Omar Bennett
In 1996, North Carolina voters approved a constitutional amendment, adding Section 37 of Article 1, Declaration of Rights, which established the basic rights of victims of crime. This amendment was further amended in 2018, with changes taking effect in 2019, to expand the types of crimes covered and extend victims' rights to delinquency proceedings. This amendment is known as Marsy's Law, named after Marsy Nicholas, the sister of Broadcom Corp. co-founder Henry Nicholas, who was murdered in 1983.
| Characteristics | Values |
|---|---|
| Year | 1996, 2018, 2019 |
| Date | November 1996, August 31, 2019 |
| Amendment Name | Marsy's Law Crime Victims Rights Amendment |
| Section | 37 of Article 1, Declaration of Rights |
| Rights | To be informed of and to be present at court proceedings, to be heard at sentencing, to receive restitution, to be notified of an accused's escape, release, proposed parole or pardon, to receive information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims |
| Changes | Expansion of the types of crimes covered, extension of victims' rights to delinquency proceedings, conforming changes to subsection (2), expansion of the provision clarifying that nothing in Section 37 creates a claim for monetary damages against the state or its agencies |
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What You'll Learn
North Carolina voters approved a constitutional amendment in 1996
The amendment outlines that victims of crime shall be entitled to the following rights:
- The right to be informed of and to be present at court proceedings of the accused.
- The right to be heard at the sentencing of the accused and at other times as prescribed by law or deemed appropriate by the court.
- The right to receive restitution.
- The right to be given information about the crime, the criminal justice system, the rights of victims, and the availability of services for victims.
- The right to receive information about the conviction, final disposition, and sentence of the accused.
This amendment was approved by voters in the state of North Carolina during the November 1996 elections. It is referred to as the North Carolina Victims' Rights Amendment and was added to the state's Declaration of Rights.
Additionally, in May 2012, North Carolina voters approved Amendment 1, which amended the Constitution to add Article XIV, Section 6. This amendment prohibited the state from recognizing or performing same-sex marriages, civil unions, or their equivalents. It defined male-female marriage as "the only domestic legal union" considered valid in the state. However, it did not prohibit domestic partnerships and protected both same-sex and opposite-sex prenuptial agreements.
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Victims' rights to be present and informed about court proceedings
In 1996, North Carolina voters approved a constitutional amendment establishing the basic rights of victims of crime. This amendment, known as Section 37 of Article 1, Declaration of Rights, includes the right for victims to be informed of and present at court proceedings. This right was further expanded by the 2018 Marsy's Law Crime Victims Rights Amendment, which amended Section 37 to include additional protections for victims of crime.
The original 1996 amendment provided victims with the right to be informed of court proceedings and to be present during these proceedings. This meant that victims were entitled to receive information about the court process, the criminal justice system, and the rights and services available to them as victims. They could also request to be notified of any changes in the accused's status, such as escape, release, proposed parole, or pardon. This amendment ensured that victims had a voice and could actively participate in the justice process.
The 2018 amendment further strengthened these rights by expanding the types of crimes covered and extending victims' rights to delinquency proceedings. This amendment clarified that victims of "a crime or act of delinquency that is against or involving the person of the victim or is equivalent to a felony property crime" have constitutionally protected rights. It also included the right for victims to be involved in any court proceeding related to the plea, conviction, adjudication, sentencing, or release of the accused.
The impact of these amendments has been significant in North Carolina. The state has recognized the importance of treating victims fairly and respectfully, and these rights have provided victims with a stronger voice and presence in the justice system. However, there have been differing opinions on the effectiveness of these amendments. Some, like Rep. Marcia Morey, argued that the 2018 amendment was unnecessary as victim-right protection was already included in the Constitution. Instead, Morey suggested that funds should be directed towards restitution and counseling services for victims.
Overall, the constitutional amendments in North Carolina have played a crucial role in recognizing and protecting the rights of victims to be present and informed about court proceedings. These amendments ensure that victims are not just passive observers but active participants in the pursuit of justice.
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Victims' rights to receive restitution
In November 1996, North Carolina voters amended the State Constitution by adding Section 37 of Article 1, Declaration of Rights, establishing the Rights of Victims of Crime. One of the basic rights established by this amendment is the right of victims of crime, as prescribed by law, to receive restitution. This means that victims of crime in North Carolina have the right to request and receive financial compensation from the offender for the costs of their crime, including any financial losses or expenses directly related to the crime.
Restitution is a court-ordered payment that is mandated during the sentencing of the offender. The court can order restitution in the form of fines, which are paid to the state, or as direct payments to the victim. The amount of restitution ordered by the court is based on the financial losses incurred by the victim as a direct result of the offender's crime. These financial losses can include lost income, property damage, medical expenses, funeral costs, and other related expenses. It's important to note that not all financial losses are eligible for restitution, and the specific rules may vary by jurisdiction.
