Friday, March 30, 2018

Victim's Rights

Last November the voters of Ohio passed a constitutional amendment to the Ohio Constitution, popularly called Marsy's Law, to incorporate victim's right.  Some of the proposed rights include notice of all public proceedings involving the offense and to be heard in any public proceeding involving release, plea, sentencing, disposition or parole. In addition, the victim may refuse some discovery requests made by the accused and have full and timely restitution from the offender.  Finally, the proposed amendment explicitly provides that the victims can  these claim these rights in court and, if denied, file an appeal. But are these rights justified?  Do victims of crimes have rights from the criminal justice system -- or are these right only available in a civil suit?  Do any theories of punishment allow such rights -- or do some imply they are untenable?   Are any of these rights justified -- or any unjustified? How did the voters of Ohio do?

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