September 22, 2021

Fight over Marsy's Law reaches state Supreme Court - WTAE Pittsburgh

GREENSBURG, Pa. —

For nearly two years, a court battle has ensued over the legitimacy of a constitutional amendment that passed with overwhelming support in 2019.

The Marsy's Law amendment is aimed at protecting victims' rights in court proceedings. The amendment outlines 15 rights for victims ranging from notification about when a suspect is released to the ability to speak at certain court proceedings.

Despite legal challenges, the amendment passed in 2019 with 74% of the vote statewide.

The League of Women Voters and the ACLU in Pennsylvania have fought the amendment and won an injunction preventing the amendment from taking effect in January. The groups argue the amendment addresses multiple parts constitution, and the 15 points should not have been lumped together into one ballot question.

Scott McNerny told Pittsburgh's Action News 4 more needs to be done to protect victims and their families. His son Daniel was shot and killed in 2016. Three men were charged and convicted in connection with his death.

McNerny said the Westmoreland County District Attorney's Office and investigators showed his family the utmost respect and he's thankful they were updated on all the proceedings. Still, he said parts of the process are difficult.

"You're treated like nothing," McNerny said. "You are meaningless to some of the people involved in the legal system and the commonwealth."

McNerny said he has been a supporter of Marsy's Law for years and it's frustrating to see the amendment still facing challenges.

"There is not a single point that takes anything away from those accused or those rightfully convicted," McNerny said. "All this is trying to do is show respect to victims."

This week arguments were made by both sides to the state Supreme Court, which is expected to make a final ruling on whether the amendment can be instituted as passed. A final decision from the Supreme Court could take several months.



source: https://www.wtae.com/article/marsys-law-fight-reaches-state-supreme-court/37696221

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