The PA election tomorrow (Nov 5 2019) includes a ballot referendum on whether Marsy’s Law should be added as an amendment to the Pennsylvania Constitution. I plan to vote “no” and I will get around to telling you why but first I should tell you what the law is.

The League of Women Voters is a non-partisan organization concerned with elections and voting including educating voters. Here is their website on this ballot referendum on Marsy’s Law.

I will quote a section of that page which has the text of the ballot question you will be voting on tomorrow.

“Shall the Pennsylvania constitution be amended to grant certain rights to crime victims including to be treated with fairness, respect and dignity; considering their safety in bail proceedings; timely notice and opportunity to take part in public proceedings; reasonable protection from the accused; right to refuse discovery requests made by the accused; restitution and return of property; proceedings free from delay; and to be informed of these rights, so they can enforce them. “

There are several things I like about this law. But others I find troubling. On balance I am a “no” vote. I do like the idea that victims of a crime are granted several important rights. I agree with much of this but I do not like that some of these rights impinge of the rights of the accused.

One part of it says ‘right to refuse discovery requests made by the accused” I am not a lawyer but it seems to me that “discovery” is an important part of our justice system.

Imagine if you were accused of a crime and not allowed to see the evidence the prosecution has against you until it is too late to do much about it. Also, what if they have (but do not present) evidence that you could not have done the crime?

I’m also not sure that something like this belongs in the state constitution. Victim’s Rights are addressed in a law and that law could be strengthen if it seems insufficient. But is there any compelling reason this should be in our constitution?

It seems too vague. For example, “grant certain rights to crime victims including”. Are there other rights not mentioned? Will the rights be described more fully in the final version? Do we have to approve the amendment before we see the whole thing?

On the page cited above, the League of Women Voters lays out their list of pros and cons for this amendment. Read it to help you decide how you will vote tomorrow.