Keith Mack
Marsy's Law, a crime victim bill of rights, was voted to be incorporated into the Wisconsin state constitution in 2020. The law is named after Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Her brother has since lobbied to enact similar laws across the United States. The law has faced several legal challenges, with critics arguing that it was not properly submitted to voters and that it intrudes on the rights of the accused. However, in 2023, the Wisconsin Supreme Court ruled that the amendment was validly approved, upholding the measure. The court's decision stated that the referendum was properly worded and therefore legally adopted. This decision has been controversial, with critics arguing that it gives the legislature broad authority to present constitutional amendments and limits the degree of oversight that courts can exercise.
| Characteristics | Values |
|---|---|
| Aims | To expand and strengthen the rights of crime victims |
| Status | Ratified by voters in April 2020 |
| Amendment | Amends Section 9m to Article I of the Wisconsin Constitution |
| Rights | Be treated with dignity, respect, courtesy, sensitivity, and fairness; protection of information that could be used to determine the victim's location, allow for harassment, or discover confidential information; be notified of criminal proceedings and outcomes and of the release, escape, or death of the alleged criminal in a timely manner |
| Impact | May directly conflict with the constitutional rights of the defendant |
| Court Ruling | The Wisconsin Supreme Court ruled the amendment was validly approved in a 6-1 ruling |
| Named After | Marsy Nicholas, who was murdered by her former boyfriend in 1983 |
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What You'll Learn
Wisconsin Supreme Court upholds Marsy's Law
In a 6-1 ruling released on Tuesday, May 16, 2023, the Wisconsin Supreme Court upheld Marsy's Law, a statewide constitutional amendment approved by voters in 2020. The law outlines a list of rights for crime victims, including the right to be treated with dignity, respect, courtesy, sensitivity, and fairness. It also protects information that could be used to determine the victim's location or confidential information.
The decision rejected a challenge brought by the Wisconsin Justice Initiative, a criminal justice reform advocacy group, and others. They argued that the ballot question did not comply with state constitutional requirements and that it failed to inform voters of the amendment's impact on the accused. Specifically, they claimed that the ballot question did not "reasonably, intelligently, and fairly comprise or have reference to every essential of the amendment," and that it was misleading and encompassed more than one subject matter.
However, the Supreme Court disagreed, concluding that the referendum was properly worded and legally adopted. Justice Brian Hagedorn, writing for the majority, stated that the argument set forth by the plaintiffs sets a bar for constitutional amendment questions that does not exist in state law. He emphasized that the Wisconsin Constitution requires only that the legislature "submit" the proposed amendment to the people.
The court also cited Marsy's Law in overturning previous precedent that allowed criminal defendants to have a judge review the victim's privately held health records. This ruling affirmed that the amendment's adoption followed the process outlined in the Wisconsin Constitution, with two consecutive legislative sessions passing the proposed amendment before sending it to voters.
The Wisconsin Supreme Court's decision ensures that future generations of Wisconsinites affected by the criminal justice system will have access to strong victims' rights.
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The impact on defendants
Marsy's Law, enacted in Wisconsin in 2020, has introduced several challenges for defendants facing victim-involved charges. The law, which aims to enhance the rights of crime victims, has been the subject of debate among legal professionals, particularly those in criminal defense. While it is intended to provide victims with a stronger voice and more meaningful rights, some argue that it may impact the constitutional rights of defendants.
One of the key challenges for defendants is the potential conflict between the victim's right to a timely disposition of the case and the defendant's right to file pre-trial motions and challenge certain government actions. This dynamic can impact the litigation process and strategy for defense attorneys, who must advocate vigorously for their clients' rights.
The presence and input of victims during court proceedings is another area of impact. With the right to be present and heard, the emotional and psychological statements of victims can influence the perceptions of judges and juries. Defense attorneys must navigate this dynamic and account for the potential weight of victim testimony in their strategies. Additionally, the counsel for the victim may use pleadings in a criminal case to limit the information presented by the defense.
The right to restitution for victims, granted by Marsy's Law, allows them to seek compensation for losses. This can have financial implications for defendants, impacting plea negotiations and sentencing. Defense attorneys must assess these potential consequences and strategize to mitigate them.
The increased media attention on victims' rights and heightened public scrutiny of criminal cases also present unique challenges for defendants and their attorneys. As Marsy's Law continues to shape the criminal justice landscape in Wisconsin, defense attorneys must stay informed and adaptable to effectively advocate for their clients' rights and interests.
