Crime victims and their families have a state constitutional right to (1) prevent the release of their confidential information or records to criminal defendants, (2) refuse to be interviewed or provide pretrial testimony or other evidence requested on behalf of a criminal defendant, (3) protection from harm from individuals accused of committing crimes against them, which includes informing the judge of safety concerns and seeking protective orders, (4) the return of property no longer needed as evidence in criminal proceedings, and (5) ‚"finality" in criminal proceedings in which they are involved and the right to due process and a speedy trial. You are entitled to be reasonably notified about the defendant’s arrest, the charges filed, and extradition determinations. When a probation department official is conducting a pre-sentence investigation you are entitled to provide information about the impact of the offense on the you and your family. However, inmates are able to periodically request that the board advance the hearing date. In addition to information on the death penalty in California, this document provides factual descriptions and background in the case of Michael Angelo Morales, who was convicted by a Ventura County jury in 1983 and sentenced to be executed. This measure expands these legal rights to include all public criminal proceedings, including the release from custody of offenders after their arrest, but before trial. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant. To receive, upon request, the pre-sentence report when available to the [13] The California Attorney General has published these rights, which now are utilized by every law enforcement agency in the state. You are entitled to participate in the parole process and provide information that you wish the parole authority to consider before the offender is paroled or released. Victims' Bill of Rights Act 2008. (2016, June 1). In 2008, California was the first state to pass constitutional amendment recognizing what is known as “The Victim’s Bill of Rights.” Also known as “Marsy’s Law,” California’s Victim’s Bill of Rights was introduced as a ballot initiative and passed by a majority of California voters in the 2008 general election 54% to 46%. victim and the victim’s family and any sentencing recommendations (12) To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody. hearings, among other rights. (b) In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights: (1) To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process. Restitution is ordered in every case in which a crime victim suffers a loss. To have your safety, the safety of your family, and the general public considered before any parole or other post-judgment release decision is made. law addresses issues such as privacy for victims of crimes, as well as The basis of the criticism is that equating victims’ rights to the rights of the accused is a fallacy that ignores the very different purposes these two sets of rights serve. (9) To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings. Statistics show that in 2009, 20% or 656 inmates received parole denials of 7 years or more. To have the safety of the victim and the victim’s family considered To reasonable notice of and to reasonably confer with the prosecuting agency, If you consent to an interview you are entitled to set reasonable conditions for conducting the interview. Victim’s Bill of Rights 2008: Marsy’s Law. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue. a comprehensive list of rights for victims of crimes. To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant. upon request, at which the defendant and the prosecutor are entitled to Some of these rights previously existed in statute. Ensure that Marsy's Law is enforced throughout California; Help crime victims obtain quality legal representation; Unite the victims' rights movement by providing organizations with media, technology and other support; Pass an Amendment to the United States Constitution to protect the rights of victims nationwide. Marsy’s Law was introduced in 2008, expanding on California’s Crime victims may obtain additional information regarding Marsy’s Law and local Victim Witness Assistance Center information by contacting the Attorney General’s Victim Services Unit at 1-877-433-9069. Traditionally, a prosecutor is required to provide a defendant with evidence that could show innocence (exculpatory evidence). 97 percent of women and 90 percent of men reported that at least one incident of violence was committed by a non-native person. of incarceration, or other disposition of the defendant, the scheduled Bill of Rights was introduced as a ballot initiative and passed by a majority representative of a crime victim who is deceased, a minor, or physically original Victim’s Bill of Rights focused on restitution for victims, You are also entitled to be present at these proceedings. the parole of the offender, and to be notified, upon request, of the parole (17) To be informed of the rights enumerated in paragraphs (1) through (16).
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