Kara Sears
Marsy's Law, also known as the California Victims' Bill of Rights Act of 2008, was created to provide an equal voice for crime victims through meaningful and enforceable constitutional rights. The law was named after Marsy Nicholas, who was stalked and murdered by her ex-boyfriend in 1983. Shortly after her murder, Marsy's family encountered her ex-boyfriend at a grocery store, as he had been released on bail. The law seeks to protect the rights of crime victims and ensure that they are treated with fairness, respect, and dignity throughout the criminal justice process. Since its passage in California, Marsy's Law has been approved by voters in several other states, with ongoing efforts to expand its reach across the United States.
| Characteristics | Values |
|---|---|
| Purpose | To provide an equal voice for crime victims through meaningful and enforceable constitutional rights |
| Named After | Marsy Nicholas (Marsalee "Marsy" Ann Nicholas), a University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983 |
| Initiated By | Dr. Henry T. Nicholas III, Marsy's brother |
| Initiated In | California |
| Year | Passed in November 2008 |
| Type | Proposition 9, The California Victims' Bill of Rights Act of 2008: Marsy's Law |
| Rights Granted | Legal standing, protection from the defendant, notification of all court proceedings, restitution, and expanded parole board powers to deny inmates parole |
| States Approved | Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Ohio, Oklahoma, Wisconsin, North Dakota, South Dakota, Pennsylvania |
| States With Efforts Underway | Idaho, Tennessee, Iowa, Maine, Mississippi, New Hampshire |
| Total States Adopted | 12 as of May 2025 |
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What You'll Learn
The story of Marsy Nicholas
Marsy Nicholas, born Marsalee Ann Nicholas, was born on March 6, 1962, in Cincinnati, Ohio. A few years after her birth, Marsy, her mother Marcella, and her brother Henry moved to California. In 1967, her mother married television writer Robert Leach, and the family settled in Malibu.
Marsy was a talented artist and horseback rider, winning art contests from second grade through to her senior year of high school. She also qualified as the top junior English rider in Los Angeles County and won the Kentucky Equestrian over Fences Championship at the age of twelve.
In 1983, Marsy entered the University of California, Santa Barbara (UCSB), with the goal of becoming a special education teacher. Outside of school, she worked as a fashion model and earned opportunities to model in London and Milan. She spent her junior year abroad in England at Richmond College.
On November 30, 1983, prior to her graduation, Marsy was stalked and murdered by her ex-boyfriend, Kerry Michael Conley. She was 21 years old. Conley shot her in the face with a shotgun, and she lived for four hours before passing away. Her brother Henry visited her in the hospital before she died, an episode that caused him nightmares for years.
Just one week after her murder and on the way home from the funeral service, Marsy's family stopped at a market to pick up groceries. There, in the checkout line, Marsy's mother Marcella was confronted by her daughter's murderer. The family had received no notification from the judicial system that the murderer had been released on bail just days after Marsy's murder. The experience of Marsy's family is a testament to the pain and suffering that family members of murder victims often endure.
It took two years for Marsy's murderer to be brought to justice. He was ultimately convicted and sentenced to life in prison with the possibility of parole in 17 years. The Nicholas family attended numerous parole hearings, which were a source of distress for them.
Marsy's brother, Dr. Henry T. Nicholas III, along with the rest of the Nicholas family, became the main organizers of the campaign to pass Marsy's Law. The law was named after Marsy and sought to provide equal rights for crime victims through enforceable constitutional rights. In late 2007, Nicholas convened a group of legal scholars and former prosecutors to draft and write the final version of the bill.
In November 2008, California voters passed Proposition 9, also known as the California Victims' Bill of Rights Act of 2008: Marsy's Law. The law amended the state constitution and various state laws to expand the legal rights of crime victims, restrict the early release of inmates, and change procedures for granting and revoking parole.
Since its passage in California, Marsy's Law has been approved by voters in numerous other states, including Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, and Ohio. Dr. Nicholas continues to lend his support to equal crime victims' rights efforts across the United States.
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The campaign for Marsy's Law
Marsy's Law is named after Marsalee (Marsy) Ann Nicholas, a University of California Santa Barbara student who was stalked and murdered by her ex-boyfriend in 1983. Just a week after her murder, Marsy's family encountered her murderer at a grocery store, as he had been released on bail. The courts and law enforcement had no obligation to inform Marsy's family of his release.
Since its passage in California, Marsy's Law has been approved by voters in several other states, including Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Ohio, and Wisconsin. The law has faced some opposition, with critics arguing that it restricts defendants' rights and harms victims by restricting their rights to discovery, depositions, and interviews. Despite this, the campaign for Marsy's Law continues to gain support, with ongoing efforts in several other states to pass similar legislation.
