Marsy’s Law (Ballot Initiative Amendment 6) returns, bundled, after previously being struck from the ballot

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

29 thoughts on “Marsy’s Law (Ballot Initiative Amendment 6) returns, bundled, after previously being struck from the ballot

  • September 25, 2018

    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

    Reply
  • September 25, 2018

    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.

    Reply
    • September 25, 2018

      Good idea – someone want to take charge?

      Reply
      • September 25, 2018

        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???

        Reply
        • September 25, 2018

          her commercials are all over the place.

          Reply
          • September 26, 2018

            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.

          • September 26, 2018

            Goes to show you what money can do.

      • September 25, 2018

        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?

        Reply
      • September 25, 2018

        Whoops Sean just answered the second part of my question.

        Reply
  • September 25, 2018

    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.

    Reply
  • September 25, 2018

    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.

    Reply
  • September 25, 2018

    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.

    Reply
  • September 25, 2018

    So if amendment 6 is bundled, where on the ballet do we find it?

    Reply
    • September 25, 2018

      Under amendment 6…

      Reply

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