Its our job to know how laws impact crime victims and to educate the public.

Our Legal
Director, Elizabeth Well, has provided a summary of Issue 1, also known as Marsys Law for
Ohio. Its lengthy. Unfortunately, most legal matters cant be easily summarized in a quick
soundbite. If you would like to know how Issue 1 will impact crime victims and the rights of
defendants, please take a moment to read the following summary.

The Truth About Marsys Law - Issue 1:

What It Is, What It Does, And What It Does Not Do

Part One: Introduction to Marsys Law Issue 1

Issue 1, or Marsys Law, is a Bill of Rights for Ohios crime victims. Basically, Issue 1 takes
many rights that Ohios crime victims already have, puts them in one place, makes them
stronger, and perhaps most importantly, makes them enforceable. You may say, Wait a minute,
if victims already have a lot of these rights, why do we need Issue 1? Well, the truth is, victims
rights are not consistently enforced across the state. For example, some justice officials allow
victims to enforce their rights while others do not and the current law prevents crime victims
from appealing when their rights are violated.

Currently, victims rights in Ohio are scattered in various places and can be hard to find, for one
thing. My office has created the Victims Rights Toolkit [link] to help with this issue, but there
are just so many places rights can be found that its bound to be confusingespecially for
victims experiencing trauma. So Issue 1 takes all these rights and puts them in one place.

Another problem is that even when victims can find their rights, many of these rights are watered
down and weak in Ohioso Issue 1 makes them stronger.

Finally, and most crucially, Issue 1 adds the enforcement ability that Ohios victims need. Issue 1
allows victims to ask the court to stop victims rights violations. And if the trial court wont do it,
victims can go to the appeals courts. Under current law, victims are not allowed to appeal
victims rights violations.

Part Two Marsys Law Issue 1: Understanding the Hierarchy of Laws

Before we can really dig into Issue 1, we want to help folks understand exactly why we say that
Issue 1 will not, and cannot, violate defendants United States constitutional rights.

First, let me give you a couple of examples of defendants rights that defense attorneys are
falsely claiming Issue 1 will violate. The list includes: the prohibition against double jeopardy,
the right to due process, the right to speedy trial, the right to a fair and public trial, and the right
to confront ones accusers. All of these rights have one thing in commonthey are protected by
the United States constitution. The US Constitution is often called the Supreme law of the
land and for good reason. No state constitutional right or any other right is allowed to take away
US Constitutional rights. And thats not what Issue 1 aims to do at all.

Issue 1 stands for the proposition that victims are entitled to rights in the criminal justice process.
And those rights are pretty important and should be taken seriously by courts. So we put those
rights in our state constitution. In doing so, we are affirming that we care about victims and think
their rights are very important. But we are not saying that victims rights should be able to
violate defendants US Constitutional rights.

Part Three Marsys Law Issue 1: (A)(1) Right to be treated with fairness and respect for
the victims safety, dignity and privacy

Ohios constitution actually already contains something substantially similar. Our constitution
currently says that Ohios crime victims have the right to be with fairness, dignity, and respect.
This language was approved in 1994 by 78% of Ohios voters.

The two new pieces relate to safety and privacy. There are actually dozens of laws that provide
victims with the right to have their safety considered. These laws include rights to have victim
safety considered when releasing offenders on bond, protection order laws, laws that allow
prosecutors to charge offenders for threatening victim safety or harming victims, and rights to
protect victim names and addresses when victim safety is an issue. This provision really just
summarizes what Ohio law already provides.

According the United States Supreme Court and the Ohio Supreme Court, all people have a
constitutional right to privacy. This right is very old and well established. Unfortunately, victims
rights to privacy are violated by defendants improperly demanding private information not
related to their cases. Issue 1 will ensure victims rights to privacy are protected by ensuring
defendants can only get information from victims that relate to their cases.

