Measure Three: Diving Deep Into Marsy’s Law

Marsy’s Law seeks to make a constitutional amendment in the state that guarantee’s victims of crimes the same rights as defendants in legal cases.

Some say it’s unnecessary possibly harmful, whereas others think it’s long overdue.

Forms of Marsy’s Law have been implemented in other states including  California and Illinois.

North Dakota’s version of the bill is almost twice as long as those in the other states.

Some are worried the wording could lead to ambiguity in the law which as a constitutional amendment could cause problems long term.

“Once you put something into the constitution the likelihood that you’ll ever be able to amend it again is about zero,” says Cass County States Attorney Birch Burdick.

Those in favor of the measure say the length is proof that the language in it has been carefully written and less ambiguous.

There already is legislation in the state that protects victims rights but proponents of Measure three say it doesn’t go far enough.

“Because there is no mechanism for them to enforce those rights, there are victims after victims that have come fourth and said we were not included in this process,” says Laura Viozzi with Red River Valley for Marsy’s Law.

Those against the measure say the current legislation is perfectly fine and if people want something in it to change they have the ability to do so since it is not in the state constitution.

That’s not the way Measure Three advocates see it though.

“No matter how much we tinker around with the statutory legislation we’re never going to be able to give those victims the rights that they deserve,” says Viozzi.

Victims rights aside there is a strong opposition from those who work in the legal field.

“Prosecutes throughout the state have reviewed measure three, Marsy’s Law and are not in favor of it. Neither are victim advocacy groups,” says Burdick.

They say granting the same legal rights of defendants to victims could cause problems in the courtroom.

“If a victim has the chance to look through all the police reports ahead of time for all those other witnesses they could conceivably tailor their testimony,” says Burdick.

Birch says defendants are granted certain special rights because their personal liberties are put at stake during a trial.