Frequently Asked Questions

What is the victims’ rights amendment known as Marsy’s Law that passed in November, 2018?

Last November, North Carolina’s voters overwhelmingly voted to strengthen rights for victims of crime - giving crime victims’ rights equal authority in the state Constitution already given to the rights of the accused and convicted.

The amendment, known as Marsy’s Law, is a bipartisan victims’ rights initiative which seeks to amend state constitutions like North Carolina that lack guaranteed enforceable protections to crime victims. It passed in North Carolina by more than 60 percent of the statewide vote - the most of any of the six amendments voters considered on the 2018 ballot.

What rights are automatic for victims of crime, and which rights must be requested?

While Marsy's Law guarantees a number of rights for victims of crime, some are considered opt-in. Victims must request the right to:

  • Confer with the prosecuting agency
  • Reasonable notice of, and be present for, all public proceedings where the defendant and prosecutor are entitled to be present and all parole or other post-conviction release proceedings
  • Be heard at any public proceeding involving release or sentencing
  • Be informed of the conviction, sentence, place and time of incarceration, the scheduled release date of the defendant, and the release or escape from custody
  • Be notified of the parole or other release of the offender
  • Assert your rights and have the court rule promptly on your request

The full list of Marsy's Law rights is located here.

More information about victims' rights is available on the North Carolina Judicial Branch website.

Do notifications and the right to be heard interfere with the court or slow the process down?

Notifying victims and allowing their participation in the justice process does not delay court proceedings. When victims opt-in for notifications, they may briefly share their perspectives during hearings to determine conditions of release. Historically, they have also been key witnesses and are often called to testify in trials.

In a criminal case, the prosecution is between the state and the defendant, with the district attorney responsible for decisions on how and when the case will be resolved. Marsy's Law does not alter the authority of the district attorney. While victims are recognized as more than mere bystanders, they are not parties to the case and cannot veto the district attorney's decisions. The district attorney’s role is to balance all competing interests. Marsy’s Law simply ensures that victims' rights are guaranteed for victims and their families.

https://youtu.be/BcvuuX-gQ5g 

Does Marsy's Law take away from the rights of the accused?

This amendment takes nothing away from the rights of the accused.  In fact, this amendment does not and is not intended to negatively impact the rights of the accused or convicted and will take nothing away from the current Constitutional rights criminal defendants have to access fair trials and due process. Marsy’s Law simply elevates victims to the same level in the Constitution, establishing “co-equal” rights for victims alongside the accused.

 

Where can I read the text of the amendment?

The full text and history of the bill are available here.




How does Marsy's Law impact North Carolina's juvenile justice system?

Marsy’s Law has no bearing on North Carolina’s recent Raise the Age legislation and doesn’t take away from any program - for juveniles or adults. This amendment does not undermine the rights of young people as it has no effect on how defendants/respondents in juvenile cases are treated. Marsy’s Law simply ensures that all victims of crime have equal rights whether the perpetrator of the crime is a juvenile or an adult.  

There really should be no difference in the way victims of crime are treated because of the age of the offender.

Marsy’s Law is not expected to significantly change the current methods of operation of Juvenile Court, even though Raise the Age will increase the volume of cases.