Orlando Sentinel

Marsy’s Law doesn’t unfairly shield officers’ identities

- Paul Hawkes serves as counsel for Marsy’s Law for Florida.

The Sentinel’s recent editorial, “Imagine if Derek Chauvin’s identity had been kept secret; now say hello to Florida” (April 13), as well as the news article, “Experts question ruling that hides cops’ names after some shootings” (April 12), offer a narrow account of Marsy’s Law for Florida and a recent ruling by the First District Court of Appeal.

Marsy’s Law for Florida was approved by Florida voters in 2018 because Floridians recognized the need for crime victims to have clear, enforceabl­e rights and protection­s in our state constituti­on. One of those rights is to enable victims to prevent the automatic, public disclosure of personally identifiab­le informatio­n that could be used to locate or harass the victim or the victims’ family.

This is a critical right that has provided many victims a sense of comfort and allowed them to feel safe during one of the most vulnerable times in their lives. It enables crime victims to decide on their own terms if they want informatio­n about them and what they have just endured out in the public domain. Those are very good things for victims and exactly why the law was embedded in our state constituti­on.

While the First District Court of Appeal ruled that law enforcemen­t officers who are victims of crime can invoke this privacy provision, it by no way means that Marsy’s Law for Florida can be used to shield law enforcemen­t officers from accountabi­lity.

When an officer-involved incident occurs, there is an investigat­ion that must be conducted to determine if the officer was a victim in that situation or if that officer has broken the law. If after an investigat­ion it is determined that an officer broken the law, he or she is not entitled to any rights or protection­s under Marsy’s Law. His or her name can and should be released publicly just like anyone else accused of a crime.

The responsibi­lity to conduct these investigat­ions falls on the appropriat­e law enforcemen­t or criminal justice agency. Conducting an investigat­ion into something as sensitive and as high-profile as an officer-involved incident is a serious matter that determines if the officer is a victim. It is in the public’s best interest, and in the interest of transparen­cy, to share with the public informatio­n that either exonerates the officer or leads to charges filed against him or her.

News coverage of this ruling has focused exclusivel­y on the aspect related to law enforcemen­t. What has not been reported on is other facets of this ruling that are very positive for crime victims and which deserve equal recognitio­n.

In this unanimous ruling, the court concluded that none of the constituti­onal language in Marsy’s Law for Florida conflicts with any other language in the constituti­on. It further clarifies that victims’ rights and protection­s should be afforded upon victimizat­ion and not following the commenceme­nt of any criminal proceeding­s. Further, it reaffirms that a victim’s name is among the personally identifiab­le informatio­n that can be prevented from automatic, public disclosure.

As we approach National Crime Victims’ Rights Week next week, it is important to remember that Marsy’s Law has advanced crime victims’ rights in Florida in a tremendous way and Florida crime victims now have necessary rights and protection­s they did not have before.

 ??  ?? By Paul Hawkes
By Paul Hawkes

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