The rights of victims are of the utmost importance; a sentiment shared by billionaire Henry Nicholas. The co-founder of the tech company Broadcom was instrumental in the creation of Marsy’s Law, or California’s Proposition 9: The Victims Bill of Rights; Nicholas advocated for the bill after his sister Marsalee was murdered. Under the law, passed on November 4, 2008, the family members of victims can address the judge and request the judge to deny any further continuances from the defense in a given case. The idea is that drawing out the length of a case adds to the agony victim’s family members must endure.

The State of California Department of Justice points out that Marsy’s Law:

• Protects and expands the legal rights of victims of crime in several areas.
• Gives victims the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution.
• Requires parole boards to notify families of any changes to an offender’s incarceration.
• Grants parole boards more power to deny inmates parole.

Marsy’s Law Nationwide

A team of lobbyists, public relations firms, and high-powered political strategists are working to encourage more states to adopt a victims bill of rights, CBS SF Bay Area reports. Nicholas is using his fortune to make Marsy’s Law a reality, nationwide. While you might think that other states would be excited about protecting the rights of victims, that is not the case.

Some communities are concerned that adopting a victims bill of rights could lead to crippling costs and administrative burdens, the article reports. Opponents argue that victim-notification requirements are costly, and such mandates could be too much for small towns and counties with few resources. Montana passed legislation intended to protect the rights of victims in 2016.

“Our local government does not have enough money to operate and protect victims adequately already. Now we have these unfunded mandates that are coming through Marsy’s Law to local governments without the resources to pay for them,” said Leo Gallagher, county attorney in Lewis and Clark County, Montana.

Montana’s Supreme Court recently struck the bill down in light of problems with the bill’s writing. It’s fair to say that several other states are wrestling with the same issues Montana faced with Marsy’s Law.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defense of juvenile offenders in California. Additionally, as a victims rights attorney, Katie Walsh helps you pursue justice while acting as a compassionate advocate and trusted confidante. Please contact us today; we can help.

It’s no secret that kids are susceptible to influence and pressure from their peers. When such pressure comes by way of adults, or police officers for that matter, it can lead young people to do or say things that are incriminating. Children have rights and it’s important that their rights are protected, and it is up to adults to ensure those rights. Governor Jerry Brown agrees with that sentiment, which is why he signed some crucial pieces of legislation into law last month aimed at protecting children.

On October 11, 2017, according to Human Rights Watch (HRH), Gov. Brown signed bills that will protect children in police custody, limit prison terms for youth and young adults, and offer young people a chance to rebuild their lives. The bills address Miranda rights for youth, assuring opportunity for parole for minors, and extending youth offender parole.

“California is acting on research showing that our brains don’t mature until our mid-20s. These bills will ensure that the state’s youth are protected and given a second chance,” said Elizabeth Calvin, senior children’s rights advocate at Human Rights Watch. “California’s children and youth deserve the hope and real opportunities these new laws will give them.”

Opportunities for Youth Offenders

Senate Bill 395 (SB 395) prevents police officers from interrogating children 15 and under until after he or she has spoken with an attorney, HRH reports. Previously, children could waive their Miranda rights despite having little grasp on the implications of talking to police without parents or counsel present.

“Everyone has heard TV cops rattle off Miranda warnings, but in real life, youth don’t understand what those warnings mean,” Calvin said. “They especially don’t understand what can happen to them once they give up those rights. This new law will make sure children aren’t alone when making a crucial, complex legal decision.”

Senate Bill 394 (SB 394) gives opportunities for parole to young people who received life sentences for crimes they committed as minors. Such people will first be eligible for a parole hearing after completing 24 years of their sentence.

“No other country outside the US imposes life without parole sentences on children. By signing SB 394 into law, Governor Brown removes this shameful exception in California,” said Calvin.

Assembly Bill 1308, extends the special parole process called “Youth Offender Parole,” through the age of 25, the article reports. The previous cut-off for youth offender parole was 22, but research shows that people released through the process have had a low recidivism rate. It makes sense to extend the age restriction, giving more young people an opportunity to turn their life around.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defense of juvenile offenders in California. We can assist your child in obtaining a favorable outcome in their case. Please contact us today; we can help.