We wrote about this proposed amendment back in March of this year. Since then, despite being struck from this November’s ballot because “the title and summary do not meet the requirements of Florida laws … in fully, fairly, and accurately telling the voters the chief purpose of the proposed amendment, and because the title and summary are, in addition, misleading” (Judge strikes victims’ rights amendment — Marsy’s Law — from ballot), the initiative appears back in time for November.
Similar “victim’s rights” laws have been introduced in a handful of states, usually with the all-to-familiar beguiling victim-name-title (“Marsy’s Law”) which for many, especially those in the registrant community, will sound all too familiar (Walsh, Lunsford, et al.).
The problem is that the intent and, more importantly, consequences, both direct and indirect, of these laws has not been made clear enough to voters. To make matters worse, the initiative has been bundled with others which are not inherently related, causing added confusion and a conflict for those who would support one initiative but not the other.
“It is a terrible idea to bundle disparate measures together in a ballot initiative, even if they are loosely related as in this case. The bundling denies voters the opportunity to vote on the merits of each of the major legal changes in the amendment, forcing them to accept or deny the good elements with the bad, which can look very much like an attempt to bundle popular measures with unpopular ones to achieve a different electoral outcome than the state would get if the measures were presented to voters individually.” (Florida Ballot Amendment Analysis: Amendment 6. Reason.org)
Civil liberties and Constitution-defense advocacy groups have asserted since the first Marsy’s Law passed in California in 2008, despite almost every major news outlet opposing it, that, while giving victims more rights sounds like something we can all get behind, it is unfortunately not that simple. These laws, they contend, can place victims in a prosecutorial role, trample the rights of defendants, and dilute important Constitutional protections.
“In fact, many of the provisions in Marsy’s Law could actually strengthen the state’s hand against a defendant, undermining a bedrock principle of our legal system — the presumption of innocence.” (‘Victims’ Rights’ Proposals Like Marsy’s Law Undermine Due Process)
Some opponents also point out that victims already have most of these rights, and that there are better ways to enhance victim’s rights where there are concerns.
“There are ways of guaranteeing victim’s rights without making constitutional mistakes. For instance, in New Hampshire, our comprehensive victims’ rights statute preempts conflict between rights by stating that victims’ rights shall be enforced “to the extent . . . they are not inconsistent with the constitutional or statutory rights of the accused.” This language recognizes that victims’ rights may come into conflict with defendants’ rights and that our justice system works only if defendants’ rights against the state are upheld. … Marsy’s Law has no comparable language.” (‘Victims’ Rights’ Proposals Like Marsy’s Law Undermine Due Process)
Now that the initiative is back on the ballot, Sen. Lauren Book made a de facto endorsement in a recent ad buy announcing the initiative. In her ad, she wastes no time making a strong emotional appeal, detailing parts of her tragic childhood sexual assault right in the ad intro. Unfortunately, just as with her involvement in many of these issues, Book’s motivations are questionable given the financial and business connections of her and her father, Ron Book (lobbyist). Those connections are with various corporations in the prison-for-profit industry who will certainly profit from these measures, if passed, and who have shown no restraint in willingness to incarcerate more people for profit under the guise of public safety and justice.
See also:
Leon County judge throws Amendment 6 off Florida ballot.
Florida Division of Elections: Initiatives: Rights of Crime Victims; Judges
Marsys law is a blatant attack on the presumption of innocence. Plain and simple.
Try to argue that any way you want, it makes the assumption that there is a “victim” and a “crime” in every situation. Things like probable cause, and “catch-all” misdemeanors where the standards of proof are lower. This is why district attorneys and prosecutors loved this idea. It helps to ramp up conviction numbers even for non-violent offenses but when the alleged offense is one they can glide under the system and use emotions in place of evidence they can convict ANYONE.
Including the falsely accused.
Well, now the books are bringing in Hollywood celebrities to parrot their cause. Saw a TV commercial today with Kelsey Grammar (Frasier) telling how his father was murdered and his sister raped. I still haven’t seen any counter TV ads opposing this travesty of an amendment. I fear we have lost this one.
