Marcy's Law: Victims' Right To File Motions

Marsy's Law seeks to give crime victims meaningful and enforceable constitutional rights equal to the rights of the accused. It clarifies that crime victims have standing to enforce their rights via motions and appellate review. It does not, however, give victims the ability to control the criminal case or appeal acquittals. Under Marsy's Law, victims' attorneys have standing to file motions to address victims' rights issues. Prosecutors may also be asked to file motions on behalf of victims to protect their rights.

Victims' attorneys can file motions to address victims' rights issues

In the United States, victims' attorneys can file motions to address victims' rights issues. Marcy's Law, also known as Amendment 6 of the Florida Constitution, grants victims of crime the right to file motions and seek appellate review to protect and enforce their rights. This law expands the definition of "victim" beyond natural persons to include companies or corporations. Victims' attorneys can address issues such as the right to privacy, the right to be present in the courtroom, and the right to object to unreasonable delays.

Victims' attorneys can also address the right to be treated with fairness, dignity, and respect, as outlined in the Victims' Rights Act. This includes ensuring that victims receive timely notifications about arrests, court dates, and the release of perpetrators from jail. Additionally, victims have the right to confer with the attorney for the government and seek restitution.

In some states, such as California, victims have the right to request information about the arrest and charges filed against the defendant. They can also choose whether to speak with the defendant's lawyer and provide information during sentencing. Similar rights are provided under Michigan law, where victims have privacy rights and the right to be reasonably protected from the defendant throughout the criminal justice process.

It is important to note that while victims' attorneys can file motions, they cannot control the criminal case or appeal acquittals on behalf of the victim. The ability to file motions simply reinforces victims' rights to protect and enforce their rights during the legal process.

Victims can refuse interview/deposition requests by the defendant

In the United States, Marsy's Law grants victims of crimes the right to refuse an interview or deposition request by the defendant. The law, which has been enacted in several states including Arizona, Ohio, and Florida, provides victims with standing to enforce their rights through motions and appellate review.

Under Marsy's Law, victims have the right to refuse to participate in an interview or deposition requested by the defendant or the defendant's attorney. This means that victims cannot be forced to answer questions or provide information if they do not wish to do so. The law also allows victims to terminate an interview at any time or refuse to answer specific questions during the interview.

In Arizona, for example, the law states that the defendant or their attorney must initiate contact with the victim through the prosecutor's office. The prosecutor's office will then inform the victim of the defendant's request for an interview and advise the victim of their right to refuse. Similarly, in Ohio, Marsy's Law grants victims the right to refuse an interview, deposition, or other discovery requests by the accused, except as provided by the state's constitution.

Victims who choose to participate in an interview or deposition have certain rights and protections under Marsy's Law. For example, victims can request to have their attorney or another support person present during the interview or deposition. They can also ask for breaks at any time and can refuse to answer questions that make them feel uncomfortable or endangered. It is important to note that victims must still answer truthfully and provide factual information during these proceedings.

Additionally, Marsy's Law provides victims with the right to privacy and confidentiality. This includes protecting the victim's personal information, such as their address, telephone number, and other confidential details. Victims can also request that certain questions or responses be sealed or removed from the public record to protect their privacy.

Victims have a right to privacy and confidentiality

Under Marsy's Law, victims have the right to privacy and confidentiality. This includes the right to prevent the disclosure of information or records that could be used to locate or harass the victim or their family, or which could disclose confidential or privileged information about the victim. This right is provided for in the laws of several states, including Florida, North Dakota, and California.

In Florida, Amendment 6 (Marsy's Law) of the Florida Constitution, Section 16, Article 1, specifically exempts victims of crime from the disclosure of personal information. This includes information such as the victim's home or employment address, telephone number, and personal assets. This exemption applies to victims of sexual battery, aggravated child abuse, stalking, harassment, aggravated battery, and domestic violence. Additionally, Marsy's Law in Florida allows victims to hire an attorney to represent them and appear in court for important court dates, including the initial bond hearing and trial.

In North Dakota, Marsy's Law grants victims the right to privacy and to be treated with fairness and respect, free from harassment and abuse. Victims in North Dakota also have the right to prevent the disclosure of information or records that could be used to locate or harass them or their family, or which disclose confidential information.

Similarly, in California, Marsy's Law provides victims with the right to be treated with fairness and respect for their privacy and dignity, and to be free from intimidation, harassment, and abuse throughout the criminal or juvenile justice process. Victims in California also have the right to prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or their family or disclose confidential communications made during medical or counseling treatment.

Marsy's Law also grants victims the ability to file motions to protect and enforce their rights. This means that victims can take legal action to ensure that their rights to privacy and confidentiality are respected and upheld throughout the criminal justice process. Overall, Marsy's Law provides important protections for victims' privacy and confidentiality, ensuring that they are treated with dignity and respect during the legal process.

Victims can be notified of and present at public proceedings

Marsy's Law gives victims of crimes the right to be notified of and present at public proceedings. This includes the right to be heard in public proceedings involving release, plea, sentencing, disposition, or parole, or in any proceeding that implicates a Marsy's Law right.

Prosecutors are required, upon request, to notify victims of all public proceedings. They may also be asked to file motions on behalf of victims to protect their rights to be present in the courtroom. This includes the right to address the court and to object to unreasonable delays. Courts should permit victim presence at all public proceedings, regardless of separation of witness orders.

Post-conviction entities, such as parole hearings, are also required to notify victims of public hearings and to allow them to be present. Victims have the right to give victim impact statements at sentencing and parole hearings. This includes the right to be heard, but not necessarily believed, as the court remains free to determine that an individual is not a victim.

Victims' attorneys will have standing to file motions to address victims' rights issues, and prosecutors will be required to file motions upon request to address these issues. This includes the right to be treated with fairness, dignity, and respect, as well as the right to privacy and safety for the victim and their family.

Victims can seek restitution from the convicted wrongdoer

In the United States, victims of corporate misconduct have traditionally relied on civil litigation to seek compensation from the wrongdoers. However, when corporate misconduct rises to the level of a crime, and a conviction is secured, victims can seek restitution as part of the defendant's criminal sentence. This is a more attractive option for victims as it is generally quicker and less expensive than civil litigation.

Restitution is different from fines because fines are punitive, while restitution is compensatory. It is a way to hold a defendant directly accountable for the consequences of their actions. A victim does not need to ask for restitution, but they can seek it on their own behalf if the government fails to initiate or pursue restitution claims for them. A judge must consider ordering restitution in a plea bargain or a post-conviction sentence and may need to state their reasoning if they decide not to order it.

The restitution amount is based on the defendant's ability to pay, the circumstances surrounding the offense, the losses of the victim, the financial benefit gained by the defendant from the crime, and the financial burdens faced by the victim and anyone else affected by the crime. The restitution amount may be reduced if there is a settlement for the amount of the victim's losses, to avoid double recovery. The restitution may be paid in installments if the defendant has limited resources.

In federal court, a convicted offender may be ordered to reimburse victims for financial losses incurred due to the offender's crime. This reimbursement may cover lost income, property damage, counseling, medical expenses, funeral costs, or other financial costs directly related to the crime. It is important to note that some financial losses are not eligible for restitution, such as state or federal taxes, interest, penalties, fines, and certain legal expenses.

Frequently asked questions