Marsy's Law: A Model State Constitutional Amendment to Afford Victims Meaningful Rights
A. To preserve and protect justice for victims and due process throughout the criminal and juvenile justice systems, a victim shall have the following rights which shall be protected in a manner no less vigorous than the rights afforded to the accused; to be treated with fairness and respect for the victim’s safety, dignity, and privacy; upon request, to reasonable and timely notice of and to be present at all public proceedings involving the criminal or delinquent conduct; to be heard in any public proceeding involving release, plea, sentencing, disposition, parole, and any public proceeding during which a right of the victim is implicated; to reasonable protection from the accused or any person acting on behalf of the accused; upon request, to reasonable notice of any release or escape of an accused; to refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused; to full and timely restitution; to proceedings free from unreasonable delay and a prompt conclusion of the case; upon request, to confer with the attorney for the government; and to be informed of all rights enumerated in this section.
B. The victim, the victim’s attorney or other lawful representative, or the attorney for the government upon request of the victim may assert in any trial or appellate court, or before any other authority, with jurisdiction over the case, and have enforced, the rights enumerated in this section and any other right afforded to the victim by law. The court or other authority with jurisdiction shall act promptly on such a request. This section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court.
C. As used in this section, a “victim” includes any person against whom the criminal offense or delinquent act is committed or who is directly and proximately harmed by the commission of the offense or act. The term “victim” does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.
Marsy’s Law was passed in Ohio in November of 2017.
Under Ohio law, you have extensive rights as a victim of a crime. Read the information below or visit the Ohio Attorney General's website.
|You have the right to:||You may request your right to:|
|Be treated with fairness and respect regarding your safety, dignity and privacy.||A timely notice of all public proceedings involving the crime against you and to attend them.|
|Reasonable protection from the accused or anyone acting on his or her behalf.||Speak at any proceedings involving an offender's release, plea, sentencing, disposition or parole.|
|Refuse to answer questions from the offender or any person representing the offender.||Receive notice if the offender is released of escapes.|
|Proceedings that are free from unreasonable delay and a prompt conclusion of the case.||Assert these rights yourself, through a representative, or by asking the prosecuting attorney. If your relief is denied, you may appeal to your local district court of appeals.|
|Receive a full and timely restitution.|
|Access to the attorney for the government.|