UNIVERSITY TIMELINE

Created by Jagoda Szczepaniak

Pro-Victim Legislations - Marsy's Law

History

What it is

Marsy's law initiative was started by her brother Dr. Henry T. Nicholas III., in California. It passed in 2008 and is considered one of the strongest and comprehensive victim laws.

Only one week after Marsy's funeral, Marsy's mother was stopped and confronted by ther daughter's murderer. The family had no idea he had been released on bail.

Marsy's law was created in honor of 21-year-old Marsy Nicholas who was stalked and murdered by her ex-boyfriend.

Marsy’s Law provides all victims with rights and due process in state proceedings. They are to be treated fairly and equally, have the right to privacy, to be made aware of public proceedings, among many others.

*As of December 2021, 12 states have adapted Marsy's law.

Rediscovery Process and Marsy's Law

1. Calling Attention to an Overlooked Problem

2. Making Progress

3. Emergence of Opposition

4. Evidence, Research, Findings

In 2019, Pennsylvania votes to approve Marsy's law, but the election results have not been certified because the constitutionality of the amendment is currently being litigated.

Marsy's brother starts working on Marsy's law in California when he realizes the accused have more rights that the survivors.

Pennsylvania argues that Marsy's law increases chances of mistakes, abuse and wrongful convictions.

California Proposition 9, Marsy's Law, shows up on the ballot as a combined initiated constitutional amendment and state statute in California on November 4, 2008. It passes.

Media and Victims

While the media deserves credit for helping rediscover new victims, they also spread a great deal of misinformation about these same victims. Reporters often"monetize" and "sensationalize" people's tragedies to increase their viewership. On top of the "if it bleeds, it leads" rule of thumb, members of minority communities often say that reporters focus on attractive white people rather than giving the same attention to all survivors. All of this behavior distorts reality and produces mass panic as the public's fear of becoming a victim increases (Karmen, 2018).

Sources:

Bonta, R. (n.d.). Victims’ Bill of Rights. State of California - Department of Justice - Office of the Attorney General. https://oag.ca.gov/victimservices/content/bill_of_rights

Karmen, A. (2018). Crime Victims: An Introduction to Victimology. Wadsworth. ACLU Pennsylvania. (n.d.). Top 5 Reasons to Vote NO on Marsy’s Law. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.aclupa.org/sites/default/files/field_documents/aclu-pa_marsys_law_-_top_five_reasons_to_vote_no.pdf. https://doi.org/chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.aclupa.org/sites/default/files/field_documents/aclu-pa_marsys_law_-_top_five_reasons_to_vote_no.pdf

About Marsy’s Law. (n.d.). Marsy’s Law for All. https://www.marsyslaw.us/about_marsys_law