For the Defense - Vol. 4, Issue 2 - 4
Opening
Statement
Bradley A. Winnick, PACDL President
H
ouse Bill 276 and Senate Bill 149, commonly
known as Marsy's Law, propose to amend
Article I of the Pennsylvania Constitution
to establish a "crime victims' bill of rights." The
proposal unanimously passed both houses of the
General Assembly last session, and now must
pass both houses once more before being put on
the ballot for voters' consideration. The General
Assembly has held no hearings to hear questions
or concerns about the cost and consequences of
amending our Constitution in this way. Supporters
of Marsy's Law have declared hearings to be
unnecessary considering the overwhelming support
for its passage.
The universal appeal of these bills is obvious.
The rallying cry of proponents is one of fairness.
They merely seek to grant crime victims comparable
and enforceable rights to due process. The bills
state that these rights "shall be protected in a
manner no less vigorous than the rights afforded
the accused." However, Pennsylvania already has
a Crime Victims' Bill of Rights. Some have argued
that the enshrinement in our Constitution will
do no more than elevate the sanctity of those
rights within Pennsylvania law. Jennifer Storm,
Pennsylvania's Victim Advocate, alluded to this
4
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Vol. 4, Issue 2
point in stating that "victims aren't getting
anything new." However, she went on to add,
"other than enforcement."
I have empathy for the trauma, anxiety,
fear, sadness and anger victimization brings. I
appreciate the work of victim advocates who offer
support and guidance as victims navigate the
criminal justice system, and I applaud prosecutors
who are mindful and considerate of victims'
emotions. At the same time, however, I have
real questions, which remain unanswered, about
the consequences of Marsy's Law for criminal
defendants and for victims.
My questions and concerns can be summed up
in one problematic assumption of Marsy's Law:
the awarding of rights to individuals as "victims"
at a pre-conviction stage where no crime has
been found to have been committed beyond a
reasonable doubt and, therefore, victimization has
not been legally established. These bills, in their
very existence, undermine the presumption of
innocence at the core of our criminal justice system
and the Bill of Rights. The Bill of Rights we already
have in our United States Constitution.
Advocates for Marsy's Law, understanding
concerns about limiting longstanding
For the Defense - Vol. 4, Issue 2
Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 2
Contents
For the Defense - Vol. 4, Issue 2 - 1
For the Defense - Vol. 4, Issue 2 - 2
For the Defense - Vol. 4, Issue 2 - Contents
For the Defense - Vol. 4, Issue 2 - 4
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