'Marsy's Law' gives victims voice in court, but raises questions - Yahoo News

Dec. 20—"Marsy's Law" didn't invent victim's rights in Kentucky.

The rights of crime victims had long been part of state law before the General Assembly passed a "Marsy's Law" bill and voters ratified the constitutional amendment in 2020.

But what Marsy's Law did was make crime victim's rights part of the state constitution, giving them more weight. Now, victims of crime have a guaranteed right to be heard in court, to be notified of hearings involving the person charged with victimizing them, and to have a more active role in the court process.

Court officials are still working out how the law is actually applied in courtrooms, and there are questions from Daviess County judges about when the law conflicts with rights granted defendants by the U.S. Constitution. Those questions will likely have to be settled by the state Court of Appeals and the Kentucky Supreme Court.

"The good thing about this is it creates a way for the victim to be involved or have a say," said Daviess Circuit Judge Lisa Payne Jones.

Previously, victims of crime were not required to be contacted about proceedings, such as bond hearings for the defendant.

"I had a family member who was a victim of an assault, and the case got dismissed and they never had a say," Jones said. Marsy's Law "definitely improves that situation," Jones said.

"Marsy's Law" provides victims with 12 rights that are enforceable in court.

For example, the victim has the right to be informed of, and be present at, all hearings in their case, has a right to be heard on issues such as bond or probation, has the right to be informed of any release of the defendant in the case, or if the defendant escapes, and the right to be informed of those rights.

The responsibility to inform victims of proceedings falls on courts and prosecutors.

Commonwealth's Attorney Bruce Kuegel said the constitutional amendment requires prosecutors to make attempts to contact victims, but said that's not always easy.

source: https://news.yahoo.com/marsys-law-gives-victims-voice-113900332.html

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