Violent criminals perpetrated more than 3,680 crimes in Hawaii in 2014, an average of 10 violent crimes a day. These crimes affected more than 3,680 individuals; when surviving family members that have been traumatized are taken into consideration, the number of actual victims increases exponentially.
All these victims and survivors have one thing in common: After being affected by a crime, they were forced to take part in our criminal justice system, a frightening, foreign environment for our residents.
Although we work within a system that holds out the promise of justice for those affected by violent crime, victims, in fact, have no constitutional guarantees nor equal rights to ensure they are treated fairly. Defendants, on the other hand, have clear, constitutionally protected rights that are consistently enforced, such as “Miranda rights.” As a result, victims and survivors often feel like an afterthought in the process.
Marsy’s Law represents a collection of basic due process rights that are not now being consistently enforced in Hawaii. Crime victims here seek the right to know, to confer, to be present and to be heard in the judicial process. Marsy’s Law would correct the current injustice for victims and survivors with a Victims’ Bill of Rights that seeks the following:
>> The right to be treated with courtesy, fairness, with respect for their dignity and privacy throughout the criminal justice proceedings.
>> The right to receive information about their rights and services available to crime victims.
>> The right to receive notification of proceedings and major developments in their criminal case.
>> The right to receive timely notification of changes to the offender’s custodial status.
>> The right to be present at court proceedings.
>> The right to provide input to the prosecutor before a plea agreement is finalized.
>> The right to be heard at plea or sentencing proceedings or any process that may result in the offender’s release.
>> The right to restitution.
Arguments that giving rights to victims will infringe upon the rights of the accused do not hold up when examined dispassionately. The proposed constitutional amendment only seeks to give the victims procedural rights to be notified, to be heard, and to be present throughout the process if they choose to participate. The amendment will in no way take away from the defendant’s substantive rights.
The proposed amendment is modeled after the laws passed in California and Illinois known as Marsy’s Law, named after Marsalee “Marsy” Nicholas. Marsy was stalked and killed by her ex-boyfriend in 1983. Only a week after she was murdered, her mother and brother, Henry Nicholas, walked into a grocery store after visiting Marsy’s grave where they were confronted by the accused murderer. The family had no idea he had been released on bail. He remained free on bail until his conviction.
Although Hawaii has a statute dealing with victims’ rights, these statutes require the victims to make a written request to be informed of the disposition of the case and to be consulted about any plea bargain. The statute requires victims to take additional actions to be part of the process even as they are dealing with the emotional, financial and mental stress of having been victimized.
Victims and survivors have waited too long for fair treatment in Hawaii.
This year we have the opportunity to have our citizens vote on a constitutional amendment ensuring equal rights for crime victims, just like the accused enjoy.
It’s time for us to join the 32 other states that have already enshrined victims rights in their state constitutions and thereby guarantee fair and equitable treatment for ALL in our criminal justice system.
