how to sue the county attorney under marsy's law

What is Marsy’s law and how does it affect my case?

YOUR RIGHTS AS A VICTIM UNDER “MARSY’S LAW” CONSTITUTION OF THE STATE OF FLORIDA – ARTICLE I, SECTION 16(b) (effective January 8, 2019) To preserve and protect the right of crime victims to achieve justice, ensure a meaningful role throughout the criminal and juvenile justice systems for crime victims, and ensure that crime victims’ rights […]

Can I sue a local government for an injury?

Dec 12, 2019 · Marsy’s Law specifically provides that the victim’s attorney can seek to enforce the victim’s rights under Marsy’s law or any other rights otherwise provided by Florida law. For example, if the victim seeks to enforce their rights, Marsy’s law requires the court or other authority over the case to: act promptly such a request;

What is Amendment 6 (Marcy's law)?

public to sue law enforcement, pros-ecutors and defense attorneys, thus ... Under Marsy’s Law, Governer Schwarzenegger was required to notify ... tion, which he did not. Two lawsuits were filed, one by the victim’s family and the other by the San Diego County Deputy District Attorney. The lawsuits were combined. In 2012, a U.S. District ...

How do I file a lawsuit against the government?

Aug 01, 2017 · Crime victims should be given a “Marsy’s Card” outlining his or her rights under Marsy’s Law. The Office of Attorney General has developed an official “Marsy’s Card” for statewide use by criminal justice agencies in compliance with N.D.C.C. § 12.1-34-08. Criminal justice agencies must use this official Marsy’s Card,

What rights does Marsy's Law mean?

(A) It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

How are the victims being afforded an opportunity to be heard pursuant to Marsy's Law?

Marsy's Law significantly expands the rights of victims in California. ... To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

Is Marsy's Law a federal Law?

Marsy's Law for All was founded to enact Marsy's Law in all 50 states and as an amendment to the U.S. Constitution. ... As of February 2020, Marsy's Law had been passed in the following states: California, Illinois, North Dakota, Ohio, Florida, Georgia, North Carolina, Nevada, Oklahoma, and South Dakota.

Why is Marsy's Law Controversial?

Marsy's Law undermines due process and upends the presumption of innocence. ... If someone is presumed to be the victim of a crime before a jury returns a verdict, then the accused is presumed guilty, not innocent. Upending the presumption of innocence also undermines due process protections necessary to defend oneself.

What is Marsy's card?

On November 4, 2008, the People of the State of California approved Proposition 9, the Victims' Bill of Rights act of 2008: Marsy's Law. This measure amended the California Constitution to provide additional rights to victims. This card contains specific sections of the Victims' Bill of Rights and resources.

How many states passed Marsy's Law?

Passage of this law in California has led to the passage of similar laws in Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, Oklahoma, Ohio and Wisconsin, and efforts to pass similar laws in Hawaii, Iowa, Montana, Idaho, South Dakota, and Pennsylvania.

Who started Marsy's Law?

Henry T. Nicholas IIIWhile those accused of crimes have more than 20 individual rights spelled out in the U.S. Constitution, the surviving family members of murder victims have none. The Marsy's Law initiative began in California and was led and sponsored by Marsy's brother, Dr. Henry T. Nicholas III.

Does Texas have Marsy's Law?

Status of Marsy's Law in Texas A state Constitutional Amendment for Victims' Rights was passed in November, 1989, with the support of 73% of the voters. To learn more about your rights in Texas, please visit the National Crime Victim Law Institute (NCVLI) by clicking here.

Did Marsy's Law passed in Georgia?

Effective January 1, 2019, with the passage of SB 127 and SR 146 (also known as Marsy's Law), these rights are constitutionally protected and enforced (Georgia Constitution Art. ...

Why may some people be opposed to a victim's rights amendment to the U.S. Constitution?

Thirty-three states have added a victims' rights amendment to their state constitutions. ... Opponents claim an amendment would flood the courts with litigation, would undermine the rights of the accused (perhaps discriminatorily), and would jeopardize effective prosecution.Apr 13, 2000

Is Marsy's Law in Wisconsin?

§ 19.36(6). Under Marsy's Law, the Wisconsin Constitution provides crime victims the right to privacy, as well as the right to be treated with dignity, respect, courtesy, sensitivity, and fairness.May 13, 2021

Does Arizona have Marsy's Law?

Arizona has a comprehensive Victims' Bill of Rights in our constitution. Marsy's Law seeks to give crime victims meaningful and enforceable constitutional rights equal to the rights of the accused. ...

When was Marsy's law passed in Montana?

Montanan voters approved the Marsy’s Law constitutional amendment in November of 2016. The ACLU of Montana, Montana County Attorneys Association, Montana League of Cities and Towns, and Montana Association of Counties filed litigation calling for the initiation of the amendment to be delayed until July 1st, 2017.

When did Arnold Schwarzenegger commute his sentence?

In 2011, Governor Arnold Schwarzenegger commuted a 16-year sentence of voluntary manslaughter to7 years. Under Marsy’s Law, Governer Schwarzenegger was required to notify the victim’s family of the commuta-tion, which he did not. Two lawsuits were filed, one by the victim’s family and the other by the San Diego County Deputy District Attorney. The lawsuits were combined.

What amendment did South Dakota pass in 2016?

South Dakota voters initially passed a constitutional amendment, Consti-tutional Amendment S, in 2016 that implemented Marsy’s Law into the SD state constitution. “Officials say Marsy’s Law has had unintended con-sequences since it first passed such as causing problems for law enforcement and prosecutors and increasing costs for counties.”

Who is responsible for asserting rights under Marsy's law?

