North Carolina Victims' Rights Amendment - November 6, 2018

By Chris Sinclair, political and communications consultant, August 16, 2018.

There has been a lot of attention regarding the six constitutional amendments on this year’s ballot.  Much of the attention has been centered around either partisan support - or opposition - of the entire group. 

 Nothing could be more misleading to voters than to lump the amendments together - they are not a package and cover a range of issues.  One amendment in particular stands out from the group - it focuses on strengthening rights for crime victims in North Carolina.  This amendment, called Marsy’s Law, has broad bipartisan support and should be considered independently.

 The victims’ rights amendment will give equal rights to victims in the state constitution - rights that are already given to the accused and convicted.  Rights associated with Marsy’s Law include giving victims the right to speak - or be heard - during court proceedings like bail hearings or sentencings.  It also will ensure that victims are notified when the accused and convicted have a change in custody status - including being let out of prison or escaping. 

 There are some opponents that say there are already rights listed for victims of crime in the constitution.  While there are some rights for crime victims in the constitution, they are limited to statute, and do not carry an enforcement provision, meaning victims do not have any recourse when their rights are violated. Simply put, If the rights of victims are found in statute and the rights of the accused and defendants are found in the constitution, defendants rights will always carry more weight than those of the victims. 

 Marsy’s Law takes nothing away from the current constitutional rights of criminal defendants to have access to fair trials and due process - it simply elevates victims to the same level in the constitution. 

Right now these rights are not guaranteed to victims by law.  While some victims are included in court proceedings and notified - it varies depending on where they live in the state.  Some counties and DA offices are proactive in these details, and some are not.  This amendment will ensure that victims of crime are treated with the same dignity and respect regardless of jurisdiction or county. 

Marsy’s Law was vetted and debated for more than a year in North Carolina - with stakeholders from the court system and law enforcement participating every step of the way.  It passed both chambers of the General Assembly in overwhelming bipartisan votes - more than 150 Republicans and Democrats voting yes - to send to voters. 

It also has endorsements from 60 percent of the state’s sheriffs - Republican and Democrats alike - and the Administrative Office of the Courts. More than 50 local communities passed resolutions supporting Marsy’s Law - citing the need for stronger victims’ rights. 

Today, victims of crime and their families - North Carolina’s most vulnerable citizens - are not on equal footing as those who are accused from the very start. North Carolina’s victims of crime deserve dignity and respect while seeking justice - they deserve constitutional level protections that stronger victims’ rights will afford them through Marsy’s Law.