Leaders, advocates pledge support for Marsy’s Law
NORRISTOWN >> A proposed crime victim rights amendment to the Pennsylvania Constitution was the focus as state and local authorities and victim advocates gathered to pledge their commitment to victims’ rights.
During a news conference on the plaza of the Montgomery County Courthouse on Tues
Montgomery County District Attorney Kevin R. Steele places a memorial flower bouquet on the county courthouse plaza in honor of National Crime Victims’ Rights Week.
day, the elected leaders and advocates voiced their support for passage of the socalled Marsy’s Law constitutional amendment. The event was held in honor of National Crime Victims’ Rights Week.
“Oftentimes people are forgotten, they are left out of our process. Oftentimes, those people are the victims of crime. They’re ignored in our justice system by some. Anyone can be a victim of a crime and each and every victim deserves the support of our institutions of justice… because the voices of victims matters in our process,” Pennsylvania Attorney General Josh Shapiro said during the news conference.
“It can be confusing and oftentimes difficult to understand what your rights are, to know where to turn and to know where you fit in to the process. That’s why Marsy’s Law is so critical,” Shapiro added. “Marsy’s Law provides that help and clarity for victims. It enshrines those rights in our constitution… it ensures fairness and respect throughout the justice process.”
According to the group Marsy’s Law for Pennsylvania, the proposed amendment would add to the state constitution the following new rights for victims:
• To reasonable and timely notice of and to be present at all public proceedings involving the defendant
• To be notified of any pretrial disposition of a case
• To have the safety of the victim and victim’s family considered in fixing the amount of ail and release conditions for the accused
• With the exception of grand jury proceedings, to be heard in any proceeding where a right of the victim is implicated, including, but not limited to release, plea, sentencing, disposition, parole or pardon
• To be notified of all parole procedures, to participate in the parole process and to provide information to be considered before an offender is paroled
• To reasonable notice of
“Oftentimes people are forgotten, they are left out of our process. Oftentimes, those people are the victims of crime.”
- Pennsylvania Attorney General Josh Shapiro
“I fear that right now not enough attention is being placed on the victims of crime.”
- Montgomery County District Attorney Kevin R. Steele
any release or escape of the accused
• Full and timely restitution from the person convicted for the unlawful conduct
Linda Sposato, of West Norriton, a victim services specialist for Mothers Against Drunk Driving Pennsylvania, understands the losses faced by victims and the importance of victim advocates. Sposato’s 18-year-old-daughter, Bernadette, was killed in an alcohol-related crash in Chester County more than 20 years ago. Bernadette was a passenger in the vehicle and the driver was ultimately sentenced to jail.
“As you’re mourning this great loss, you are thrown into the criminal justice system,” Sposato said during the news conference, adding that “angels on earth” are there to help. “The people in the district attorney’s office and the advocates are there to hold your hand as you travel the journey for justice, letting you know you have rights, your loved one’s life does matter and that you have a voice. I do not know if I would have made it without them.
“Criminal justice and victim service professionals helped me through a very dark time and that is why I decided to dedicate my life to support crime victims and give them the voice that was given to me,” Sposato said. “National Crime Victims Week is an opportunity for all of us, as a nation, to honor those that have come before us and paved the way for victims and survivors to have a voice and an opportunity to raise awareness for victims’ rights and to remember victims and the professionals that served them.”
Officials said the Marsy’s Law amendment received overwhelming support from Pennsylvania voters in a November 2019 ballot referendum. However, the results were never certified after a legal challenge was filed by several entities including the American Civil Liberties Union, and the state Commonwealth Court, in a 3-2 decision in January, threw out the constitutional amendment.
The Commonwealth Court ruled the amendment was too wide-ranging. The matter is now on appeal to the state Supreme Court.
Shapiro’s office has filed a legal brief with the court in support of Marsy’s Law and has argued the law is legal under the Pennsylvania Constitution.
Montgomery County District Attorney Kevin R. Steele showed support for Marsy’s Law.
“I fear that right now not enough attention is being placed on the victims of crime. We hear a lot about defendants’ rights. We hear a lot about defendants within the system. But there is another voice that needs to be heard and needs to be heard often and that’s the voice of victims and of survivors. These folks don’t choose to be victims,” Steele said. “We need to approach this in a balanced approach which is one of the things that Marsy’s Law does.
“I support a balanced approach. I support rights for defendants. I support rights for victims. And I support rights for community members. That’s all part of what we do in seeking justice,” Steele added.
Marsy’s Law for Pennsylvania is a grassroots effort seeking to amend the state constitution to provide victims of crime equal rights that proponents say are already afforded to the accused and convicted.
Jennifer Riley, the state director of Marsy’s Law for Pennsylvania, said 74% of Pennsylvania voters supported the amendment during the November 2019 election. Riley added Pennsylvania is one of only 15 states that do not have a constitutional rights measure for crime victims.
“It’s an unfortunate statistic but in day-to-day terms that means a lot to victims of crime here in Pennsylvania. Because of their geography they aren’t guaranteed those rights within our state constitution. As Pennsylvanians, we need to do more,” Riley said.
“So often when a crime victim enters the criminal justice system it’s truly on the worst day of their lives. Something awful has happened and they’re thrust into a system that for all intents and purposes can be very unnerving and unfamiliar for victims who don’t live within the criminal justice system day-to-day. Here they are, thrust into a system where they don’t know what to do and they don’t know where to turn,” Riley added.
According to the Marsy’s Law for Pennsylvania web site, the law is named after Marsalee “Marsy” Nicholas, a University of California Santa Barbara student, who was killed by her exboyfriend in 1983. A week after the murder, Marsy’s mother saw her daughter’s murderer at a market, having received no notification from the judicial system that he had been released on bail. The family was not informed because the courts and law enforcement had no obligation to keep them informed, officials said.
The Marsy’s Law initiative began in California and has seen passage in several states.
Abbie Newman, chief executive officer of the Mission Kids Child Advocacy Center in Montgomery County, a nonprofit organization formed in 2009 to help ease the criminal justice process for child abuse victims and their families, said victim advocates are important to assist victims in navigating the criminal justice system.
“But not every county has a Mission Kids and many victims are not afforded their own advocates,” Newman said. “Among other things, Marsy’s Law helps to ensure that all victims are treated with fairness, respect and dignity. By elevating the rights of victims in the Pennsylvania Constitution we are telling them that we honor and respect them and create a better system for all.”
For more information about Marsy’s Law for PA, visit www.marsyslawforpa.com