Until an electronic system is in place that provides a central location to record whether a victim has asserted his or her rights under Marsy’s law, it is the responsibility of the prosecuting attorney’s office to develop an internal system or method to document who has asserted these rights. This internal system or method should be updated regularly.

What is protected under Marsy's law?

Under Marsy’s Law, addresses or other information that could reasonably be used to locate a victim or a member of the victim’s family is protected. This includes employment addresses, references to a building in which an individual works or resides, or any other information that could reasonably be used to locate the victim or the victim’s family. This information could be contained in digital media such as audio, video or images, or in witness statements. See also N.D.R.Crim.P. 16 and N.D. Sup. Ct. Admin. R. 41.

What is the right of a victim to refuse an interview?

Under Marsy’s Law, a victim has the right to refuse an interview, deposition or other discovery request made by the defendant, the defendant’s attorney, or any person acting on behalf of the defendant. If the victim choses to participate in any of the above referenced communications, the victim has the right to set reasonable conditions on the conduct of any such interactions. See also

What is the right of a victim to receive a copy of a report?

Under Marsy’s Law, the victim has the right, upon request, to receive a copy of any report or record relevant to the exercise of a victim’s right, except for those portions made confidential by law or unless a court determines disclosure would substantially interfere with the investigation of a case, and to receive a copy of any pre-sentence report or plan of disposition when available to defendant or delinquent child. See also N.D.R.Crim.P. 32.

What is the right to be notified of a request for information?

§ 12.1-34-02 (1)(b), a victim has the right to be notified of any request for information or records that could be used to locate or harass the victim or victim’s family or that would disclose confidential or privileged information about the victim.

What are the rights of victims in North Dakota?

Marsy’s Law provides 19 enumerated rights for victims in North Dakota including the “right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records.” N.D. Const. art. I, § 25(1)(e). See also

What is a Marsy's card?

Crime victims should be given a “Marsy’s Card” outlining his or her rights under Marsy’s Law. The Office of Attorney General has developed an official “Marsy’s Card” for statewide use by criminal justice agencies in compliance with N.D.C.C. § 12.1-34-08. Criminal justice agencies must use this official Marsy’s Card, available for download from the Criminal Justice Resources page of the Attorney General’s website,

What is the right to be present at all public proceedings involving the criminal conduct?

The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing, or adjudication, even if the victim will be a witness at the proceeding, notwithstanding any rule to the contrary.

What is the right to be informed of post-conviction processes and procedures?

The right to be informed of all postconviction processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender.

How long is a Florida court record held confidential?

The clerk shall notify the filer in writing within 5 days if the clerk determines that the information is NOT subject to confidentiality, and the records shall not be held as confidential for more than 10 days, unless a motion is filed pursuant to subdivision (d)(3) of the Rule. Fla. R. Jud. Admin. 2.420(d)(2).

What is the custodian of records?

custodian of all records that are solely within the possession and control of that judge. As to all other records, the custodian is the official charged with the responsibility for the care, safekeeping, and supervision of such records. All references to “custodian” mean the custodian or the custodian’s designee.

How long does it take to appeal a judgment?

All state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases and within five years from the date of appeal in capital cases, unless a court enters an order with specific findings as to why the court was unable to .

Who is a victim in a homicide?

The term “victim” includes the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include the accused.

Can an indictment be filed in two counties?

If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take place.

What is the role of a prosecutor?

Prosecutors have a duty to the community, to the complaining witness and to the defendant. It is their job to see that justice is done, and most take that responsibility seriously. They are elected or appointed by the people to represent all of the people of the commonwealth. This constitutional amendment attempts to contort and confuse this role. No longer will the primary duty of prosecutors be to “do justice.” Instead, that duty will be affected by individual interests. This compromises the important and elevated ethical obligations we expect and currently demand of prosecutors in the commonwealth.

Why is the Constitution important?

The Constitution protects citizens from the imposing power of the state to take away liberty, freedom from stigma and sometimes even life. That is the reason that citizens are given the presumption of innocence until proven guilty. This amendment declares that a complaining witness who brings a criminal charge against another citizen is entitled to a heightened level of protection under the Constitution. That weakens constitutional protections for the accused and creates the potential for a race to the courthouse. As an example, imagine you are in a car accident with another person and the other person accuses you of a crime related to the accident. The other person wins the race by being first to take out a criminal complaint. Then, without more — without any evidence, without any judge or jury — that person is cast as a “victim” going forward, rather than as a witness or party to litigation. An amendment bestowing constitutional rights to complaining witnesses, from the very start of a case, turns our system of justice, along with the bedrock principles of our Constitution, on its head.

Does Kentucky have a parole system?

Kentucky has a robust set of statutes designed to protect the rights of complaining witnesses/victims throughout the criminal trial process. They are in place from the time that a person is arrested until that person, if eligible, may be considered for parole. Yet, a few vocal, well-funded individuals believe that their voices are not sufficiently heard in the criminal prosecution of a case. These people are asking you to AMEND YOUR CONSTITUTION.

Can a complainant have her own lawyer?

The amendment provides that a person can hire her own lawyer or look to the prosecutor to protect and represent her interests and those of the community. A wealthy complaining witness will have the ability to hire her own counsel to participate in the case if she perceives that the prosecutor is not adequately protecting her interests. Under the proposed amendment, what if the complaining witness is poor and cannot afford to hire a lawyer, yet wants to take advantage of this option? This amendment offers no way to enable them to do so. The results of this amendment will amplify what unfortunately exists too often in our courts today — those with money wield their influence and pay a lawyer to further their interests, while those who don’t have to fend for themselves and hope they have a good prosecutor on the case.