Problem:

The California Constitution Guarantees Rights for Criminals but Guarantees Nothing for Victims

California’s constitution guarantees convicted criminals’ rights that crime victims do not receive. The criminal justice system protects rapists and murders but virtually ignores victims and their families. In fact, victims are “punished by the process,” forcing them to relive their tragedies for a lifetime.

Every year, California taxpayers pay millions of dollars to fund parole hearings for criminals that have no chance of being released. The cost to taxpayers is too high and the suffering of victims too great.

These abuses of victims and taxpayers must stop. Law abiding citizens should have the same constitutionally protected rights as convicted murderers, rapists, gang members, drug dealers and child molesters.

“Helter Skelter” inmates Bruce Davis and Leslie Van Houghton, two followers of Charles Manson, who were both convicted of multiple brutal murders, have had 38 parole hearings in the past 30 years. Both were sentenced to life in prison. Thirty-eight times, the families of their victims have relived the pain of the crime and the uncertainty associated with the fact that the killers might walk free.

Every day, in courtrooms all across our State, proceedings are held in criminal cases without any notice to the victim and without the victim having the right to be present or heard at critical stages of the process, yet throughout the entire process the accused or convicted criminal is afforded more than these basic rights.

Solution:

The Crime Victims' Bill of Rights of 2008:

Marsy’s Law gives victims constitutionally protected rights and respect:

Marsy’s Law will ensure that all victims are treated with justice and due process. Crime victims in California must know the justice system works for them and they will be treated fairly

Marsy’s Law gives victims enforceable rights in our criminal justice system and our state constitution. Victims have the enumerated right to be heard throughout in the criminal justice process, without having to go through a maze of bureaucracy to do so.

Marsy’s Law requires all law enforcement agencies to distribute Marsy Rights to all victim. Marsy’s Rights will inform victims of their constitutional rights under Marsy’s Law and provide contact information for local victim’s assistance offices.

Marsy’s Law provides simple measures such as giving a victim notice if the offender in their case is up for a parole hearing, or having their side of the story heard during critical points of the criminal justice process, these simple rights, currently not afforded to victims in our justice system, will make a world of difference to the victims who have to relive their nightmare all too often.

Marsy’s Law will also require that felons serve their sentence fully, the way the judge and jury intended at sentencing. Politicians will not be able to play politics with convicted criminals…which puts citizens at risk and causes great pain to victims and their families. Budget cuts or early release programs will not allow serious and violent felons a get out of jail free card – felons will have to serve their fair share.