104°F
weather icon Clear

Marsy’s Law, Question 1, sounds good but has major problems

In 1983, California college student Marsalee “Marsy” Nicholas was killed by ex-boyfriend Kerry Conley. Upset about Conley’s release on bail without the family being notified, Marsy’s brother, tech billionaire Henry T. Nicholas III, funded a campaign to replace existing victim rights laws with a vaguely worded “victims’ bill of rights” tacked on to each state’s constitution. It is on the ballot in Nevada as Question 1.

The Marsy’s Law campaign has succeeded in several states due to the absence of organized opposition. But adoption has invariably been followed by buyer’s remorse thanks to a number of unintended consequences. It imposes high costs and impossible burdens on police and prosecutors, especially in rural counties. This has resulted from a greatly broadened definition of “victim” — to include extended family members, guardians and even some acquaintances — and from the notifications being required from the point of arrest, not conviction.

Most disturbing is Marsy’s Law’s disregard for the presumption of innocence, something that might be of concern to Mr. Nicholas. In August he was arrested in Las Vegas for possession of heroin, cocaine, meth and ecstasy. Under Nevada’s existing laws, Mr. Nicholas is presumed innocent until proven guilty in a court of law. Those laws should not be changed. Vote “no” on 1.

MOST READ
Don't miss the big stories. Like us on Facebook.
THE LATEST
LETTER: Remember the Bush plan?

What if we had invested a small portion of Social Security in the markets?

LETTER: Awfully generous to LVCVA chief

Does anyone really deserve a bonus of more than a quarter million dollars when they already make a half million in salary and have an expense account that most of us in the real world could never even imagine?

LETTER: Putting party first

Democrats in Nevada congressional delegation fail the test.

LETTER: It was a good run for democracy

As I watched the GOP members of Congress cheer the passage of their bill that will strip millions of health care, deny food to children and shred the Constitution, I felt sick to my stomach.

LETTER: An appreciation for America

July 4 was a special celebration of the United States’ birthday. I don’t recall ever seeing such an outpouring of recognition of our country’s origins and greatness.

MORE STORIES