Marsy’s Law: Use your vote to to give victims more rights

Voters have an opportunity Tuesday to give crime victims the constitutional rights they deserve, equal to those accused of doing them harm.

By supporting the amendment known as Marsy’s Law, we are guaranteeing victims the right to be part of the criminal-justice process, bringing Kentucky in line with most other states.

Sadly, some would prefer victims not have equal rights in order to protect their own self-interest. And because attacking Marsy’s Law on its merits will fail at the polls, they are using sneaky legal tactics to deny voters an opportunity to decide.

The Kentucky Association of Criminal Defense Lawyers (KACDL) filed a lawsuit to block Marsy’s Law in the 11th hour, just before the election. Despite our defense and the strong, bipartisan support from the General Assembly, Franklin Circuit Court ruled the ballot language is too vague.

I disagree because I have personally been a part of the three-year voter-education campaign to ensure Kentuckians know what Marsy’s Law is and why we need it. And I am confident that the Supreme Court will support our appeal.

Marsy’s Law was thoroughly vetted and overwhelmingly passed by the General Assembly. It has been endorsed by hundreds of elected officials, prominent organizations, legal experts, members of law enforcement and thousands of individual Kentuckians.

It has been the subject of frequent media stories and debated in numerous public forums across the state during a three-year campaign to educate Kentuckians about it.

Despite the efforts of the KACDL, voters will still have an opportunity to support victims. The court ruling allows Marsy’s Law to appear on the ballot and for votes to be counted. If we win our appeal before the Kentucky Supreme Court and voters adopt the amendment, Marsy’s Law will be added to Kentucky’s Constitution.

The important thing to remember on Nov. 6 is that crime victims across Kentucky are counting on you to be their voice.

Marsy’s Law will afford victims the rights that any of us would expect. Rights like notification of future court proceedings, notification when their accuser is released, the right to restitution, and even the right to simply be present, among others.

There are two major problems Marsy’s Law will address. First is the imbalance created when the accused are guaranteed constitutional rights, while victims are not. Victims have only statutory rights, which, compared with constitutional rights, are flimsy, subjective, and able to be overturned at any time. This disparity gives the accused an advantage over their victims in court.

The second is inconsistency from county to county. A victim in Fayette is not treated the same as a victim in McCracken although all should be treated with dignity and respect. Marsy’s Law will ensure victims a meaningful voice in every county and court.

Look past the confusing and misleading rhetoric of the KACDL and others who would deny your opportunity to support victims. Vote for what you know is right.

Vote YES for constitutional rights for crime victims.

This story was originally published November 2, 2018 at 8:56 PM.