Know Your Ballot Carson City: Question 1, Marsy's Law
Submitted by Kelsey Penrose on Fri, 09/14/2018 - 10:01am
In 1983, Marsy Nicholas was a senior at UC Santa Barbara, but her life was cut short when she was stalked and murdered by her ex-boyfriend.
A week after Marsy was murdered, her parents walked into a grocery store after leaving Marsy’s grave, and were confronted by her murderer. They had no idea that he had been released on bail, as no one had contacted them regarding his hearings.
Her murderer, Kenny Conley, was later sentenced to life in prison without the possibility of parole.
He died in prison one year before Marsy’s Law passed in California in 2008. The Nicholas family had been forced to attend numerous parole hearings before his death.
Marsy’s brother, Henry Nicholas, spearheaded the initiative to add a comprehensive victim’s rights constitutional amendment to the ballot in California.
Since then, many other states have adopted the amendment.
So far, California, Illinois, North Dakota, South Dakota and Ohio have all adopted the amendment.
Victims of crime in all of these states must, by law, be treated with respect and dignity by the criminal justice system.
Courts must consider the safety of victims and families when setting bail and release conditions.
Family members have legal standing in bail hearings, pleas, sentencing and parole hearings.
In the states that have adopted the amendment, just as defendants are read their Miranda Rights, victims are now informed as to their Marsy Rights, which expanded many rights of the victims in criminal cases.
The proposed amendment would add Marsy’s Rights to the Nevada Constitution, which are as follows:
Crime victims have the right to...
(a)be treated with fairness and respect and be free from intimidation, harassment, and abuse throughout the criminal justice process;
(b) be reasonably protected from the defendant;
(c) have the safety of the victim and victim's family considered when setting bail;
(d) prevent release of information the defendant could use to locate the victim;
(e) refuse an interview or deposition unless under court order;
(f) reasonably confer with the prosecuting agency;
(g) reasonable notice of all public proceedings and be present at all public proceedings;
(h) be reasonably heard at any public proceeding;
(i) timely judgment of a case;
(j) provide information to officers concerning the impact of the crime on the victim;
(k) be informed of the conviction, sentence, incarceration, and release date of the defendant;
(l) full and timely restitution;
(m) prompt return of property when no longer needed as evidence;
(n) be informed of all post-conviction proceedings;
(o) have the safety of the victim, the victim's family, and the public considered before any parole;
(p) have restitution money first applied to the amount ordered to the victim; and
(q) be informed of the rights in the amendment
Currently, the Nevada Constitution does have a crime victims rights amendment, which was passed in 1996, under the title Question 2.
It gave crime victims the right to be informed of criminal proceedings related to the crime, the right to be present at hearings during the critical stages of the proceedings, and the right to be heard at proceedings for the sentencing or release of the convicted person.
Marsy’s Law would replace the previous amendment.
So far, Marsy’s Law has never been defeated by voters.
Currently, Nevada Senators Michael Roberson, Becky Harris, Patricia Farley, Joseph Hardy, and James Settelmeyer all sponsor and support the proposed amendment, as well as Gov. Brian Sandoval, Attorney General Adam Laxalt, and the North Las Vegas City Council.
For more information on Question 1, Marsy’s Law, click here.
For more information on the elections, including polling locations and dates, click here.
Nevada General Election: Nov. 6, 2018
Early Voting: Oct. 20, 2018 to Nov. 2, 2018
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