A recent, strongly worded BDN editorial in opposition to Marsy’s Law for Maine came out of nowhere. This bill, LD 1168, would guarantee constitutional rights to victims of crime. We cannot understand the opposition to this bill.
Rather than focus on argument, we are taking this opportunity to inform BDN readers about the merits of Marsy’s Law.
Simply stated, Marsy’s Law would guarantee basic constitutional rights for crime victims and their families in Maine’s criminal justice system. Our state, whose motto is “Dirigo,” is one of only 15 states without constitutionally guaranteed victims’ rights. We can’t lead from behind on this issue.
Marsy’s Law is in the middle of the normal legislative process; the Legislature carried it over from this year’s session to be dealt with in January. They did this so interested parties and the Criminal Justice and Public Safety Committee can take the time to make sure the final language is right for Maine and representative of Maine values. That is going on now and will continue.
Through Marsy’s Law, we seek a constitutional amendment to help protect all Maine residents by making sure the rights of victims of crime are elevated to the same level as those of criminals and those accused of crimes. We want all victims of crimes to be given notice of their rights, receive timely notice of hearings in criminal justice proceedings, have notice of the release from jail of the persons accused or convicted of crimes, and a guarantee of the right to be heard by prosecutors prior to decisions of plea bargains “upon request.” Marsy’s Law will also guarantee that victims of crime will gain the legal standing to be present at any hearing where the perpetrator of the crime against them can be present.
A crime victim will be able to waive these rights simply by choosing not to access them, if they have been informed.
Under Marsy’s Law, the term “victim” will be clearly defined as a person against whom a crime by another person has been committed, or in the cases of homicides or incapacity, the designated family or other lawful representative, excluding the person accused, or in custody.
Critics of the proposed law have raised concerns that victims could use these rights to ask a court to dismiss charges against an alleged perpetrator. But a crime victim’s right to assert rights or have these rights enforced “may not be grounds for dismissal of any criminal proceeding.”
Why do we need a constitutional amendment for rights already in statute? The procedural bar is set high to change the Constitution. A constitutional amendment in Maine requires two-thirds approval by both chambers of the Legislature and then approval by voters at the ballot box. But lawmakers can change statutory rights with simple legislative majorities. This leaves laws protecting crime victims subject to change on a regular basis. Criminals’ rights are constitutionally protected. That simply is not right.
October is Domestic Violence Awareness month. The timing of the editorial, during a month that is reserved for highlighting the protections that are needed for survivors of domestic violence and the loved ones of those lost, is unfortunate. Victims of assault, domestic violence, sexual assault and all other forms of criminal offenses are harmed every day. We all must do everything we can to protect them.
Our cherished children have been taken from us. We have turned our hearts and efforts to improve the future, starting with our beloved state of Maine, in their memory. What we are doing now is really for Maine families who will face criminal system injustice in the future
As for “Dirigo,” Maine still can be a leader in the effort to truly balance the scales of justice, through a careful, respectful dialogue about this necessary social and systems change for crime victims in Maine.
Arthur Jette lives in Cambridge. Ramona Torres lives in Denmark. Judi Richardson lives in South Portland. They are members of the Maine chapter of Parents of Murdered Children.
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