With early voting underway and Election Day just two weeks away, Tennesseans are heading to the polls to elect who will represent them at the state and federal levels.
Voters will also consider three proposed amendments to the Tennessee Constitution.
One of those amendments isMarsy’s Law, which would strengthen and expand constitutional protections for crime victims in Tennessee.
As sponsors of the amendment, we want to ensure Tennesseans fully understand what Marsy’s Law would change and what it would mean for victims and their families before they cast their ballots.
When someone becomes the victim of a crime, their
world changes in an instant.
In those moments, victims and their families deserve to be treated with dignity, kept informed and given a meaningful voice in the judicial process.
Building on Tennessee’s existing victims’ rights protections
Tennesseans first enshrinedcrime victims’ rights in the state constitution in 1998.
Marsy’s Law would build on that foundation by clarifying and adding to the existing list, establishing 13 constitutional rights covering the criminal and juvenile justice systems.
Ultimately, the amendment gives victims clearer rights throughout the legal process and ensures they are properly supported.
Victims would have the right to request reasonable notice of public criminal proceedings and to be present at those proceedings. They would also have the right to be heard in proceedings involving release, pleas, sentencing, disposition and parole.
They could also request notification when an accused or convicted person is released, transferred or escapes.
The amendment also addresses safety and protection. It would establish a constitutional right to be free from harassment, intimidation and abuse throughout the criminal justice system, including reasonable protection from the accused.
Before a parole or other post-judgement release decision, the safety of the victim’s family and the general public also have to be considered.
Giving victims a stronger voice throughout the legal process
Other protections address some of the practical questions victims and their families can face during a case.
Those include the right to full and timely restitution, a speedy trial or disposition, information about the minimum sentence and scheduled release date and the opportunity to confer with the prosecution.
Victims would also have a constitutional right to be fully informed of the rights available to them.
That’s especially important because the criminal justice process can continue long after a crime is reported. For victims and their families, that can mean following a case through hearings, sentencing, incarceration and parole for sometimes decades.
For someone who has already experienced a traumatic event, knowing what is happening and having a meaningful opportunity to participate can make an unimaginable process easier to navigate.
The story behind the nationwide Marsy’s Law movement
Marsy’s Law is part of anationwide effort to strengthen constitutional protections for crime victims.
It’s named after Marsalee “Marsy” Nicholas, a California college student who was stalked andmurdered by her ex-boyfriend in 1983.
After Marsy’s death, her family unexpectedly ran into her killer after he had been released on bail without them being notified. Their experience helped inspire the broader movement to strengthen victims’ rights across the country.
Amendment 3 now rests with Tennessee voters
Here in Tennessee, we worked to advance this proposal through both the 113th and 114th General Assemblies, as required by state law. Lawmakers approved the measure in two consecutive legislative sessions, allowing it to be placed before voters.
Now, the final decision belongs to Tennesseans.
Marsy’s Law will be Amendment 3 on the November ballot alongside the other twoproposed constitutional amendments.
As you head to the polls, we hope you remember Marsy, her family and their mission to ensure no family goes through the turmoil they did.
Join us in voting “yes” on Amendment 3 on Nov. 3.
Elaine Davis represents District 18 in the Tennessee House of Representatives, which includes part of Knox County. She serves as vice chair of the Judiciary Committee.
Clay Doggett represents District 70 in the Tennessee House of Representatives, which includes Giles County and parts of Lawrence and Lincoln counties. He serves as chair of the Criminal Justice Subcommittee.
This article originally appeared on Nashville Tennessean: Vote yes on Amendment 3 to strengthen victims' rights in TN | Opinion
