Marsy's Law for Florida

FAQs

• Why do we need victims’ rights in Florida?

  Currently, the U.S. Constitution and every state constitution include rights for individuals accused of a crime and those convicted of a crime. Yet, many state constitutions still lack clear, enforceable enumerated rights for crime victims.

  Marsy’s Law for Florida aims to provide victims with constitutional standing equal to that of the accused and convicted – no more, no less. Despite being the ones harmed by criminals, victims are often treated as if they have no stake in the legal process. Through Amendment 6, Marsy’s Law for Florida ensures that victims’ rights are legally on par with the rights of the accused, guaranteeing them the respect and protection they deserve.

• What does Marsy’s Law for Florida provide victims and their families?

  Amendment 6 (Marsy’s Law) aims to ensure victims and their families have true equality under the law by guaranteeing them standing in court. Protections that would help ensure equality include the rights:

  • To be treated with dignity, respect, courtesy, sensitivity and fairness.
  • To have standing in court.
  • To privacy.
  • To have information or records protected that could be used to locate or harass the victim or which could disclose confidential or privileged information about the victim.
  • To proceedings free from unreasonable delay.
  • To timely disposition of the case free from unreasonable delay.
  • To be present at all proceedings involving the case.
  • To reasonable protection from the accused throughout the justice process.
  • To confer with the attorney for the government.
  • To be informed by and provide input to the attorney for the government about any case disposition agreement including a plea agreement, deferred prosecution agreement or diversion agreement before a decision is made concerning such agreement.
  • To be heard in any proceeding during which a right of the victim is implicated including release, plea, sentencing, disposition, parole, revocation, expungement or pardon.
  • To have the authority with jurisdiction over the case provided with information pertaining to the economic, physical and psychological effect of the crime or juvenile act upon the victim and have the information considered by the authority with jurisdiction.
  • To timely notice of any release, escape or death of the accused, if the accused is in custody or on supervision at the time of death.
  • To full restitution and to be provided with assistance collecting restitution.
  • To have any monies or property collected from any person who has been ordered to make restitution be first applied to the restitution owed to the victim before paying any amounts owed to the government.
  • To compensation as provided by the law.
  • To timely information about the outcome of the case.
  • To timely notice about all rights in this section, or as provided by law, including the enforcement of these rights.

• Does providing rights for victims take away the rights from those accused or convicted of a crime?

  Those accused or convicted of a crime have rights under the U.S. Constitution and Florida Constitution. Marsy's Law for Florida doesn't hinder, block, take away, or impact these rights in any way.

• Does Marsy’s Law for Florida negatively impact the ability for attorneys of the accused or convicted to do their jobs?

  Marsy’s Law for Florida does not take any rights away from the defendant and does not impact a defendant’s right to a fair trial and appeals.

• Does Marsy’s Law for Florida contribute to backlogging of the court system?

  Judges can consider input from the victim and still resolve cases in a timely fashion. A government’s responsibility to ensure justice for its citizens is not a new burden.

• How can the public stay safe if reporters aren't able to provide all the details of a crime?

  Marsy’s Law for Florida grants victims the right to keep their personally identifiable information private, preventing them from being located or harassed after a crime. This provision does not affect a reporter’s ability to effectively report other details of a victim’s case.

• Does Marsy’s Law for Florida limit the time allowed for appeals?

  Marsy's Law for Florida does not limit the amount of time for appeals, rather it creates a reporting mechanism for appeals that extend beyond two years in non-capital cases and five years in capital cases.

• Aren't victims already provided with these rights?

  Marsy’s Law for Florida now provides a clear set of enforceable rights for victims in the state constitution.

• Is a victim notification system an expensive burden to local governments and counties in Florida?

  The victim notification system, already in place in Florida, is designed to inform victims about developments in their cases, ensuring they are aware of court proceedings, hearings, and other critical updates. While operating such systems involves costs, Marsy's Law helps ensure consistency in their implementation across counties and local governments. This consistency is crucial as it standardizes how victims receive notifications, ensuring their rights are consistently upheld regardless of their location within the state. This can streamline processes and potentially reduce the administrative costs associated with managing disparate notification practices.