ABOUT MARSY’S LAW FOR IDAHO
- The proposed constitutional amendment is intended to ensure victims and their families are afforded equal constitutional rights as the accused or convicted
- It will give victims a voice throughout the justice process
- It defines a victim of crime
- The proposed constitutional amendment outlines the rights of crime victims to:
- Be treated with fairness, respect, dignity and privacy
- To timely disposition of the case
- To reasonable and timely prior notification of trial court, appellate, post-conviction and parole proceedings
- To, upon request, be informed of sentencing, incarceration, probation, escape, and release
- To be present at all criminal justice proceedings
- To confer with the prosecution
- To be heard prior to acceptance of matters such as a plea of guilty, sentencing, parole, parole discharge, incarceration, probation, commutation, pardon, post-arrest and post-conviction, release, and any proceeding during which the right of the victim is implicated
- To receive relevant reports or records used in sentencing
- To full and timely restitution
- Reasonable protection from the accused and those acting on behalf of the accused
- It does not authorize a court to dismiss a case
ABOUT THE PROCESS
- A proposed constitutional amendment requires 2/3 majority support by members of both the Idaho State Senate and the Idaho House of Representatives.
- If successful, a proposed constitutional amendment will appear on the ballot for vote by the people of Idaho during the next general election where it needs a simple majority to pass.
WHERE HAS MARSY’S LAW ALREADY PASSED?Efforts to provide elevated victims’ rights are underway in a number of states. To date, Marsy’s Law has passed in:
- North Dakota
- South Daokota
- This proposed constitutional amendment has been part of a collaborative process. This resolution is a product of a collaboration between victims’ advocates, prosecutors, sheriffs and attorneys.
Status of Victims’ Rights In Idaho
A state Constitutional Amendment for Victims’ Rights was passed in November, 1994. The amendment was passed by 79% of voters.
- To learn more about your rights in Idaho, please visit the National Crime Victim Law Institute (NCVLI) by clicking here.
Violent Crime In Your State: Did You Know?
According To Recently Released Statistics By The Federal Bureau Of Investigation (FBI), Idaho Experienced 3,568 Violent Crimes In 2015.
- In 2015, There Were 32 Murders And Nonnegligent Manslaughters.
- In 2015 There Were 694 Rapes.
- In 2015 There Were 192 Robberies.
- In 2015 There Were 2,650 Aggravated Assaults.
Source: 2015 Crime In The United States, State Totals, Federal Bureau of Investigation, Website, 9/26/16