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The ballot question
The Wisconsin Marsy's Law Crime Victims Rights Amendment was on the ballot in Wisconsin as a legislatively referred constitutional amendment on April 7, 2020. It was approved by voters. The ballot measure amended Section 9m to Article I of the Wisconsin Constitution, which addresses the rights of crime victims. The language was modeled on Marsy's Law, a type of constitutional bill of rights for crime victims.
Despite these concerns, the Wisconsin Supreme Court rejected the challenge to Marsy's Law and ruled that it was properly enacted into law. The court's decision stated that the referendum was properly worded and legally adopted. The court concluded that the ballot question satisfied the requirements of the state constitution and upheld the validity of the amendment.
The impact of Marsy's Law on defendants' rights has been a point of contention. While proponents argue that increasing victims' rights does not impact defendants, critics suggest that there may be conflicts with defendants' constitutional rights. For example, the defendant's right to file pre-trial motions and challenge government actions may conflict with the victim's right to a timely disposition of the case.
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The victim's rights
The Victims' Rights
Marsy's Law in Wisconsin is a constitutional amendment that expands and strengthens the rights of crime victims. It was approved by voters in April 2020 and added to the state constitution as an amendment. The law is named after Marsy Nicholas, who was murdered by her former boyfriend in 1983. Her brother, Henry Nicholas, the co-founder of Broadcom Corp, has lobbied to enact similar laws across the country.
The law provides crime victims with specific constitutional rights, including the right to be treated with dignity, respect, courtesy, sensitivity, and fairness. It also protects the victim's information, such as location and confidential details, from being used to determine their location or allow for harassment. Victims also have the right to be notified of criminal proceedings, outcomes, and the release, escape, or death of the alleged criminal in a timely manner.
The Wisconsin Supreme Court has upheld Marsy's Law as a valid amendment, rejecting challenges that the ballot question was misleading or did not comply with state constitutional requirements. The court concluded that the referendum was properly worded and legally adopted, meeting the requirements of the state constitution.
However, there have been concerns raised about the impact of Marsy's Law on the rights of defendants. Critics argue that increasing the rights of victims may conflict with the constitutional rights of defendants, such as the right to file pre-trial motions and challenge government actions. The law's impact on the accused has been a point of contention, with some arguing that it intrudes on their rights. Nonetheless, the Wisconsin Supreme Court has maintained that Marsy's Law was validly enacted and provides victims with stronger rights and a stronger voice in the criminal justice system.
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The right to privacy
In 2020, Wisconsin voters approved a constitutional amendment, known as Marsy's Law, to expand the rights of crime victims. The law is named after Marsy Nicholas, who was murdered by her former boyfriend in 1983. Her former boyfriend, who was released on bail, confronted her family a week after her death, as her family was unaware of his release.
Marsy's Law provides crime victims with 16 additional rights, including the right to privacy. The right to privacy grants victims the right to keep their health records private and away from the defendant. In May 2023, the Wisconsin Supreme Court cited Marsy's Law in overturning 30 years of precedent that gave a criminal defendant the ability to have a judge review the victim's privately held, otherwise privileged health records.
While Marsy's Law aims to enhance support for victims, it has also introduced challenges for defense attorneys. Defense attorneys must navigate the potential emotional and psychological impact of victim statements on the accused. Additionally, the right to privacy may impact plea negotiations and sentencing, as victims can seek compensation for losses.
The constitutionality of Marsy's Law in Wisconsin has been challenged. In 2020, a Dane County judge ruled that the measure was improperly enacted and should be rescinded due to an inexact and misleading ballot question. However, in May 2023, the Wisconsin Supreme Court rejected this challenge, concluding that the referendum was properly worded and legally adopted. The Supreme Court of Wisconsin has agreed to review specific issues that could result in the invalidation of Marsy's Law.
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Frequently asked questions
Marsy's Law is a constitutional amendment that expands and strengthens the rights of crime victims. It is named after Marsy Nicholas, who was murdered by her former boyfriend in 1983.
Yes, the Wisconsin Supreme Court has upheld Marsy's Law as a valid constitutional amendment. The court rejected a challenge from the Wisconsin Justice Initiative, which argued that the ballot question did not comply with state constitutional requirements.
The Wisconsin Supreme Court ruled in a 6-1 decision that the amendment was validly approved and that it did not violate the constitutional prohibition on submitting multiple amendments as one.
Marsy's Law may impact the rights of defendants facing victim-involved charges. For example, the right to a timely disposition of the case may conflict with the defendant's right to file pre-trial motions and challenge certain actions of the government.
