The effort to further the cause of justice always continues. This
November, voters will have the opportunity to codify into the State’s
constitution new rights and new protections for the most vulnerable
participants in the criminal justice system - the victims. All are
encouraged to vote yes on Issue One, Marsy’s Law.
This new act is
an update on the 1994 constitutional amendment which was supported by 77
percent of Ohio voters. Issue One deserves an equal margin of victory,
if not greater. It corrects deficiences in the earlier amendment. It
ensures that victims of crime will be included as a party to their case.
It provides for a legal recourse when victim’s rights are abridged. It
guarantees that crime victims and their family members can provide input
into plea bargains and can pursue financial restitution from the
offender when appropriate. It literally gives voice to the voiceless,
allowing those who are impacted the most from crime to have their say in
court and in any plea negotiations that may be occuring between a
prosecutor’s office and a defense attorney.
If a notice for a
hearing is not provided to a victim, there is currently no corrective
action required. Under current law, the victim is not a party to the
case and lacks legal standing to force a re-hearing. The issue is most
pertinent during sentencing. This is when victims finally have the
chance to tell their story - to express the physical, emotional and
financial consequences of being a victim, and any ongoing issues they
may still be enduring. Being present and having a voice at such hearings
has already resulted in judges weighing the sentences they hand down
more fully against the impact of the crime. This allows the victim to
receive even more of the justice they rightfully deserve.
The
amendment will not overly burden the court system. Victims already have
the right to be heard in court. Those courts that acknowledge the
victim’s rights under the 1994 amendment, as is the case here in Putnam
County, will see little change in their operations. The amendment also
does not infringe upon the rights of the individual who is innocent
until proven guilty. They will still be afforded all reasonable ability
to defend themselves. Those individuals will simply no longer be the
only ones whose rights are fully considered by the courts.
The
right to privacy and to be treated with respect, fairness and dignity.
The right to be heard. The right to not only be informed of an upcoming
hearing in a timely manner, but to be present for it if you so desire.
The right to reasonably protection from the accused. The right to
receive notice of any release on bond or escape. The right to
appropriate restitution from the convicted. The right to actually be
party to a case that wouldn’t exist without you - the victim.
It
can all be summarized with one word: justice. More often than not for
victims and their families, justice is all they seek. By voting yes on
issue one this November, voters can help all victims of crime achieve
the justice they deserve.