
Marsy’s Law, designed to give crime victims the same constitutionally protected rights as the accused and convicted passed in Kentucky with 63 percent of the votes Tuesday night.
Marsy’s Law grants crime victims certain rights protected under the state’s constitution, including the right to be treated fairly, the right to confer with the prosecution, the right to attend key court proceedings, and restitution.
The law was named after a California woman killed by her ex-boyfriend.
Legal experts have stated that Marsy’s Law also has its downfalls.
While Kentucky can still pass specific statutes that interpret this law, it will likely make the victims’ rights more expansive. The issue lies in the question of, “what’s a victim?”
A victim can range from a person involved in a no insurance case or a DUI to “obvious” victims involved in murder, assault, and rape. It would be up to the state and/or judge to determine who falls into the victim category at the beginning stages of the case.
Some critics say forcing the court to establish a victim early on could be argued as going against the defendant’s presumption of innocence.
Many have maintained Kentucky already has laws in place to protect crime victims.
Marsy’s Law promises to help support victims and give them more rights, but critics have argued it fails to provide details on how to accomplish that. There are no funding sources provided within the language of the law or available to help provide support for victims.
To read more about why advocates support Marsy’s Law, click here.