The rights we give up under Marsy's Law

I’ve written before about the set of state constitutional amendments known as “Marsy’s Law,” promoted as a bill of rights for crime victims. While the details vary from state to state, common provisions found in the package can deprive persons accused of crimes of information that is of legitimate use in mounting their defense, seal off access to information about crime that the public has valid reasons to want to know, and even in some states work to suppress the identities of police who shoot civilians, so long as the officers allege that they were themselves victimized as part of the episode. In an unsettling paradox, the laws bestow valuable rights on persons it designates as crime victims before any legal process determines whether a crime has in fact been committed against them and if so by whom.

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Critics have gone to court to challenge Marsy’s Law enactments, with at best spotty success. Wisconsin’s high court has now upheld the law against one such challenge.

[Read on. This seems to fall under the Law of Unintended Consequences … at best. — Ed]

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