Marsy’s Law/Proposition 9

Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:

  • The rights to justice and due process

  • The right to notice of all proceedings

  • The right to be present whenever the defendant has the right to be present

  • The right to be heard –at critical stages of the criminal justice system –any time that a victim’s rights are at issue

  • The right to have victims’ safety considered before any release decisions are made

  • The right to know when an offender is being released, or escapes

  • The right to protect victims’ confidential records

  • The right to refuse submit to interrogation by a defendant or his lawyer before trial

  • The right to confer with the prosecutor

  • The right to be free from intimidation, harassment, or abuse, and to be treated with fairness and respect

  • The right to restitution

  • The right to a speedy trial and to reasonable finality

  • The right to enforce these special rights in any court

  • The right of victims be informed of their Marsy rights –just as defendants are given their Miranda rights

To read Marsy’s law in full use the link provided below

http://vig.cdn.sos.ca.gov/2008/general/text-proposed-laws/text-of-propos…