Under criminal justice reforms passed by Gov. Nathan Deal and the General Assembly, Georgians are spending less money on corrections and getting better outcomes. We’re reducing recidivism by reserving prison beds for violent criminals and helping nonviolent offenders get treatment for mental health and addiction issues.
But there’s one thing missing. While we’ve done great by the wrongdoers, it’s time to look at what we should do for the wronged. As the nation and the state of Georgia recognize Crime Victims’ Rights Week April 10-16, we can do more than hold candlelight vigils; we can take concrete action to make sure that voices of victims are heard and respected.
This past legislative session, the Georgia General Assembly began its consideration of a crime victims’ rights amendment to the state constitution. Marsy’s Law — named for a young California woman murdered in the 1980s whose killer was released without her family’s knowledge — would elevate the rights of victims in our state.
The U.S. and Georgia constitutions provide rights to the accused and the convicted in criminal cases, but none to the victims. Georgia is one of only 18 states that do not give victims constitutional protections. Georgia does provide multiple statutory rights for victims, but not permanent, enforceable rights guaranteed by the highest law in the land.
We can all agree rapists shouldn’t have more rights than their victims. Murderers shouldn’t be more protected than their victims’ families. And with some victims’ rights in state law, we’ve proven that we can service the needs of victims effectively without putting an undue burden on the criminal justice system.
Marsy’s Law for Georgia would give victims:
• The right to receive information about their rights and the services available to them.
• The right to receive notification of proceedings and major developments in the criminal case.
• The right to receive timely notification of changes to the offender’s custodial status.
• The right to be present at court proceedings and provide input to the prosecutor before a plea agreement is finalized.
• The right to be heard at plea or sentencing proceedings or any processes that might result in the offender’s release.
• The right to restitution.
Amending the state constitution is no small feat. It takes a two-thirds vote in both the House and Senate and then approval at the next general election by a majority of voters. Recent polls of Georgia voters showed that more than 80 percent say they support putting victims’ rights in the state constitution. The more people knew about Marsy’s Law, the more they supported it. More than 90 percent were in favor after hearing more details about the law.
Georgians who favor this amendment now have a chance to make a difference. This summer, both the House and Senate will study this issue in special committees. With these efforts, legislators are showing they take the issue seriously, and now we need victims, their advocates and concerned citizens to contact their representatives and express their support.
This year, the theme of National Crime Victims’ Rights Week is “Serving Victims. Building Trust. Restoring Hope.” We have a chance to transform those words from rhetoric to reality with Marsy’s Law for Georgia.
Ann Casas is the state director for Marsy’s Law for Georgia.