4 November 2016
Vote NO! on CI-116
Known as Marsy’s Law, CI-116, which pretends to be a victim’s rights amendment to Montana’s constitution, is an example of the havoc that a billionaire deranged by grief can wreak. Thirty-three years ago in California, Henry Nicholas’s sister, Marsy, was stalked and killed by her boyfriend. He and his mother took issue with they way they were treated and kept informed (or, as Nicholas argues, not kept fully informed) about the case by lawmen and prosecutors. In 2008, California’s voters approved Nicholas’ so-called victims’ rights amendment, popularly known as Marsy’s Law, to the state’s constitution, the opposition of almost every major newspaper in the state notwithstanding.
This year, thanks to Nicholas’ largesse, Marsy’s Law is on the ballot not only in Montana, but also in North Dakota and other states.
CI-116 presents two issues. First, are new laws protecting victims of crime needed in Montana? Second, if new laws are needed, should they be statutes adopted by the legislature, or glorious and detailed declarations of “rights” hardwired into the state’s constitution?
According to retired Montana State Supreme Court Justice Jim Nelson:
First, the proposed amendment is a solution in search of a problem. Montana’s Legislature has already enacted a comprehensive body of laws that provide virtually the same victim’s rights as does I-116.
Second, it is wrong to assume that police officers, prosecutors and judges, among others, presently ignore the plight of crime victims. They don’t, based on my 40+ years of experience as a former prosecutor working with state and federal law enforcement and as Supreme Court justice.
Third, constitutionalizing victim’s rights, especially given the overly broad language of the amendment, creates numerous hidden problems.
The best, most flexible, approach to dealing with the issues of protecting the rights of the victims of crimes while also protecting the rights of all is through statutory law. CI-116 may be well intentioned, but it’s the wrong approach, poorly executed, and should not be approved.