Search Results for ‘marsy's’

“Marsy’s Law” and crime victims’ rights

I’ve got a new piece at Real Clear Policy on the push to constitutionalize crime victims’ rights (“Marsy’s Law”). Excerpt:

Unfortunately, most versions of Marsy’s Law so far impinge on legitimate rights of criminal defendants, constitutionalize issues better left to resolution by judges or lawmakers, and create ongoing tension with the presumption of innocence. …

Interests of evenhanded justice counsel against letting patterns of conviction and punishment depend too much on whether the complainant in any particular case is angry, energetic, articulate, or for that matter present at all. The function of criminal prosecution cannot be to validate the victim’s suffering. It must instead be to ascertain the truth as best as possible and impartially carry out the legal consequences on the guilty.

In short, there are very good reasons why the Framers included in the Constitution and Bill of Rights many protections for criminal defendants, but relatively few for victims. We forget that wisdom at our peril.

Victim’s-rights law shields cops’ names after civilian shootings

A coordinated national campaign promotes enactment of Marsy’s Law, a set of victim’s rights enactments that have been added to state constitutions in many states. (Marsy’s Law amendments were on six state ballots this fall, and did well.) My colleague Roger Pilon testified in 1997 against a proposed federal constitutional amendment.

Now a South Dakota version of such a law is being used by police officers to conceal their identities from the public after a shooting by a police officer of a civilian who was subsequently charged with assaulting the trooper. Similar claims of confidentiality have been made under other states’ Marsy’s Laws to prevent disclosure of names of officers who have carried out shootings. [Scott Shackford, Reason]

More on the problems with victims’ rights laws from Scott Greenfield (“a right has been created for the ‘victim,’ which is curious since there is no victim until there’s a crime, and there is no crime until a jury says there is….many of these ‘rights’ are in direct conflict with some other guy’s rights in the well. Can you guess who that might be?”), Steve Chapman, Jill Lepore, and Sophie Quinton at StateLine, and my opinions against victim impact statements.

While we’re at it: Rules barring the interviewing of police soon after an officer-involved shooting (“cooling-off period”) impair, not advance, accurate investigation [Tom Jackman, Washington Post via Radley Balko] And via Justin Fenton of the Baltimore Sun, although the general rule in Maryland is that police officers on probationary status can be fired without internal due process, that rule applies except in instances of brutality allegations. Thanks a million, Law Enforcement Officers Bill of Rights (LEOBR)!