IT is all BS political posturing. A victim has NO rights in a a criminal case. They only have whatever crumbs the state will throw to them. Do you want proof/. who are the parties in a criminal action? The STATE vs. the defendant,
I have always identified as conservative / GOP voter, i have always tried to look at what the candidate brings as a whole for my community, state, or for our country. but for the first time I find myself asking what will this person do to help me and my family. i dont mind some inconvenience to myself if I see the person is truly helping to better our community . I am so very torn, I am just sick over the way all of them ( both sides) use SO’s as a political pick. I am not some sub-human species, I am sick and tired of being mistreated and abused so some politician can stand on a soap box and point at me to divert attention away from his/her own misdeeds. so i find myself thinking about voting against my own beliefs in hopes that as an SO , i might get some personal relief. Am i the only one who is this torn over what to do in the upcoming mid terms??
I see a lot of people giving feedback on this article. Why not find someone who will run for office and bump heads with her. I don’t want to sound like the bad guys here but crying and whining about the bookmans and the their crazy agenda is not going to work. Plain and simple start by finding someone to help fight for you. I read articles about her on internet the only reason they are getting away with this crap is no one is opposing them in the office. If some one would call them out in the media like that Derek guy from “once fallen” Or that heavy guy who embrassed Ron book on t.v. I keep giving the suggestion on this but no one is playing attention….. Find someone anybody and put them on running ballot against her. You need to pressure them out of office Look at Trump an underdog. over 20,48 million in florida along someone looking to get into office. Stop crying over spill milk get someone on the ballot.
my only sadness about my ridiculous charge (as stated by the judge) and my labeling is that I am limited with regards ti international travel. IML will and does effect me and my freedom to travel where ever I would like to go. According to professionals I am a zero risk to society and children after taking at least 50 tests and a polygraph, an FBI profilers report all stated I was truthful and they found no danger for me to be in society or around children. I was recently accepted to volunteer in Africa caring for impoverished children with Aides. My first priority is finishing up my last semester to earn yet another degree. This one is a BS in Human Services. But my passion has always been traveling and I thank my Lord that I had that rare opportunity to travel ALL 7 continents before all of this revengeful, malicious acts against me by law enforcement took place 14 years ago. I am a survivor and always find away but it’s silly I have to play this game to do the one thing that makes me feel whole; travel. I travel not for staying at a 5 star hotel but to be right there with the struggling people and to learn from them. I help as much as I can and try to walk in their shoes. I wonder how many citizens/politicians have tried to walk in our shoes for a day.
This is why I always look forward to Frank’s posts. I always learn something new about international travel, anecdotal information that I don’t even get from the Registrant Travel Action Group (who are also good).
RTAG is good at the core of what they do, which includes; investigating travel issues and reporting them back to the community, advocating for repeal of travel restrictions, contacting other countries’ consulates to explain the inaccuracies of the US’ policy of sending out notices on everyone (dangerous or not) and negotiating relief for those desiring to travel, etc. RTAG’s core is not web development and unfortunately they don’t have resources to keep their site updated and disseminate information by text or email (as do some of the other organizations). They are still invaluable and if they can bring some tech help on board they will be even more of a resource.
Is there no way to get Injuction relief against Lauren book to stop her from pushing that hateful bill she trying to get voted in office. No one running against her what happen to the good old smear campain ads against the opposed person
No, there is no way to get injunctive relief against her promoting a ballot measure.
It will pass and so will voting rights for everone but a sex offender.
I have a bad feeling that will be the case.
I predict a split: “Lauren’s Law” aka Amendment 6 will pass, but Amendment 4 will fail because it is “soft on criminals.”
“As a survivor of childhood sexual assault, Senator Lauren Book understands how painful the court process in Florida can be for victims of crime. From a lack of information to having no voice, victims are left with fewer rights than their offender. Crime victims in Florida deserve more. Please vote yes on Amendment 6 this November to give victims of crime in Florida the equal rights they need.”
Well, Not only has Senator Lauren Book SURVIVED but thrived and made a career out of her “sexual assault” as did her daddy.
As for the Florida court system being painful I agree – Just ask anyone who is paying the price for being labelled a so-called “sex offender” – WE are the real victims of the corrupt system that YOU are a major part of!
Talk about trauma…talk about being a victim…talk about pain! Well missy I would love to remind YOU as you remind tens of thousands in Florida each day just how horrible American citizens are treated in Florida as a result of your vengeful hate motivated laws that you needlessly keep piling on year after year instead of looking for real solutions – But that would take real leadership and real integrity NEITHER of which YOU – Lauren Book have.
