Marsy’s Law for Illinois marks 10 years of encouraging voices from survivors of violent crime

(WIFR) – Despite a nationwide decline in crime, violent crime affects more than four out of every 1,000 Illinois residents each year.

Marsy’s Law ensures that victims of violent crimes have the same constitutional rights as those accused and convicted of these crimes.

On November 4, 2014, Marsy’s Law was signed into the state constitution and received 78% of the vote – more than 2.6 million voters. Leaders say this law is among the strongest protections for the rights of crime victims in the country.

Known as HJRCA, Marsy’s Law for Illinois:

• Guarantees the right to be informed of legal proceedings
• Guarantees the right to be represented at trials and hearings regarding their case
• Guarantees the right to provide the court with a written statement on the impact a violent crime has had on them
• Provides greater access to post-trial proceedings
• Guarantees timely action at the request of the victim
• Allows people to appeal against decisions that affect the exercise of their personal rights

Jennifer Bishop-Jenkins, the Illinois director of Marsy’s Law, lost her sister, brother-in-law and unborn baby in 1990 at the hands of a then-teenager. This loss led her to become involved with Marsy’s Law, which was founded in California in 2008.

“You have no say in the prosecution and defense in such cases, but victims have the right to be heard, to be safe and to be informed of things, to make a victim impact statement before sentencing,” Bishop -Jenkins says. “Victims have the right to seek compensation if someone has caused them financial harm.”

Bishop-Jenkins explains that her family was barred from making a victim impact statement during the 1992 trial because “the court was too busy.” She says that the victims’ rights, which were enshrined in the constitution at the time, were purely symbolic.

“They actually lacked a legal enforcement mechanism,” Bishop-Jenkins explains. “The crime victim was not given the authority to say in court, ‘But I have the right to say this.'”

Amanda Davis, advocacy coordinator for Voices of Stephenson County, encourages survivors to seek help through the legal process. She says Marsy’s Law gives them the opportunity to heal through the use of their voice.

“What they had to live with, what they continue to have to live with; This is their chance, this is their last word about what they can finally say,” says Davis. “That might be all they get.”

To date, only 12 states have incorporated Marsy’s Law into their constitutions, including Florida, Georgia, Kentucky and Wisconsin. Advocates like Bishop-Jenkins and Davis hope it will one day be approved statewide.

One problem with this, according to Bishop-Jenkins, is the misconception that the rights of the victim can limit the rights of the accused.

“People who today view or dismiss the victims’ rights movement as somehow competitive with justice for all people accused of a crime, that is simply wrong.”

To read the story of Marsy Ann Nicholas, the woman whose death sparked this movement, visit the official website here.

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