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Marsy’s Law Challenged in Kentucky Supreme Court

by Kent Scheidegger
March 20, 2022
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Kent Scheidegger

“The Kentucky Supreme Court docket on Thursday weighed the destiny of a victims’ rights legislation that opponents say have to be struck down as a result of it was not correctly put earlier than voters,” reports David Wells for Courthouse Information.

And what are the drastic modifications which have the opponents so scorching and bothered?

After being handed by poll referendum in November 2020 with 63% of the vote, Kentucky’s model of Marsy’s Legislation granted crime victims constitutional protections together with the suitable to be current at trials and different proceedings, the suitable to seek the advice of with an legal professional, the suitable to be notified of all hearings and the suitable to be fairly shielded from the accused.

That can be a fairly modest listing of rights. It doesn’t give the sufferer the suitable to change into a celebration, enchantment an opposed ruling, problem a plea cut price, or defend a sentence.

I used to be one in all too many cooks within the broth when the unique Marsy’s Legislation was drafted in California. Some wanted measures in opposition to altering sentences lengthy after they have been imposed hit the slicing room flooring. However “politics is the artwork of the doable.” The measure because it reached the poll and was permitted by the voters was nonetheless a serious acquire in yardage, although we positive may have used a few of the omitted provisions within the years since.



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