Those charged with crimes have rights guaranteed under the U.S. Constitution, such as the right to a speedy trial, an attorney, and an impartial jury. While federal and state governments grant crime victims certain legal rights, they have not been enforced with the same consistency as criminal defendants’ rights. Marsy’s Law aims to change that.
What Is Marsy’s Law?
Marsy’s Law is an amendment to the Nevada state constitution approved by voters in 2018. It guarantees victims of crimes certain rights and protections and makes it easier for them to hold government entities accountable for not enforcing their rights.
The law is named after Marsalee Nicholas, who was killed by her boyfriend in 1983. Just a week after her murder, Marsy’s mother was confronted by the accused murderer. He had been released back into the community on bail without notifying the family. Marsy’s brother, Henry Nicholas, has been a strong supporter of the legislation. In 2008, California formally adopted Marsy’s Law into the state constitution.
Marsy’s Law ensures that victims are afforded the right to:
- Be treated in a dignified and respectful manner during the legal process
- Seek compensation from the defendant through a civil lawsuit
- Reasonable protection from the defendant
- Be notified of hearings and court rulings
- Have a voice during legal proceedings
Along with California and Nevada, the law has been adopted in Florida, Georgia, Illinois, Kentucky, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin.
Why Are People Against Marsy’s Law?
While the goal of the law is to ensure that victims are treated fairly, the proposal has faced challenges. The law’s wording is not precise, and state governments have struggled to implement some of the rights. For example, who counts as a victim that must be notified of hearings or court decisions? Does this include extended family members? And how are they provided notice?
There are also concerns that placing defendants and victims on equal ground could undermine the criminal justice process. If the new protections guaranteed to victims conflict with the defendant’s constitutional rights, whose rights would be violated? Presumed innocence is an essential part of American criminal law that Marsy’s Law can be interpreted to violate.
Does Marsy’s Law Apply to Civil Cases?
Marsy’s Law is mainly about the criminal justice system. However, it allows crime victims to hold federal and state governments liable in civil court if they don’t properly enforce the constitutional protections afforded to victims. It also gives victims the right to seek restitution from defendants in civil court.
What Are Victims’ Rights in Nevada?
In Nevada, crime victims are entitled to benefits beyond Marsy’s Law, as outlined in the Nevada Victims’ Bill of Rights enacted in 1983. Victims have the right to:
- Know the status of their case
- Know when the defendant is released on bail or from prison
- Be free from intimidation
- Seek compensation, if applicable
Contact a Las Vegas Criminal Defense Attorney Today
If you have been charged with a crime in Las Vegas, you deserve an experienced attorney who can protect your rights and fight the charges against you. Contact the Nevada criminal defense lawyers at Adras & Altig, Attorneys at Law today for more information on how Marsy’s Law may apply in your case.
- About the Author
- Latest Posts
At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.