WHEREAS NACDL’s mission is to identify and reform flaws and inequities in the criminal legal system, being committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights. This uniquely positions NACDL to address and raise awareness on the impact of policies that will undermine and violate the constitutional rights of individuals who are accused of crime, including efforts such as Marsy’s Law;
WHEREAS Marsy’s Law is the colloquial name for the Victims’ Bill of Rights that bestows upon crime victims a vast array of often vague, difficult, and costly to administer rights -- including extensive notification, participation, privacy, and restitution provisions -- and enshrine them in state constitutions;
WHEREAS the definition of a victim under Marsy’s Law is too broad, often leading to abuses, including by corporations and municipalities who have claimed victimhood for the purposes of obtaining financial gain through restitution; and by law enforcement officials who have used Marsy’s Law to conceal their identity from the public in use-of-force incidents;
WHEREAS the expansion of who is considered a victim, the requirements to notify the victim of all proceedings, and the right of the victim to be heard and confer with the prosecution has overburdened local criminal legal systems; it has resulted in substantial delays at all stages of the criminal legal process, including delays in individuals being released in a timely manner from pre-trial detention and after their sentences;
WHEREAS the right to be heard has posed substantial challenges to the plea negotiation process, delaying or thwarting plea deals that are in the public’s interest;
WHEREAS the right of the victim to refuse to participate in interviews and discovery severely hampers the ability of defense attorneys to investigate the case;
WHEREAS Marsy’s Law has the propensity to adversely impact the outcomes of parole hearings, such as increasing the length of time between parole hearings, effectively increasing the time incarcerated;
WHEREAS restitution under Marsy’s Law has created untenable conditions for defendants, including impacting the financial health of their families and presenting barriers to successful re-entry after serving their sentences;
WHEREAS Marsy’s Law violates defendants’ due process rights, increases the potential for wrongful convictions, and undermines the principles of the U.S. criminal legal system;
WHEREAS the abuses of Marsy’s Law by corporations, municipalities, and by law enforcement erodes public trust in the criminal legal system, wastes limited resources, and undermines reform efforts to increase transparency and accountability in government;
WHEREAS efforts to revise Marsy’s Law to address concerns and mitigate some of the harms have fallen short;
THEREFORE, BE IT RESOLVED that NACDL opposes the adoption of Marsy’s Law, and urges the public and elected officials at all levels of government to oppose Marsy’s Law;
BE IT FURTHER RESOLVED that states that have already adopted Marsy’s Law should conduct cost analyses to determine the fiscal impact of the provisions.
