that the case we’re about to explore today is pretty tragic."
"Alicia, I have seen my share of tragedy, unfortunately. Murder cases are always difficult to dive into, so let’s make sure that we focus on how the victim’s family used their experience to fight for victims’ rights across the country."
"Yes, this is a landmark case that is really centered on communication and how to ensure that those who have been impacted by a crime are treated with dignity."

1a. Case of the Forgotten Family

Watch and listen as Detective Henson and Professor Joon investigate the case of the forgotten family:

watch

1b. Debrief

Let’s look at why Detective Henson and Professor Joon think this story illustrates how Marsy’s Law increased victims’ rights.

CONVERSATION BETWEEN COWORKERS

"The experience of Marsy’s family is typical of the pain and suffering family members of murder victims so often endure."

"The implementation of Marsy’s Law has had a profound impact on the evolution of victims’ rights. By codifying these rights into state constitutions, Marsy’s Law has elevated the status of victims within the legal system, ensuring that their needs and concerns are addressed more effectively."

"This law has been adopted in several states across the United States, each tailoring the provisions to fit their specific legal frameworks."

"The widespread adoption of Marsy’s Law reflects a growing recognition of the importance of balancing the rights of the accused with the rights of victims."

"There are some criticisms of the law, like how it might impact due process rights of defendants, but overall, Marsy’s Law represents a significant step forward in the ongoing effort to enhance victims’ rights."

"By providing victims with clear, enforceable rights, this law helps to ensure that they are treated with the respect and dignity they deserve."

"The experience of Marsy’s family is typical of the pain and suffering family members of murder victims so often endure."
"The implementation of Marsy’s Law has had a profound impact on the evolution of victims’ rights. By codifying these rights into state constitutions, Marsy’s Law has elevated the status of victims within the legal system, ensuring that their needs and concerns are addressed more effectively."
"This law has been adopted in several states across the United States, each tailoring the provisions to fit their specific legal frameworks." "The widespread adoption of Marsy’s Law reflects a growing recognition of the importance of balancing the rights of the accused with the rights of victims."
"There are some criticisms of the law, like how it might impact due process rights of defendants, but overall, Marsy’s Law represents a significant step forward in the ongoing effort to enhance victims’ rights."
"By providing victims with clear, enforceable rights, this law helps to ensure that they are treated with the respect and dignity they deserve."

learn more

Read more about Marsy’s Law for All.

summary

In this lesson, you saw how Rolling Hills PD explores Marsy’s Law, which expands victims’ rights. In the case of the forgotten family, you found that one family’s advocacy changed how victims and their families are treated across the country.

In the debrief, you looked at how Marsy’s Law has significantly advanced victims’ rights by embedding them into state constitutions, ensuring victims’ needs are addressed within the legal system by balancing the rights of the accused with those of victims. Despite some criticisms, Marsy’s Law is a major step forward in treating victims with the respect and dignity they deserve.

Source: THIS TUTORIAL WAS AUTHORED BY SOPHIA LEARNING. PLEASE SEE OUR TERMS OF USE.

REFERENCES

Blanchard-Wu, E. (2024). A right to reasonable protection under Marsy’s laws. The University of Chicago Law Review. lawreview.uchicago.edu/online-archive/right-reasonable-protection-under-marsys-laws#:~:text=California%20was%20the%20first%20state%20to%20enact%20a,Wisconsin%20have%20each%20enacted%20versions%20of%20Marsy%E2%80%99s%20Law

Gutbrod, E., & Yeack, H. (2022). Violence Against Women Act and Marsy’s Law. Case Western Reserve Social Justice Law Center Reporter, 2022(1), Article 12. lawreview.uchicago.edu/online-archive/right-reasonable-protection-under-marsys-laws#:~:text=California%20was%20the%20first%20state%20to%20enact%20a,Wisconsin%20have%20each%20enacted%20versions%20of%20Marsy%E2%80%99s%20Law

Marsy’s Law for All. (2015). Marsy’s law for all. Marsy’s Law. www.marsyslaw.us/

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Case Analysis: Victims' Rights and Marsy's Law

Table of Contents

1. Rolling Hills PD Explores Marsy’s Law

1a. Case of the Forgotten Family

1b. Debrief