Part Four Marsys Law Issue 1: (A)(2) upon request, to reasonable and timely notice of
all public proceedings involving the criminal offense or delinquent act against the victim,
and to be present at all such proceedings

Like paragraph one, this provision basically just takes rights that already exist in Ohio and moves
them into the constitution, making them stronger and enforceable. Ohio Revised Code 2930.06
uses nearly identical language to guarantee victims the right to be notified of proceedings if they
request notification.

Ohio Revised Code 2930.09 and Ohio Evidence Rule 615 provide crime victims the right to be
present at those proceedings. There is a language change from ORC 2930.09 to Issue 1. The
current law says that the victims right to be present can be denied if it will violate the
defendants fair trial rights. Unfortunately, victims are often denied the right to be present during
trial when defense attorneys argue that the right will harm the defendants fair trial rights even
though no court in Ohio or the nation has ever said that a defendants fair trial rights were
violated just because a victim was allowed to be in the courtroom. Issue 1 will clarify that
victims can be in the courtroom during the trial.

Part Five Marsys Law Issue 1: (A)(3) to be heard in any public proceeding involving
release, plea, sentencing, disposition, or parole, or in any public proceeding in which a right
of the victim is implicated

Heres a part of Marsys Law, Issue 1, that really strengthens the current law in a very common-
sense way. Currently, victims only have the right to be heard at sentencing and prior to a
defendants release from jail or prison. Issue 1 allows the victim to address the court before any
release, plea bargain, sentencing, parole, or any time the victim has a right thats at risk.

If you think about this, it makes perfect sense. Who knows better than the victim the type of risk
the defendant poses for the victim and the community? Who is in a better position to advise the
court of that risk? Dont we want our judges to have all the facts in front of them when theyre
making decisions about whether an offender should be released? Dont we want courts to
understand the real impact of the crime on the victim before we allow defendants who committed
crimes like rape to take a plea deal to much less severe crimes like assault?

Part Six Marsys Law Issue 1: (A)(4) to reasonable protection from the accused or any
person acting on behalf of the accused

In many ways, this right is similar to paragraph one of Marsys Law, Issue 1, which provides
victims with the right to have their safety protected by the criminal justice system, such as rights
to have victim safety considered when releasing offenders on bond, protection order laws, laws
that allow the prosecutor to charge offenders for threatening victim safety or harming victims,
and rights to protect victim names and addresses when victim safety is an issue.

Ohios victims have a lot of protection in Ohios laws, so what Issue 1 really does is pull all of
those ideas into one place and make them all enforceable

Part Seven Marsys Law Issue 1: (A)(5) upon request, to reasonable notice of any release
or escape of the accused

In terms of offenders in prison or the Department of Youth Services, Ohio law already
guarantees this right to victims, and the Department of Rehabilitation and Correction and the
Department of Youth Services already has the tool in place (its called VINE[link] and if you
havent already, you should check it out!) to make sure that this right is protected.

This provision does expand the currently existing right because now jails will also be required to
make certain that victims are informed when offenders are released or escape, if the victim
requests to be notified. Many jails already provide these notices to victims through the VINE
service, but many others do not. Issue 1 will require all jails to inform victims if their offender
has escaped or is released.
Part Eight Marsys Law Issue 1: (A)(6) except as authorized by section 10 of Article I of
this constitution, to refuse an interview, deposition, or other discovery request made by the
accused or any person acting on behalf of the accused

This next one has been made to appear very controversial, and theres a lot of misinformation
about it floating around out there. Criminal defense attorneys are making it seem that crime
victims could refuse to provide evidence relevant to the case.

This argument is misleading. Issue 1 could not violate a defendants US constitutional rights.
Crime victims will not be able to blankly refuse to turn over evidence relevant to the case. The
provision in Issue 1 also protects defendants state constitutional rights, stating that crime victims
can refuse discovery requests from criminal defendants, except as authorized under Ohios
Constitution Article I, section 10, the defendants rights portion of the Ohio constitution.

Its also important to understand that discovery is the exchange of information between the
prosecutor and defendant. The rights of defendants to obtain discovery will remain intact, as will
the right to subpoena information from victims. If a defendant issues a subpoena to a victim for
material, and the victim objects, the court must hold a hearing to determine if the material sought
by defense is relevant. If the court determines the material is not relevant, the victim will not
have to turn it over. If the court determines the material is relevant, the victim must turn over the
material to the defendant.

