Marsy’s Law: Well-intentioned but unneeded constitutional amendment

On Nov. 6, citizens will vote on whether to amend our Kentucky Constitution. The proposed amendment is known as Marsy’s Law. The campaign originated in California after a woman was tragically killed by her former boyfriend. The ex-boyfriend was released from jail on bond and proceeded to confront her family in a supermarket.

In a recent ruling, Franklin Circuit Judge Thomas Wingate correctly concluded that votes for this amendment should not have legal effect. The ballot language proposed was too vague and did not adequately explain the details of the amendment.

It is my hope that the Supreme Court of Kentucky will agree with the Franklin Circuit Court’s decision, and that votes on this measure will not be certified.

What’s wrong with this constitutional amendment? Plenty.

While the sponsors have good intentions, they do not take into account the history and design of our commonwealth’s Constitution. The Bill of Rights in it was designed to protect citizens from the powers of government. The government has tremendous power. It can confiscate your property, put you in prison and even execute you. Our founders learned the lessons of history well and correctly understood that individuals needed specific constitutional protections from government.

Protections of actions between citizens were meant to be statutory, and legislated into the criminal code. Kentucky has some of the best laws in the nation to keep crime victims informed. We should improve these statutes. However, amending the Constitution toward this end and others could create many far-reaching and unintended consequences undermining our justice system.

The first duty of a prosecutor is to find the truth, and only proceed with a prosecution if there is adequate evidence for a conviction. Marsy’s Law might compromise a prosecutor’s ability to fulfill this obligation. Due process requires that a prosecutor must provide evidence beyond a reasonable doubt. This is a critical safeguard in our justice system, and Marsy’s Law could compromise this protection.

What this California law attempts to fix is not broken in Kentucky. The commonwealth already has the Kentucky Crime Victim Bill of Rights. Under existing law, Marsy’s family would have been notified before the individual was released.

The presence of Marsy’s Law on the ballot is the result of a massive lobbying operation funded from outside the state. Over the last several years, more than $300,000 has been spent on this effort in Kentucky.

Kentucky’s Constitution sets forth the powers and functions of the branches of government as well as certain general values and principles upon which the citizens agree, including basic rights afforded to those who stand accused by the state.

Our Constitution is so well-balanced that it should rarely be subject to change. If the victim’s Bill of Rights must be changed, it can be done through legislation. Marsy’s Law should be put aside while the targeted issues are taken up by the General Assembly.

If you have questions or comments about this or any other issue, please call me toll-free at 1-800-372-7181 or at 859-384-7506. You can follow me on Twitter @SenatorSchickel, on Facebook at “State Senator John Schickel,” or send me a message at http://www.lrc.ky.gov/Messages/S011.aspx.

This story was originally published November 2, 2018 at 8:52 PM.