The process of receiving restitution can vary depending on the jurisdiction and the specific circumstances of the case. In some cases, the offender may be ordered to participate in an Inmate Financial Responsibility Program, where a percentage of their prison wages are applied to their restitution obligations. Additionally, organizations such as the Financial Litigation Unit (FLU) or the Victim's Compensation and Government Claims Board may assist in enforcing restitution orders and providing financial assistance to victims.
It's important for victims to understand their rights and take the necessary steps to ensure they receive the restitution they are entitled to. This may include filing the appropriate paperwork, staying informed about the offender's release and compliance with restitution orders, and seeking legal advice if needed. While full recovery of financial losses may not always be possible, victims have the right to pursue restitution and receive compensation for their losses.
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Victims' rights expanded in 2018
In 1996, North Carolina voters approved a constitutional amendment establishing the basic rights of victims of crime. This included the right to be informed of and be present at court proceedings, to be heard at sentencing, and to receive restitution. In 2018, these rights were expanded with the passing of the North Carolina Marsy's Law Crime Victims Rights Amendment. This amendment was part of a national effort to enact similar Marsy's Law amendments across the United States.
Marsy's Law is named after Marsy Nicholas, the sister of Broadcom Corp. co-founder Henry Nicholas. Marsy was murdered in 1983, and her brother started campaigning to increase the rights and privileges of victims in state constitutions. The 2018 amendment in North Carolina clarified the responsibilities of law enforcement, court officials, and prosecutors. For prosecutors, this included informing victims before each hearing, providing information about crimes, and allowing victims to present their views and concerns.
Despite these changes, some victims in North Carolina still claim that their rights are being violated. In Durham, victims who believe that prosecutors have not met their responsibilities have turned to nonprofits, local judges, and the North Carolina State Bar to hold prosecutors accountable. One such individual was a rape survivor who filed a complaint against a prosecutor who helped downgrade a rape charge without notifying her.
The 2018 amendment in North Carolina was implemented through Senate Bill 682, which was ratified by the General Assembly and signed by the Governor in 2019. This bill expanded the rights of crime victims and built upon the historical protections that had been put in place for victims of crime in the state.
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Marsy's Law and controversy surrounding it
In 1983, Marsy Nicholas, the sister of Henry Nicholas, was murdered. Her killer, Kerry Michael Conley, was sentenced to life in prison with the possibility of parole in 17 years. The Nicholas family attended numerous parole hearings, which they found distressing. In response, the family campaigned for a comprehensive victims' rights constitutional amendment, known as Marsy's Law. The law was passed in California in 2008 and has since been adopted by a dozen states.
Marsy's Law aims to give victims of crime meaningful and enforceable constitutional rights equal to the rights of the accused. It provides that victims of crime shall have the right to be informed of and to be present at court proceedings of the accused, to be heard at sentencing, to receive restitution, and to be given information about the crime, the criminal justice system, and the rights of victims.
However, Marsy's Law has faced controversy and legal challenges. Civil libertarians have argued that it curtails the legitimate rights of criminal defendants and the interests of a free and vigorous press. Additionally, there are concerns that the law designates some persons as victims before a court has found that a crime has been committed against them. The Supreme Court of Montana found the law to be unconstitutional in 2017, and the Pennsylvania Supreme Court reached the same conclusion in 2021. Despite this, voters in Florida and Wisconsin approved Marsy's Law amendments in 2018 and 2020, respectively, and the Wisconsin Supreme Court upheld the amendment in May 2023.
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Frequently asked questions
Yes. In November 1996, North Carolina voters approved an amendment to the State Constitution, adding Section 37 of Article 1, the Declaration of Rights, establishing the Rights of Victims of Crime. This amendment was further updated in 2018, with the expansion of the types of crimes covered and the extension of victims' rights to delinquency proceedings.
The amendment provides victims of crime with the following basic rights:
- The right to be informed of and to be present at court proceedings.
- The right to be heard at sentencing and to receive restitution.
- The right to receive information about the crime, the criminal justice system, and the rights and services available to victims.
- The right to receive information about the conviction, final disposition, and sentence of the accused.
The Marsy's Law amendment is a victim's rights amendment that has been ratified in several states, including California, Illinois, Montana, North Dakota, South Dakota, Ohio, Nevada, Oklahoma, Kentucky, and Georgia. It is named after Marsy Nicholas, the sister of Henry Nicholas, co-founder of Broadcom Corp., who was murdered in 1983. In 2018, North Carolina considered a Marsy's Law amendment, which was opposed by some on the grounds that victim-right protection was already included in the state constitution.
