ORLANDO, Fla. – One in three Americans now live in a state with Marsy’s Law in their constitution, and Florida is one of those states. But what, exactly, is Marsy’s Law?
Floridians approved an amendment to the State Constitution on Nov. 6, 2018, which preserved a specific set of “clear, enforceable rights and protections for crime victims,” according to the State Attorney’s Office, First Judicial Circuit of Florida, which serves Lake, Marion and Sumter counties.
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The law is named after Marsalee (Marsy) Ann Nicholas, a University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983.
“Only one week after her murder and on the way home from the funeral service, Marsy’s family stopped at a market to pick up a loaf of bread. It was there, in the checkout line, that Marsy’s mother, Marcella, was confronted by her daughter’s murderer. Having received no notification from the judicial system, the family had no idea he had been released on bail mere days after Marsy’s murder,” read in part a statement on the Marsy’s Law website.
The law seeks to give crime victims meaningful and enforceable constitutional rights equal to the rights of the accused.
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In Florida, the Crime Victim’s Bill of Rights states that victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings. These rights cannot interfere with the constitutional rights of the accused and include:
- Notification of the arrest, release or escape of the accused, if possible
- Advance notice of all court proceedings, if time permits
- Information on steps concerning freedom from intimidation
- Notification of scheduling changes
- Opportunity to have a victim advocate present during depositions
- Assistance in obtaining the return of recovered property
- A prompt and timely disposition of the case
- Prompt notification of the results of court proceedings
- To be informed, present and heard, when relevant, at all criminal proceedings
- Assistance in obtaining a Crime Victim Compensation, restitution and other service to which you may be entitled
- Upon request, notification to your employer and/or school when you must appear in court
- Opportunity to submit an oral or written impact statement at the time of sentencing
According to Article I, Section 16 of the Florida Constitution, the law states, “The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.”
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