Why not just contact IRS and tell them to watch her (book’s)commericals so she lose the 501 c protection. I don’t live in Florida so I could not really help there so contract that judge in Lee county maybe get an injuction against her So one needs to discredit her maybe an Irs agent can check the their money wheres it going
Me. Book by indorcing this bill has jeopardized her 501c3 as she is indorcing a law if anyone complains to the irs on their website her non profit could be fined or even lose the non profit statis as did Lunsford when his was reported.
Good idea – someone want to take charge?
Tho I would love to, but I would much rather see Stacy Honowitz lose her license to practice; also to be drawn and quartered for all the lives she has ruined for her lies in the SVU.
But…. How would I go about making a complaint against Ms. Book.??
One more thing… Did FAC know that Ms. Book (under the name “Laurens Kids”) has been advertising on Channel 7 news @ 10pm FOR Marcys Law???
her commercials are all over the place.
I can’t put a local channel without seeing it. I hate her commercial. Makes me sick and she looks and sounds ridiculous. I just change the channel for a few seconds and return to my program.
Goes to show you what money can do.
A place to start is http://www.irs.gov/charities-non-profits it’s been a while but that’s where I learned how to file the complaint and a lot more
How would that work? You mean like, file a lawsuit over their status?
And since she is also a senator, isn’t she kind of supposed to endorse laws? Or is it Lauren’s Kids that is endorsing it blatantly?
Whoops Sean just answered the second part of my question.
As expected, this amendment would strip the constitutional rights of the accused:
[The League of Women Voters of Florida argued, “Victims’ rights are already protected in the Constitution, and this amendment would eliminate an existing provision that victims’ rights do not interfere with the constitutional rights of the accused..”]
Here’s the actual paragraph that will be struck out of the state constitution:
“Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.”
Source: https://ballotpedia.org/Florida_Amendment_6,Marsy%27s_Law_Crime_Victims_Rights,_Judicial_Retirement_Age,_and_Judicial_Interpretation_of_Laws_and_Rules_Amendment(2018)
Who’s behind this? This picture is worth thousands of words:
https://www.marsyslawforfl.com/
Read through the website…..
ACLU Florida is opposing this:
https://www.aclufl.org/sites/default/files/aclufl_position_on_ballot_amendment_6.pdf
Even USA Today is trying to use the sex offender angle on this:
https://www.usatoday.com/story/sponsor-story/marsys-law-for-florida/2018/09/25/victims-rights-advocate-encourages-yes-vote-amdt-6-marsys-law-nov/1367879002/
Yet, the accused were not sex offenders nor predators:
https://www.palmbeachpost.com/news/crime–law/father-fighting-release-slain-daughter-staci-weinstein-killer/eCEKNT4O8YiDjouqBitJmM/
All this shows how the bookends use power and pity to manipulate and twist the truth to fit their own sick agenda and perpetual victim narrative.
I knew it !!! I do agree with victim rights as far as anonymity if they so choose, but not for them to pretty-much being judge, jury and executioner. Just seeing Lauren Crook Book advocate for this Amendment 6, I knew something wasn’t right and somehow her family would profit. This bundling thing should be illegal. It’s like voting for free days at Busch Gardens AND setting Charles Manson free (if he were still alive), on the same Amendment. It’s just plain ridiculous. And to fool the voters into believing they are just voting for one thing instead of multiple issues is just plain manipulative on their part.
I will be at the voting prescinct in my area on voting day with posters to vote NO!!!!!!!! on Amendments 4, 6, and 11 with brief reasons why.
Is there any doubt of the depth of control the bookends have over the political and judicial processes in Floriduh? Will no one man up and buy counter TV ads exposing the true intent of Amendment 6 (to strip what little rights a person has when convicted of a sex crime)? Is everyone afraid to cross the books? It seems they are unstoppable and until they are stopped, our lives will continue to deteriorate. This feel good amendment’s consequences will trickle down and make our lives EVEN more miserable. Sure, we “win” small battles but the books are winning the big ones and more importantly, the war.
So if amendment 6 is bundled, where on the ballet do we find it?
Under amendment 6…