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The law's purpose
Marsy's Law was created to provide an equal voice for crime victims through meaningful and enforceable constitutional rights. The law is named after Marsy Nicholas, a University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983. Shortly after her murder, Marsy's family encountered her murderer at a grocery store, as he had been released on bail and the family had received no notification from the judicial system.
The law seeks to protect and expand the legal rights of victims of crime, including the right to legal standing, protection from the defendant, notification of all court proceedings, restitution, and granting parole boards greater powers to deny inmates parole. It also restricts the early release of inmates and changes the procedures for granting and revoking parole. The law was first passed in California in 2008 and has since been approved by voters in several other states, including Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Ohio, and Wisconsin.
The campaign to pass Marsy's Law was primarily organized by the Nicholas family, with Henry Nicholas, Marsy's brother, as the main sponsor and leader of the initiative. The law has faced opposition from major newspapers in California and critics who argue that it unconstitutionally restricts defendants' rights and harms victims by restricting their rights to discovery, depositions, and interviews. Despite this, Marsy's Law has received strong support from voters, with Californians sending a clear message that they want crime victims and their families to have guaranteed rights.
The purpose of Marsy's Law is to ensure that victims of crime have enforceable constitutional rights and are treated with fairness, respect, and dignity throughout the criminal justice process. It seeks to address the pain and suffering endured by families of murder victims, such as Marsy's family, who were confronted by her murderer shortly after her death due to a lack of obligation on the part of the courts and law enforcement to keep them informed.
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The law's passage in California
Marsy's Law was enacted by California voters as Proposition 9 in the November 2008 general election. The law is named after Marsalee (Marsy) Ann Nicholas, a University of California Santa Barbara student who was stalked and murdered by her ex-boyfriend in 1983. The law was led and sponsored by Marsy's brother, Dr. Henry T. Nicholas III, and it amended the state's constitution and certain penal code sections to expand the legal rights of crime victims.
The California Victims' Bill of Rights Act of 2008, also known as Marsy's Law, became the most comprehensive Constitutional victims' rights law in the U.S. at the time. It granted 17 rights to victims in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, restitution, and the right to be treated with fairness and respect for their privacy and dignity. The law also amended California Penal Code sections 3041.5 and 3043 regarding lifer Parole Suitability Hearings.
The passage of Marsy's Law in California was significant as it put the state at the forefront of the national victims' rights movement. The law was opposed by nearly every major newspaper in California, yet it passed with 54% of the vote, demonstrating the people of California's desire to guarantee rights for crime victims and their families.
Since its passage in California, Marsy's Law has been approved by voters in several other states, including Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Ohio, Oklahoma, North Dakota, South Dakota, and Wisconsin. Efforts to pass similar laws are underway in other states as well, with the goal of providing equal rights for crime victims across the country.
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The law's expansion across the U.S
Marsy's Law was created to provide an equal voice for crime victims through meaningful and enforceable constitutional rights. The law is named after Marsy Nicholas, a University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983. Marsy's family had an unpleasant encounter with her murderer, who had been released on bail shortly after her murder. The courts and law enforcement had no obligation to keep the family informed.
The law was first passed in California in November 2008, as Proposition 9, or the California Victims' Bill of Rights Act of 2008. It amended the state constitution and various state laws to expand the legal rights of crime victims, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution. It also granted parole boards greater powers to deny inmates parole and restrict their early release.
Since its passage in California, Marsy's Law has been approved by voters in several other states, including Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Ohio, Oklahoma, and Wisconsin. The law has faced some opposition and criticism, with some arguing that it unconstitutionally restricts defendants' rights and harms victims by restricting their rights to discovery, depositions, and interviews. However, it has gained widespread support, with voters approving it by a margin of 53.8% to 46.2% in California.
As of 2024, 12 states had adopted Marsy's Law, with ongoing efforts in several other states, including Idaho, Iowa, Maine, Mississippi, New Hampshire, and Tennessee. The law has faced legal challenges in some states, with courts in Kentucky, Montana, and Pennsylvania overturning the ballot measures. However, Kentucky voters approved a second Marsy's Law in 2020. The law's expansion across the U.S. has been supported by organizations such as Marsy's Law for All, founded by Dr. Henry Nicholas, Marsy's brother, in 2009. The organization has provided financial support for ballot measures and advocated for the law's passage nationwide.
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Frequently asked questions
Marsy's Law was created to provide an equal voice for crime victims through meaningful and enforceable constitutional rights.
Marsy's Law was named after Marsy Nicholas, a University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983.
The initiative led to the creation of Proposition 9, The California Victims' Bill of Rights Act of 2008: Marsy's Law, which amended the state constitution and various state laws to expand the legal rights of crime victims.
