Marsy’s Law: Controversial Issues

Marsy’s Law is a legislative act that ensures that crime victims have equal rights as the accused. In other words, it guarantees that people who have suffered from illegal activity are protected, questioned during the court process, and notified when the criminals are released (Straughan, 2021). It is a generally encouraging initiative that attempts to make the lives of victims easier, helping them to cope with the loss. However, many experts note that Marsy’s Law leads to unethical and unconstitutional consequences that obstruct the rights of the accused. For instance, since victims can make pleas during the court process, they can affect the proceedings before the defendants can make their claims (Straughan, 2021). Another provision of the law implies that victims can legally refuse to provide essential information about the crime if it is in their interest (Straughan, 2021). As a result, Marsy’s Law is an act with good intentions, but its implementation is a highly complex and controversial issue.

In my opinion, the current state of Marsy’s Law is a problematic area, and it should be adjusted. I take this position due to two primary reasons: emotional bias of victims during court proceedings and potential exploits of the law. The former is evident because people who have suffered from crimes are emotionally invested in the process and might obstruct the justice of the process by concealing or altering information. Considering the second reason, some people might exploit Marsy’s Law to protect victims. In Florida, the Police Department of Tallahassee used this approach to conceal the names of officers who killed two persons during on-duty action (Etters & Burlew, 2022). It is a complex issue, but I believe that hiding the identities of the victims only hurts the credibility of the police department, making the case more suspicious of potential police brutality. If there is sufficient evidence to confirm the necessity of on-duty killings, there is no need to exploit Marsy’s Law. Ultimately, I believe that the idea behind Marsy’s Law is correct; however, it needs adjustments to ensure a just process.

References

Etters, K., & Burlew, J. (2022). ‘Secret police’ or a right to anonymity? Florida Supreme Court to decide the future of Marsy’s Law. Tallahassee Democrat. Web.

Straughan, D. (2021). Marsy’s Law aims to protect victims of violent crimes, but at what cost? Interrogating Justice. Web.

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LawBirdie. (2024) 'Marsy's Law: Controversial Issues'. 28 June.

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LawBirdie. 2024. "Marsy's Law: Controversial Issues." June 28, 2024. https://lawbirdie.com/marsys-law-controversial-issues/.

1. LawBirdie. "Marsy's Law: Controversial Issues." June 28, 2024. https://lawbirdie.com/marsys-law-controversial-issues/.


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LawBirdie. "Marsy's Law: Controversial Issues." June 28, 2024. https://lawbirdie.com/marsys-law-controversial-issues/.