Unfortunately, some courts violate victims rights to privacy by forcing crime victims to turn
over private material to defendants that are not relevant to the case without first holding a
hearing to determine relevance.

Issue 1 will prevent courts from forcing victims to turn over private material to defendants
without first holding a hearing to determine relevance.

Part Nine Marsys Law Issue 1: (A)(7) to full and timely restitution from the person
who committed the criminal offense or delinquent act against the victim

Issue 1 provides victims with the right to restitution. And this is a bigand necessarychange.

Currently, it is up to judges to determine whether or not to order restitution. Restitution amounts

have to be calculated during pre-sentence investigationsthe investigations done by probation
after an offender has been convicted of a crime, but before sentencingbut the judge gets to
decide whether or not to make the offender pay it.

Under Marsys Law, Issue 1, if victims can prove their losses, the judge has to order the offender
to pay. This makes sense if you remember that victimsunlike offendersare thrust into the
criminal justice system through no fault of their own. Why should victims face crippling debts
and losses in the form of medical bills and other out of pocket bills when the victim is not at fault
for what happened? It is perfectly logical that the person who caused the loss should have to pay
for the lossand thats what Issue 1 requires.
Part Ten Marsys Law Issue 1: (A)(8) to proceedings free from unreasonable delay and
a prompt conclusion of the case

Issue 1 provides the victim with the right to object when the prosecution of the offense is
dragging on and on.

Ohio Revised Code 2930.08 gives victims the right to object to substantial delays in
prosecution and to have those objections considered by the court. But, like all currently existing
rights in Ohiothere is no enforcement mechanism, so when these rights are violated, theres
nothing victims can really do.

Let me share a story to illustrate this. My office had a case in which a defendant had been
allowed to continue trial for over three years. This case involved a brutal kidnapping and rape.
When the victim finally objected to the delays after about three and a half years of patiently
waiting, the court completely ignored the victims motion and delayed the case for another year
and a half.

Under Issue 1, this would not be allowed. If a court ignores a victims motion under Issue 1, the
victim can go the appeals court for help.

Part Eleven Marsys Law Issue 1: (A)(9) upon request, to confer with the attorney for
the government

Issue 1 guarantees that victims will be able to talk with prosecutors about the case:

Ohio Revised Code 2930.06 provides victims with the right to confer with the prosecutor. This
just means that the victim has the right to discuss the case with the prosecutor and give input.

We call this right a voice, not a veto. This right does not allow victims to overturn acquittals
(which are findings that defendants are not guilty). It does not allow victims to control a
prosecutors strategies or decisions as to what evidence to use, which witnesses to call, or how to
do their jobs.

This right just gives victims a voice.

Part Twelve Marsys Law Issue 1: (A)(10) to be informed, in writing, of all rights
enumerated in this section

Issue 1 gives victims the right to be informed of their rights.

Until we are in the situation where weve found ourselves victimized by crime, weve probably
never given a second thought to what rights a victim might have. Weve probably just assumed
that the criminal justice process and its officials will take good care of us, because we did
nothing wrong. A lot of times, thats exactly what happens. But sometimes, its not.
In order to begin to think about protecting and enforcing their rights, victims need to know what
their rights are. And that is exactly what the final provision in Issue 1 provides.

Part Thirteen Marsys Law Issue 1: Standing The Ability for Victims to Protect and
Enforce Their Rights

Issue 1 states:

The victim, the attorney for the government upon request of the victim, or the victims other
lawful representative, in any proceeding involving the criminal offense or delinquent act against
the victim or in which the victims rights are implicated, may assert the rights enumerated in this
section and any other right afforded to the victim by law. If the relief sought is denied, the victim
or the victims lawful representative may petition the court of appeals for the applicable district,
which shall promptly consider and decide the petition.

