Marsy’s Law/Proposition 9

Marsy’s Law is a constitutional amendment designed to strengthen the rights of victims of crime in California and ensure they are treated with dignity, respect, and fairness throughout the criminal justice process. Named after Marsy Nicholas, who was tragically murdered by her ex-boyfriend, the law was introduced after her family was unaware that her killer had been released on bail shortly after the crime. Marsy’s Law, enshrined in the California Constitution under Article I, Section 28, Subsection (b), guarantees victims a comprehensive set of rights that help protect their safety, privacy, and participation in legal proceedings. This landmark law ensures that victims have a voice in the criminal justice system, empowering them to assert their rights alongside the rights of the accused. It also provides legal tools for victims to ensure their rights are upheld and to seek restitution for the harm they have suffered. These rights include:

  • The right to justice and due process

  • The right to receive notice of all legal proceedings

  • The right to be present at any stage where the defendant has a right to be present

  • The right to be heard during critical stages of the criminal justice process, especially when a victim’s rights are at stake

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

  • The right to be informed when an offender is released or escapes

  • The right to protect the confidentiality of victims' records

  • The right to refuse interrogation by the defendant or their 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 dignity and respect

  • The right to restitution for losses incurred

  • The right to a speedy trial and to reasonable finality in the case

  • The right to enforce these rights in any court of law

  • The right for victims to be informed of their Marsy’s Law rights, similar to how defendants are informed of their Miranda rights

To learn more about Marsy’s Law, visit the following link: https://oag.ca.gov/victimservices/marsys_law