This section does not create any cause of action for damages or compensation against the state,
any political subdivision of the state, any officer, employee, or agent of the state or of any
political subdivision, or any officer of the court.

Heres what this means: the victim can file motions to enforce all of the rights provided in Issue
1. The victim can enforce those rights in trial court and, if the trial court chooses to ignore the
victim or continue to violate the victims rightsthe victim can go to the appeals courts for help.

Some defense attorneys are saying Issue 1 doesnt have an enforcement mechanism because it
limits victims from having any cause of action for damages or compensation against the state.
Defense attorneys dont want victims to be able to have attorneys to protect victims rights in the
criminal case. They just want victims to be able to sue prosecutors or judges who violate victims
rights.

However, victims want their rights to be protected in the criminal system. Even if victims did
want to sue prosecutors or judges for money for violating their rights, their chances at winning
money would be very slim. This is because judges and prosecutors have nearly complete
immunity for anything they do as part of their jobs.

When defendants rights are violated, they do not want to sue judges or prosecutors. Instead,
defendants want their rights to be protected and violations to be remedied in the criminal case.
For instance, if a defendant is not read their Miranda rights, they dont sue the state or public
officials. The defendant files a motion with the court demonstrating that they were not
Mirandized and asking the court to suppress any statements they made as a result. The
defendants rights violations are cured at that moment in the criminal case, not in a later civil
case.

Crime victims want to same ability. They want their rights to privacy to be protected, their ability
to be present during the trial, to give an impact statement at sentencing, and other basic rights. If
victims rights are violated, they want the ability to file a motion to protect and enforce their
rights at that moment in time, which is the same enforcement mechanism defendants utilize
when their constitutional rights are violated. Issue 1 will provide crime victims the ability to file
motions to protect and enforce their rights, too.

Part Fourteen Marsys Law Issue 1: Who is a Victim?

When Issue 1 gives all of these rights and protections to victims, who exactly is included in this
definition of victim?

Per Issue 1:

As used in this section, victim means a person against whom the criminal offense or
delinquent act is committed or who is directly and proximately harmed by the commission of the
offense or act. The term victim does not include the accused or a person whom the court finds
would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.

A victim is, quite simply, the person harmed by the crime. If the crime is assault, the victim is
the person who was hit. If the crime is rape, the victim is the person who was sexually assaulted.
If the victim is killed as a result of the crime, the victims would be the victims surviving family
members. This is because the deceased victim deserves and requires someone to speak on their
behalf. If a business is burnt to the ground, the victim is the owner of the business. Issue 1
requires the victim to be a person who is directly and proximately harmed. This means, for
instance, that the insurance company that insures a building destroyed by arson is not going to be
a victim. The insurance company is too far removed from the crime for there to be a direct and
proximate link.

Part Fifteen Marsys Law Issue 1: Conclusion

I hope that Ive been able to explain Issue 1 and expel a lot of the misconceptions and concerns
folks are raising about it.

I hope you dont think that myself or my organization doesnt care about defendants rights,
because thats the furthest thing from the truth. I would have grave concerns about Issue 1 if it
was trying to (or even could) violate defendants US constitutional rights, but it isnt and it
doesnt. You know, the rights in the criminal justice process are not like a pie where if someone
gets a larger piece, someone else will get a smaller one. There are plenty of rights to go around,
and we have our courts to help us sort those out.

Issue 1 has a lot of support from folks who understand how the criminal justice process works
and understand the importance of keeping that process fair and balanced for everyone, including
victims. Issue 1s supporters include Ohio Attorney Mike DeWine as do many prosecutors,
including the two Republican Prosecutors and two Democratic Prosecutors who serve the largest
counties in the state: Prosecutor Sherri Bevan Walsh (D) Summit County, Prosecutor Joe Deters
(R) Hamilton County, Prosecutor Michael OMalley (D) Cuyahoga County, and Prosecutor Ron
OBrien (R) Franklin County.
Issue 1 is supported by more than 332 state and local government officials and social service
organizations across Ohio. To view a full list of supporters please visit
http://www.voteyesonissue1ohio.com/endorsement.